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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Mass | |||||||||||||||||||||
5 | Transit District Labor Relations Act. | |||||||||||||||||||||
6 | Section 5. Strikes prohibited. No public employee or | |||||||||||||||||||||
7 | employee organization of a mass transit district may engage in | |||||||||||||||||||||
8 | a strike, and no public employee or employee organization of a | |||||||||||||||||||||
9 | mass transit district may cause, instigate, encourage, or | |||||||||||||||||||||
10 | condone a strike. | |||||||||||||||||||||
11 | Section 10. Violations and penalties; presumption; | |||||||||||||||||||||
12 | prohibition against consent to strike; determination; notice; | |||||||||||||||||||||
13 | probation; payroll deductions; objections; and restoration. | |||||||||||||||||||||
14 | (a) Violations and penalties. A public employee violates | |||||||||||||||||||||
15 | this Act by engaging in a strike or violating subsection (c) of | |||||||||||||||||||||
16 | this Section and is liable as provided in this Section. In | |||||||||||||||||||||
17 | addition, any public employee who violates Section 5 of this | |||||||||||||||||||||
18 | Act may be subject to removal or other disciplinary action for | |||||||||||||||||||||
19 | misconduct. | |||||||||||||||||||||
20 | (b) Presumption. For purposes of this Act, an employee who | |||||||||||||||||||||
21 | is absent from work without permission or who abstains wholly | |||||||||||||||||||||
22 | or in part from the full performance of his or her duties in |
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1 | the normal manner without permission on the date when a strike | ||||||
2 | occurs, is presumed to have engaged in the strike on that date. | ||||||
3 | (c) Prohibition against consent to strike. No person | ||||||
4 | exercising any authority, supervision, or direction over any | ||||||
5 | public employee on the behalf of any public employer has the | ||||||
6 | power to authorize, approve, condone, or consent to a strike or | ||||||
7 | to the engaging in a strike by one or more public employees, | ||||||
8 | and that person shall not authorize, approve, condone, or | ||||||
9 | consent to that strike or engagement. | ||||||
10 | (d) Determination. If it appears that a violation of this | ||||||
11 | Act may have occurred, then the chief executive officer of the | ||||||
12 | unit of local government involved shall, on the basis of any | ||||||
13 | investigation and affidavits that he or she deems to be | ||||||
14 | appropriate, determine whether or not a violation has occurred | ||||||
15 | and the date or dates of the violation. If the chief executive | ||||||
16 | officer determines that a violation has occurred, he or she | ||||||
17 | shall further determine, on the basis of any further | ||||||
18 | investigation and affidavits that he or she deems to be | ||||||
19 | appropriate, the names of employees who committed the violation | ||||||
20 | and the date or dates thereof. That determination is not deemed | ||||||
21 | to be final until the completion of the procedures provided for | ||||||
22 | in this Act. | ||||||
23 | (e) Notice. The chief executive officer shall forthwith | ||||||
24 | notify each employee that he or she has been found to have | ||||||
25 | committed a violation, of the date or dates of the violation, | ||||||
26 | and of his or her right to object to the determination in |
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1 | accordance with subsection (g) of this Section. He or she shall | ||||||
2 | also notify the chief fiscal officer of the unit of local | ||||||
3 | government of the names of all such employees and of the total | ||||||
4 | number of days, or part thereof, on which he or she determined | ||||||
5 | that a violation occurred. The notice to each employee must be | ||||||
6 | by personal service or by certified mail to the employee's last | ||||||
7 | address filed with the employer. | ||||||
8 | In cases regarding an employee governed under the Regional | ||||||
9 | Transportation Authority Act or the Metropolitan Transit | ||||||
10 | Authority Act, the chief executive officer is the Executive | ||||||
11 | Director of the Regional Transportation Authority. | ||||||
12 | (f) Payroll deductions. Not earlier than 30 nor later than | ||||||
13 | 90 days following the date of a determination, the chief fiscal | ||||||
14 | officer of the unit of local government involved shall deduct | ||||||
15 | from the compensation of each such employee an amount equal to | ||||||
16 | twice his or her daily rate of pay for each day or part thereof | ||||||
17 | that it was determined that he or she had violated this Act. | ||||||
18 | The rate of pay must be computed as of the time of the | ||||||
19 | violation. In computing the deduction, a credit is allowed for | ||||||
20 | amounts already withheld from the employee's compensation on | ||||||
21 | account of absence from work or other withholding of services | ||||||
22 | on the day or days. In computing the 30-day to 90-day period of | ||||||
23 | time following the determination of a violation pursuant to | ||||||
24 | subsection (d) of this Section and when the employee's annual | ||||||
25 | compensation is paid over a period of time that is less than 52 | ||||||
26 | weeks, that period of time between the last day of the last |
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1 | payroll period of the employment term in which the violation | ||||||
2 | occurred and the first day of the first payroll period of the | ||||||
3 | next succeeding employment term is disregarded and not counted. | ||||||
4 | (g) Objections and restoration. Any employee who has been | ||||||
5 | determined to have violated this Act may object to that | ||||||
6 | determination by filing his or her sworn affidavit, supported | ||||||
7 | by available documentary proof, containing a short and plain | ||||||
8 | statement of the facts upon which he or she relies to show that | ||||||
9 | the determination was incorrect. The affidavit shall be subject | ||||||
10 | to the penalties of perjury. The affidavit must be submitted to | ||||||
11 | the chief executive officer within 20 days after the date on | ||||||
12 | which notice was served or mailed to him or her pursuant to | ||||||
13 | paragraph (e) of this Section. If the chief executive officer | ||||||
14 | determines that the affidavit and supporting proof establishes | ||||||
15 | that the employee did not violate this Act, then he or she | ||||||
16 | shall sustain the objection. If the chief executive officer | ||||||
17 | determines that the affidavit and supporting proof fails to | ||||||
18 | establish that the employee did not violate this subdivision, | ||||||
19 | he or she shall dismiss the objection and so notify the | ||||||
20 | employee. If the chief executive officer determines that the | ||||||
21 | affidavit and supporting proof raises a question of fact that, | ||||||
22 | if resolved in favor of the employee, would establish that the | ||||||
23 | employee did not violate this subdivision, he or she shall | ||||||
24 | appoint a hearing officer to determine whether in fact the | ||||||
25 | employee did violate this Act after a hearing at which the | ||||||
26 | employee shall bear the burden of proof. If the hearing officer |
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1 | determines that the employee failed to establish that he or she | ||||||
2 | did not violate this Act, the chief executive officer shall so | ||||||
3 | notify the employee. If the chief executive officer sustains an | ||||||
4 | objection or the hearing officer determines on a preponderance | ||||||
5 | of the evidence that the employee did not violate this | ||||||
6 | subdivision, the chief executive officer shall forthwith | ||||||
7 | notify the chief fiscal officer who shall thereupon cease all | ||||||
8 | further deductions and refund any deductions previously made | ||||||
9 | pursuant to this Section. The determinations provided in this | ||||||
10 | paragraph are reviewable pursuant to the Administrative Review | ||||||
11 | Law. | ||||||
12 | Section 15. Disciplinary action; employee organizations. | ||||||
13 | (a) An employee organization that is determined to have | ||||||
14 | violated this Act is subject to disciplinary action in | ||||||
15 | accordance with the provisions of this Section. | ||||||
16 | (b) If it appears that a violation of this Act may have | ||||||
17 | occurred, it is the duty of the chief executive officer of the | ||||||
18 | public employer involved (i) forthwith to so notify the board | ||||||
19 | and the chief legal officer of the government involved and (ii) | ||||||
20 | to provide the Illinois Labor Relations Board and that chief | ||||||
21 | legal officer with such facilities, assistance, and data as | ||||||
22 | will enable the Board and the chief legal officer to carry out | ||||||
23 | their duties under this Section. | ||||||
24 | (c) If it appears that a violation of this Act may have | ||||||
25 | occurred, the chief legal officer of the government involved, |
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1 | or the Board on its own motion, shall forthwith institute | ||||||
2 | proceedings before the Board to determine whether the employee | ||||||
3 | organization has violated the provisions of this Act. | ||||||
4 | (d) Proceedings against an employee organization under | ||||||
5 | this Section must be commenced by service upon it of a written | ||||||
6 | notice, together with a copy of the charges. A copy of the | ||||||
7 | notice and charges must also be served, for their information, | ||||||
8 | upon the appropriate government officials who recognize that | ||||||
9 | employee organization and grant to it the rights accompanying | ||||||
10 | that recognition. The employee organization has 8 days within | ||||||
11 | which to serve its written answer to the charges. The Board's | ||||||
12 | hearing must be held promptly thereafter, and at the hearing, | ||||||
13 | the parties may be represented by counsel and may summon | ||||||
14 | witnesses in their behalf. Compliance with the technical rules | ||||||
15 | of evidence is not required. | ||||||
16 | (e) In determining whether an employee organization has | ||||||
17 | violated this Act, the Board shall consider (i) whether the | ||||||
18 | employee organization called the strike or tried prevent it and | ||||||
19 | (ii) whether the employee organization made or was making good | ||||||
20 | faith efforts to terminate the strike. | ||||||
21 | (f) If the Board determines that an employee organization | ||||||
22 | has violated the provisions of this Act, the Board shall order | ||||||
23 | forfeiture of the employee organization's rights for such | ||||||
24 | specified period of time as the Board shall determine, or, in | ||||||
25 | the discretion of the Board, for an indefinite period of time | ||||||
26 | subject to restoration upon application, with notice to all |
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1 | interested parties, supported by proof of good faith compliance | ||||||
2 | with the requirements of this Section since the date of the | ||||||
3 | violation, that proof to include, for example, the successful | ||||||
4 | negotiation, without a violation of this Act, of a contract | ||||||
5 | covering the employees in the unit affected by the violation. | ||||||
6 | If, however, a fine imposed on an employee organization remains | ||||||
7 | wholly or partly unpaid after the exhaustion of the cash and | ||||||
8 | securities of the employee organization, then the Board shall | ||||||
9 | direct that, notwithstanding the forfeiture, the membership | ||||||
10 | dues deduction are continued to the extent necessary to pay the | ||||||
11 | fine and the public employer shall transmit the moneys to the | ||||||
12 | court. In fixing the duration of the forfeiture, the Board | ||||||
13 | shall consider all the relevant facts and circumstances, | ||||||
14 | including but not limited to: (i) the extent of any willful | ||||||
15 | defiance of this Act, (ii) the impact of the strike on the | ||||||
16 | public health, safety, and welfare of the community, and (iii) | ||||||
17 | the financial resources of the employee organization. | ||||||
18 | Additionally, the Board may consider (i) the refusal of the | ||||||
19 | employee organization or the appropriate public employer or the | ||||||
20 | representative thereof, to submit to the mediation and | ||||||
21 | fact-finding procedures provided in this Act and (ii) whether, | ||||||
22 | if so alleged by the employee organization, the appropriate | ||||||
23 | public employer or its representatives engaged in such acts of | ||||||
24 | extreme provocation as to detract from the responsibility of | ||||||
25 | the employee organization for the strike. In determining the | ||||||
26 | financial resources of the employee organization, the Board |
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1 | shall consider both the income and the assets of the employee | ||||||
2 | organization. If membership dues are collected by the public | ||||||
3 | employer, then the books and records of the public employer are | ||||||
4 | prima facie evidence of the amount so collected. | ||||||
5 | (g) An employee organization whose rights have been ordered | ||||||
6 | forfeited under this Section may be granted those rights after | ||||||
7 | the termination of the forfeiture only after complying with the | ||||||
8 | provisions of this Act. | ||||||
9 | (h) No compensation may be paid by a public employer to a | ||||||
10 | public employee with respect to any day or part thereof when | ||||||
11 | that employee is engaged in a strike against the employer. The | ||||||
12 | chief fiscal officer of the government involved shall withhold | ||||||
13 | compensation upon receipt of the notice; notwithstanding the | ||||||
14 | failure to have received that notice, no public employee or | ||||||
15 | officer having knowledge that the employee has so engaged in a | ||||||
16 | strike may deliver or cause to be delivered to that employee | ||||||
17 | any cash, check, or payment that, in whole or in part, | ||||||
18 | represents compensation. | ||||||
19 | Section 20. Public report. Within 60 days after the | ||||||
20 | termination of a strike, the chief executive officer of the | ||||||
21 | government involved shall prepare and make public a report in | ||||||
22 | writing, which shall contain the following information: (i) the | ||||||
23 | circumstances surrounding the commencement of the strike, (ii) | ||||||
24 | the efforts used to terminate the strike, (iii) the names of | ||||||
25 | those public employees whom the public officer or body had |
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1 | reason to believe were responsible for causing, instigating, or | ||||||
2 | encouraging the strike and the varying degrees of individual | ||||||
3 | responsibility, and (iv) the sanctions imposed or proceedings | ||||||
4 | pending against each individual public employee. | ||||||
5 | Section 25. Application for injunctive relief. | ||||||
6 | Notwithstanding any other provision of law, if it appears that | ||||||
7 | public employees or an employee organization threaten or are | ||||||
8 | about to do, or are doing, an act in violation this Act, the | ||||||
9 | chief executive officer of the government involved shall (i) | ||||||
10 | forthwith notify the chief legal officer of the government | ||||||
11 | involved and (ii) provide that chief legal officer with such | ||||||
12 | facilities, assistance, and data as will enable the chief legal | ||||||
13 | officer to carry out his or her duties under this Section, and, | ||||||
14 | notwithstanding the failure or refusal of the chief executive | ||||||
15 | officer to so act, the chief legal officer of the government | ||||||
16 | involved shall forthwith apply to the circuit court for | ||||||
17 | injunctive relief.
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18 | Section 70. The Illinois Public Labor Relations Act is | ||||||
19 | amended by adding Section 28 as follows: | ||||||
20 | (5 ILCS 315/28 new)
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21 | Sec. 28. Mass transit workers. Beginning on the effective | ||||||
22 | date of this amendatory Act of the 96th General Assembly, | ||||||
23 | public employees and employee organizations of mass transit |
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1 | districts are subject to the provisions of the Mass Transit | ||||||
2 | District Labor Relations Act, as well as to the provisions of | ||||||
3 | this Act. To the extent of any conflict, the provisions of the | ||||||
4 | Mass Transit District Labor Relations Act control over the | ||||||
5 | provisions of this Act.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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