HB4148eng 103RD GENERAL ASSEMBLY

HB4148 Engrossed LRB103 34551 JDS 64386 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Legislative Employee Labor Relations Act.

Section 5. Policy. It is the public policy of the State of Illinois to grant legislative employees full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of negotiating wages, hours, and other conditions of employment.

It is the purpose of this Act to regulate labor relations between the General Assembly and legislative employees, including the designation of employee representatives, the negotiation of wages, hours, and other conditions of employment, and the resolution of disputes arising under collective bargaining agreements.

It is the purpose of this Act to prescribe the legitimate rights of both legislative employees and the General Assembly, to protect the public health and safety of the citizens of Illinois, and to provide peaceful and orderly procedures for protection of the rights of all.

Section 10. Definitions. As used in this Act:

(a) "Board" means the Illinois Labor Relations Board, as defined in the Illinois Public Labor Relations Act, or, with respect to a matter over which the jurisdiction of the Board is assigned to the State Panel under Section 20, the State Panel.

(b) "Collective bargaining" means bargaining over terms and conditions of employment, including hours, wages, and other conditions of employment, as detailed in Section 35 and which are not excluded by Section 15.

(c) "Confidential employee" means an employee who, in the regular course of the employee's duties:

(1) assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations; or

(2) has authorized access to information relating to the effectuation or review of the collective bargaining policies of the General Assembly.

Determinations of confidential employee status shall be based on actual employee job duties and not solely on written job descriptions.

(d) "District office employee" means any employee employed by a representative or senator and paid out of the office allowance that is provided to the representative or senator under Section 4 of the General Assembly Compensation Act.

(e) "Excluded employee" means an employee involved in negotiating legislation, formulating policies concerning legislation, making decisions regarding legislative matters, negotiating rulemaking, formulating policies concerning rulemaking, or making decisions regarding rulemaking.

(f) "Exclusive representative" means the labor organization that has been (i) designated by the Board as the representative of a majority of legislative employees in an appropriate bargaining unit in accordance with the procedures contained in this Act or (ii) recognized by the Office of State Legislative Labor Relations upon evidence, acceptable to the Board, that the labor organization has been designated as the exclusive representative by a majority of the legislative employees in an appropriate bargaining unit.

(g) (Reserved).

(h) "General Assembly" or "General Assembly of the State of Illinois" means the legislative branch of the government of the State of Illinois, as provided for under Article IV of the Constitution of the State of Illinois, and includes, but is not limited to, the House of Representatives, the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, the Joint Committee on Legislative Support Services, and any legislative support services agency.

(i) "Joint Committee" or "Joint Committee on Legislative Support Services" means the Joint Committee on Legislative Support Services created under Section 1-2 of the Legislative Commission Reorganization Act of 1984.

(j) "Labor organization" means any organization in which legislative employees participate and that exists for the purpose, in whole or in part, of dealing with the Office of State Legislative Labor Relations on behalf of the General Assembly concerning wages, hours, and other terms and conditions of employment, including the settlement of grievances.

(k) "Legislative employee" means any employee of the General Assembly of the State of Illinois. Except to the extent otherwise excluded under this subsection (k), "legislative employee" includes research and appropriations employees, legislative affairs employees, legal employees, communications employees, clerk's office employees, district office employees, and employees employed by a legislative support services agency. "Legislative employee" does not include a member of the General Assembly of the State of Illinois; the chief of staff, deputy chief of staff, or chief legal counsel for the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, or the Minority Leader of the House of Representatives; the Secretary of the Senate; the Assistant Secretary of the Senate; the Clerk of the House of Representatives; the Assistant Clerk of the House of Representatives; the Legislative Inspector General; an employee of the Office of the Legislative Inspector General; the Director or any employee of the Office of State Legislative Labor Relations; the commissioners or employees of the Legislative Ethics Commission; the executive director, deputy director, supervising attorney, principal attorney, or chief fiscal officer of a legislative support services agency; a district office chief of staff, a district office deputy chief of staff, or an individual in a district office employment position that is functionally equivalent to a district office chief of staff or a district office deputy chief of staff, as designated by the representative or senator; a confidential employee; a contractual employee; a managerial employee; a short-term employee; a supervisor; a temporary employee; or an excluded employee.

(l) "Legislative support services agency" means the Commission on Government Forecasting and Accountability, the Joint Committee on Administrative Rules, the Legislative Audit Commission, the Legislative Information System, the Legislative Printing Unit, and the Legislative Reference Bureau.

(m) "Managerial employee" means an individual who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of management policies and practices. Determination of managerial employee status shall be based on actual employee job duties and not solely on written job descriptions. Nothing in this definition prohibits an individual from also meeting the definition of "supervisor" under subsection (q) of this Section.

(n) "Office of State Legislative Labor Relations" means the Office of State Legislative Labor Relations that is created under Section 25 of this Act and that is responsible for representing and otherwise managing the interests of the General Assembly in collective bargaining with legislative employees.

(o) "Person" includes one or more individuals, labor organizations, legislative employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State of Illinois or any political subdivision of the State, including the General Assembly of the State of Illinois or any individual employed by the General Assembly of the State of Illinois.

(p) "Professional employee" means any employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical or physical work; involving the consistent exercise of discretion and adjustment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education or from apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study prescribed in this subsection (p) and is performing related work under the supervision of a professional person to qualify to become a professional employee as defined in this subsection (p).

(q) "Short-term employee" means an employee who is employed for less than 2 consecutive calendar quarters during a calendar year and who does not have a reasonable assurance of being rehired by the same employing entity of the General Assembly for the same service in a subsequent calendar year.

(r) "Supervisor" means an employee whose principal work is substantially different from that of the employee's subordinates and who has authority, in the interest of the General Assembly, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. The term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority. Determinations of supervisor status shall be based on actual employee job duties and not solely on written job descriptions. Nothing in this definition prohibits an individual from also meeting the definition of "managerial employee" under subsection (m) of this Section.

(s) "Unit" means a class of jobs or positions that are held by legislative employees whose collective interests may suitably be represented by a labor organization for collective bargaining. A bargaining unit determined by the Board shall not include (i) supervisors only or (ii) both employees and supervisors. Legislative employees who are partisan employees or legislative secretaries (other than district office employees) and whose ultimate jurisdictional authority under the State Officials and Employees Ethics Act is the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, or the Minority Leader of the House of Representatives shall comprise one unit, regardless of their political affiliation. Legislative employees who are nonpartisan employees and whose ultimate jurisdictional authority under the State Officials and Employees Ethics Act is the Senate Operations Commission or the Speaker of the House of Representatives shall comprise one unit. Legislative employees who are district office employees shall comprise one unit, regardless of their political affiliation.

Section 15. Management rights. The General Assembly shall not be required to bargain over matters of inherent managerial policy, which shall include such areas of discretion or policy as the following matters: the functions of the General Assembly, standards of services, the General Assembly's overall budget, the organizational structure and selection of new employees, examination techniques, and direction of employees.

The General Assembly shall not be required to bargain over any one or more of the following topics: (i) matters relating to qualifications and elections of senators or representatives; (ii) matters relating to the House of Representatives or Senate choosing members of leadership, committee chairs, or officers; (iii) matters related to the House of Representatives or Senate adopting rules; (iv) matters relating to establishing committees; (v) matters related to considering and enacting legislation; (vi) matters related to exercising the legislative power of the State; (vii) matters relating to legislative calendars, schedules, and deadlines for the House of Representatives or Senate; or (viii) laws, rules, policies, or procedures regarding ethics or conflicts of interest.

The General Assembly, however, shall be required to bargain collectively with regard to policy matters directly affecting wages, hours, and terms and conditions of employment, as well as the impact thereon upon request by legislative employee representatives.

Notwithstanding any other provision of this Act, each employing entity of the General Assembly has the sole and exclusive authority to designate one-third of its collective employee positions as confidential employees, managerial employees, supervisors, or excluded employees. The one-third of employee positions shall be calculated based on the total number of employee positions and not the number of employees at a given time. Nothing in this Section shall preclude the Board from exercising its discretion to designate additional employees as confidential employees, managerial employees, supervisors, or excluded employees.

For purposes of collective bargaining under this Act, a legislative employee employed by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, or a legislative employee that is a district office employee under Section 10 is employed by the individual occupying such elected position. Upon any change in a person occupying such an elected position, the newly elected person has the sole and exclusive authority to act with respect to employment decisions, such as hiring, promotion, renewal of employment, or discharge. No collective bargaining agreement may include a provision that prohibits a newly elected person from exercising that person's rights under this subsection with respect to the elected person's sole and exclusive authority to make employment decisions for the office.

Section 20. Illinois Labor Relations Board.

(a) The State Panel of the Illinois Labor Relations Board established under Section 5 of the Illinois Public Labor Relations Act has jurisdiction over collective bargaining matters between employee organizations and the General Assembly of the State of Illinois under this Act.

(b) To accomplish the objectives and carry out the duties prescribed by this Act, the State Panel may hold elections to determine whether a labor organization has majority status; investigate and attempt to resolve or settle charges of unfair labor practices; hold hearings in order to carry out its functions; develop and effectuate appropriate impasse resolution procedures for purposes of resolving labor disputes; and administer oaths and affirmations. The State Panel shall sign and report in full an opinion in every case that it decides.

Section 25. Office of State Legislative Labor Relations.

(a) The Office of State Legislative Labor Relations is hereby created and shall be responsible for representing and otherwise managing the interests of the General Assembly in collective bargaining between the General Assembly and legislative employees.

(b) The Joint Committee on Legislative Support Services shall appoint the Director of the Office of State Legislative Labor Relations within 60 days after the effective date of this Section and within 60 days after any subsequent vacancy in that office.

(c) The Director of the Office of State Legislative Labor Relations shall be appointed for a 4-year term and until a successor is appointed and qualified. The Director and other employees of the Office of State Legislative Labor Relations shall not be subject to the Personnel Code.

(d) The Director of the Office of State Legislative Labor Relations shall:

(1) conduct negotiations on behalf of the General Assembly with legislative employees and their exclusive representative or delegate that negotiating authority to a designee of the Director's choosing;

(2) be authorized to employ, fix the compensation, and prescribe the duties of negotiators, attorneys, and any other necessary professional, technical, and secretarial employees of the Office of State Legislative Labor Relations;

(3) sign contracts;

(4) issue vouchers for the payment of obligations pursuant to rules adopted by the Joint Committee on Legislative Support Services; and

(5) receive a salary as fixed by the Joint Committee.

Section 30. Right to organize and bargain collectively; exclusive representation; fair-share arrangements.

(a) Legislative employees have, and are protected in the exercise of, the right of self-organization, and they may form, join, or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, and other conditions of employment, not excluded by Section 15, and to engage in other concerted activities not otherwise prohibited by law for the purposes of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion. Legislative employees also have, and are protected in the exercise of, the right to refrain from participating in any such concerted activities.

(b) Nothing in this Act prevents a legislative employee from presenting a grievance to the Office of State Legislative Labor Relations and having the grievance heard and settled without the intervention of an employee organization; provided that the exclusive bargaining representative is afforded the opportunity to be present at such conference and that any settlement made shall not be inconsistent with the terms of any agreement in effect between the General Assembly and the exclusive bargaining representative.

(c) A labor organization designated by the Board as the representative of the majority of legislative employees in an appropriate unit in accordance with the procedures provided in this Act or recognized by the Office of State Legislative Labor Relations as the representative of the majority of legislative employees in an appropriate unit is the exclusive representative for the employees of such unit for the purpose of collective bargaining with respect to rates of pay, wages, hours, and other conditions of employment not excluded by Section 15. Unless otherwise mutually agreed, the Office of State Legislative Labor Relations is required at least once each month and upon request, to furnish the exclusive bargaining representative with a complete list of the names and addresses of the legislative employees in the bargaining unit, provided that the Office of State Legislative Labor Relations shall not be required to furnish such a list more than once per payroll period. The exclusive bargaining representative shall use the list exclusively for bargaining representation purposes and shall not disclose any information contained in the list for any other purpose. Nothing in this Section, however, prohibits a bargaining representative from disseminating a list of its union members.

At the time the Office of State Legislative Labor Relations provides such list, it shall also provide to the exclusive representative, in a spreadsheet file or other mutually agreed upon editable digital file format, the employee's job title, work site, work telephone numbers, identification number, if available, and any home and personal cellular telephone numbers on file with the Office of State Legislative Labor Relations, date of hire, work email address, and any personal email address on file with the Office of State Legislative Labor Relations. In addition, unless otherwise mutually agreed, within 10 calendar days from the date of hire of a bargaining unit employee, the Office of State Legislative Labor Relations shall provide to the exclusive representative, in an electronic file or other mutually agreed upon format, the following information about the new employee: the employee's name, job title, work site, home address, work telephone numbers, and any home and personal cellular telephone numbers on file with the Office of State Legislative Labor Relations, date of hire, work email address, and any personal email address on file with the Office of State Legislative Labor Relations.

(d) The Office of State Legislative Labor Relations shall not disclose the following information about any legislative employee, except as provided in subsection (c): (1) the legislative employee's home address (including ZIP code and county); (2) the legislative employee's date of birth; (3) the legislative employee's home and personal phone number; (4) the legislative employee's personal email address; (5) any information personally identifying employee membership or membership status in a labor organization or other voluntary association affiliated with a labor organization or a labor federation (including whether employees are members of such organization, the identity of such organization, whether or not employees pay or authorize the payment of any dues or moneys to such organization, and the amounts of such dues or moneys); and (6) emails or other communications between a labor organization and its members.

As soon as practicable after receiving a request for any information prohibited from disclosure under this subsection (d), excluding a request from the exclusive bargaining representative of the employee, the Office of State Legislative Labor Relations must provide a written copy of the request, or a written summary of any oral request, to the exclusive bargaining representative of the legislative employee or, if no such representative exists, to the legislative employee. The Office of State Legislative Labor Relations must also provide a copy of any response it has made within 5 business days of sending the response to any request.

If the Office of State Legislative Labor Relations discloses information in violation of this subsection (d), an aggrieved legislative employee or the legislative employee's exclusive bargaining representative may file an unfair labor practice charge with the Illinois Labor Relations Board pursuant to Section 50 or commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, if the Office of State Legislative Labor Relations willfully and wantonly discloses information in violation of this subsection. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the Office of State Legislative Labor Relations is located shall have jurisdiction in this matter.

This subsection does not apply to disclosures (i) required under the Freedom of Information Act, (ii) for purposes of conducting public operations or business, or (iii) to the exclusive representative.

(e) On behalf of the General Assembly, the Office of State Legislative Labor Relations shall provide to exclusive representatives, including their agents and employees, reasonable access to legislative employees in the bargaining units they represent. This access shall at all times be conducted in a manner so as not to impede normal operations.

(1) Access includes the following:

(A) the right to meet with one or more employees on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office, during the workday to investigate and discuss grievances and workplace-related complaints without charge to pay or leave time of employees or agents of the exclusive representative;

(B) the right to conduct work site meetings during lunch and other non-work breaks, and before and after the workday, on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office, to discuss collective bargaining negotiations, the administration of collective bargaining agreements, other matters related to the duties of the exclusive representative, and internal matters involving the governance or business of the exclusive representative, without charge to pay or leave time of employees or agents of the exclusive representative;

(C) the right to meet with newly hired legislative employees, without charge to pay or leave time of the employees or agents of the exclusive representative, on the premises of the General Assembly, including, but not limited to, the legislative complex or a district office, or at a location mutually agreed to by the Office of State Legislative Labor Relations and exclusive representative for up to one hour either within the first 2 weeks of employment in the bargaining unit or at a later date and time if mutually agreed upon by the Office of State Legislative Labor Relations and the exclusive representative; and

(D) the right to use the facility mailboxes and bulletin boards on the premises of the General Assembly, including, but not limited to, the legislative complex or district office, to communicate with bargaining unit employees regarding collective bargaining negotiations, the administration of collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative.

(2) Nothing in this Section prohibits the Office of State Legislative Labor Relations and exclusive representative from agreeing in a collective bargaining agreement to provide the exclusive representative greater access to bargaining unit employees, including through the use of the General Assembly's email system.

(f) A labor organization recognized by the Office of State Legislative Labor Relations as the exclusive representative or so designated in accordance with the provisions of this Act is responsible for representing the interests of all legislative employees in the unit. Nothing in this Act shall be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of legislative employees that are unmeritorious.

(g) The General Assembly shall make payroll deductions of labor organization dues, initiation fees, assessments, and other payments for a labor organization that is the exclusive representative. Such deductions shall be made in accordance with the terms of a legislative employee's written authorization, and shall be paid to the exclusive representative. Written authorization may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the legislative employee as provided under Section 5-120 of the Uniform Electronic Transactions Act.

There is no impediment to a legislative employee's right to resign union membership at any time. However, notwithstanding any other provision of law to the contrary regarding authorization and deduction of dues or other payments to a labor organization, the exclusive representative and a legislative employee may agree to reasonable limits on the right of the employee to revoke such authorization, including a period of irrevocability that exceeds one year. An authorization that is irrevocable for one year, which may be automatically renewed for successive annual periods in accordance with the terms of the authorization, and that contains at least an annual 10-day period of time during which the legislative employee may revoke the authorization, shall be deemed reasonable.

This Section applies to all claims that allege that a labor organization or the General Assembly has improperly deducted or collected dues from a legislative employee without regard to whether the claims or the facts upon which they are based occurred before, on, or after the effective date of this Act.

(h) If a collective bargaining agreement is terminated or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement, the General Assembly shall continue to honor and abide by any dues deduction clause contained therein until a new agreement is reached including dues deduction clause. For the benefit of any successor exclusive representative certified under this Act, this provision applies if the successor exclusive representative presents the General Assembly with employee written authorization for the deduction of dues, assessments, and fees under this subsection.

Failure to so honor and abide by dues deduction clauses for the benefit of any exclusive representative, including a successor, is a violation of the duty to bargain and an unfair labor practice.

(i) Upon receiving written notice of authorization, the employing entity of the General Assembly must commence dues deductions as soon as practicable but in no case later than 30 days after receiving notice from the labor organization. Employee deductions shall be transmitted to the labor organization no later than 30 days after they are deducted unless a shorter period is mutually agreed to.

(j) Deductions shall remain in effect until:

(1) the General Assembly receives notice that a legislative employee has revoked the employee's authorization in writing in accordance with the terms of the authorization; or

(2) the individual employee is no longer employed by the General Assembly in a bargaining unit position represented by the same exclusive representative, provided that if the legislative employee is, within a period of one year, employed by the General Assembly in a position represented by the same labor organization, the right to dues deduction shall be automatically reinstated.

Nothing in this subsection prevents an employee from continuing to authorize payroll deductions when no longer represented by the exclusive representative that would receive such deduction.

If the individual employee who has signed a dues deduction authorization card is either removed from the General Assembly's payroll or otherwise placed on any type of involuntary or voluntary leave of absence, whether paid or unpaid, the legislative employee's dues deduction shall be continued upon that employee's return to the payroll in a bargaining unit position represented by the same exclusive representative or restoration to active duty from such a leave of absence.

(k) Unless otherwise mutually agreed by the Office of State Legislative Labor Relations and the exclusive representative, employee requests to authorize, revoke, cancel, or change authorizations for payroll deductions for labor organizations shall be directed to the labor organization rather than to the Office of State Legislative Labor Relations or the General Assembly. The labor organization shall be responsible for initially processing and notifying the Office of State Legislative Labor Relations of proper requests or providing proper requests to the Office of State Legislative Labor Relations. If the requests are not provided to the Office of State Legislative Labor Relations, the Office of State Legislative Labor Relations shall rely on information provided by the labor organization regarding whether deductions for a labor organization were properly authorized, revoked, canceled, or changed, and the labor organization shall indemnify the General Assembly and the Office of State Legislative Labor Relations for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on that information.

(l) Upon receipt by the exclusive representative of an appropriate written authorization from a legislative employee, written notice of authorization shall be provided to the Office of State Legislative Labor Relations and any authorized deductions shall be made in accordance with law by the employing entity of the General Assembly following receipt of a copy of the notice. The labor organization shall indemnify the General Assembly and the Office of State Legislative Labor Relations for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on its notification.

(m) The failure of an employing entity of the General Assembly or the Office of State Legislative Labor Relations to comply with the provisions of this Section is a violation of the duty to bargain and an unfair labor practice. Relief for the violation shall be reimbursement by the General Assembly of dues that should have been deducted or paid based on a valid authorization given by the employee or employees. In addition, the provisions of a collective bargaining agreement that contain the obligations set forth in this Section may be enforced in accordance with Sections 40 and 80.

(n) The Illinois Labor Relations Board shall have exclusive jurisdiction over claims under Illinois law that allege that a labor organization has unlawfully collected dues from a legislative employee in violation of this Act. The Board shall, by rule, require that in cases in which a legislative employee alleges that a labor organization has unlawfully collected dues, the employing entity of the General Assembly shall continue to deduct the employee's dues from the employee's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. If the exclusive representative maintains an escrow account for the purpose of holding dues to which an employee has objected, the employing entity of the General Assembly shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold in escrow the dues that the employing entity would otherwise have been required to transmit to the Board for escrow; provided that the escrow account maintained by the exclusive representative complies with rules adopted by the Board or that the collective bargaining agreement requiring the payment of the dues contains an indemnification provision for the purpose of indemnifying the General Assembly and the Office of State Legislative Labor Relations with respect to their transmission of dues to the exclusive representative.

(o) If any clause, sentence, paragraph, or subparagraph of this Section shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or subparagraph of this Section directly involved in the controversy in which that judgment shall have been rendered.

If any clause, sentence, paragraph, or part of a signed authorization for payroll deductions shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder of the signed authorization, but shall be confined in its operation to the clause, sentence, paragraph, or part of the signed authorization directly involved in the controversy in which that judgment shall have been rendered.

Section 35. Duty to bargain. The Office of State Legislative Labor Relations and the exclusive representative have the authority and the duty to bargain collectively as set forth in this Section.

As used in this Act, "to bargain collectively" means the performance of the mutual obligation of the Office of State Legislative Labor Relations and the representative of the legislative employees to meet at reasonable times, including meetings in advance of the budget-making process, and to negotiate in good faith with respect to wages, hours, and other conditions of employment, not excluded by Section 15, or the negotiation of an agreement, or any question arising thereunder and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

The duty "to bargain collectively" also includes an obligation to negotiate over any matter with respect to wages, hours, and other conditions of employment, not specifically provided for in any other law or not specifically in violation of the provisions of any law. If any other law pertains, in part, to a matter affecting the wages, hours, and other conditions of employment, such other law shall not be construed as limiting the duty "to bargain collectively" and to enter into collective bargaining agreements containing clauses that either supplement, implement, or relate to the effect of such provisions in other laws.

The duty "to bargain collectively" also includes negotiations as to the terms of a collective bargaining agreement. The parties may, by mutual agreement, provide for arbitration of impasses resulting from their inability to agree upon wages, hours, and terms and conditions of employment to be included in a collective bargaining agreement. Such arbitration provisions shall be subject to the Uniform Arbitration Act unless agreed by the parties.

The duty "to bargain collectively" also means that no party to a collective bargaining agreement shall terminate or modify such contract, unless the party desiring such termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.

The duties imposed by paragraphs (2), (3), and (4) shall become inapplicable upon an intervening certification of the Board, under which the labor organization, which is a party to the contract, has been superseded as or ceased to be the exclusive representative of the employees pursuant to the provisions of subsection (a) of Section 45, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract.

Section 40. Grievance Procedure. A collective bargaining agreement negotiated between the Office of State Legislative Labor Relations and the exclusive representative shall contain a grievance resolution procedure that shall apply to all legislative employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any agreement containing a final and binding arbitration provision shall also contain a provision prohibiting strikes for the duration of the agreement. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Uniform Arbitration Act. The costs of such arbitration shall be borne equally by the Office of State Legislative Labor Relations and the employee organization.

Section 45. Elections; recognition.

(a) Whenever in accordance with such regulations as may be prescribed by the Board a petition has been filed:

(1) by a legislative employee or group of legislative employees or any labor organization acting on their behalf, demonstrating that 30% of the legislative employees in an appropriate unit (A) wish to be represented for the purposes of collective bargaining by a labor organization as exclusive representative or (B) asserting that the labor organization that has been certified or is currently recognized by the Office of State Legislative Labor Relations as bargaining representative is no longer the representative of the majority of legislative employees in the unit; or

(2) by the Office of State Legislative Labor Relations on behalf of the General Assembly alleging that one or more labor organizations have presented to it a claim that they be recognized as the representative of a majority of the legislative employees in an appropriate unit, the Board shall investigate such petition, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing shall be held at the offices of the Board or such other location as the Board deems appropriate. If the Board finds upon the record of the hearing that a question of representation exists, it shall direct an election in accordance with subsection (d) of this Section, which election shall be held not later than 120 days after the date the petition was filed regardless of whether that petition was filed before or after the effective date of this Act; however, the Board may extend the time for holding an election by an additional 60 days if, upon motion by a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing, or upon the Board's own motion, the Board finds that good cause has been shown for extending the election date. Nothing in this Section prohibits the Board, in its discretion, from extending the time for holding an election for so long as may be necessary under the circumstances, where the purpose for such extension is to permit resolution by the Board of an unfair labor practice charge filed by one of the parties to a representational proceeding against the other based upon conduct that may either affect the existence of a question concerning representation or have a tendency to interfere with a fair and free election, where the party filing the charge has not filed a request to proceed with the election; and provided further that prior to the expiration of the total time allotted for holding an election, a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing or the Board, may move for and obtain the entry of an order in the circuit court of the county in which the majority of the legislative employees sought to be represented by such person reside, such order extending the date upon which the election shall be held. Such order shall be issued by the circuit court only upon a judicial finding that there has been a sufficient showing that there is good cause to extend the election date beyond such period and shall require the Board to hold the election as soon as is feasible given the totality of the circumstances. Such 120-day period may be extended one or more times by the agreement of all parties to the hearing to a date certain without the necessity of obtaining a court order. The showing of interest in support of a petition filed under paragraph (1) of this subsection (a) may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Electronic Commerce Security Act. The showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. Nothing in this Section prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules of the Board or an election in a unit agreed upon by the parties. Other interested employee organizations may intervene in the proceedings in the manner and within the time period specified by rules of the Board. Interested parties who are necessary to the proceedings may also intervene in the proceedings in the manner and within the time period specified by the rules of the Board.

(b) A labor organization or the Office of State Legislative Labor Relations on behalf of the General Assembly may file a unit clarification petition seeking to clarify an existing bargaining unit. Unit clarification petitions may be filed if: (1) substantial changes occur in the duties and functions of an existing job title, raising an issue as to the title's unit placement; (2) an existing job title that is logically encompassed within the existing unit was inadvertently excluded by the parties at the time the unit was established; (3) a newly created job title is logically encompassed within an existing unit; (4) a significant change takes place in statutory or case law that affects the bargaining rights of employees; (5) a determination needs to be made as to the unit placement of positions in dispute following a certification of representative issued following a direction of election under subsection (d); (6) the parties have agreed to eliminate a position or title because the General Assembly no longer uses it; (7) the parties have agreed to exclude some of the positions in a title or classification from a bargaining unit and include others; or (8) as prescribed in rules set by the Board. The Board shall conclude its investigation, including any hearing process deemed necessary, and issue a certification of clarified unit or dismiss the petition not later than 120 days after the date the petition was filed. The 120-day period may be extended one or more times by the agreement of all parties to a hearing to a date certain.

(c) The Board shall decide in each case, in order to assure legislative employees the fullest freedom in exercising the rights guaranteed by this Act, a unit appropriate for the purpose of collective bargaining, based upon, but not limited to, such factors as: historical pattern of recognition; community of interest including employee skills and functions; degree of functional integration; interchangeability and contact among employees; fragmentation of employee groups; common supervision, wages, hours, and other working conditions of the employees involved; and the desires of the employees. For purposes of this subsection, fragmentation shall not be the sole or predominant factor used by the Board in determining an appropriate bargaining unit. A single bargaining unit determined by the Board may not include both supervisors and nonsupervisors.

In cases involving a historical pattern of recognition, and in cases where the General Assembly has recognized the union as the sole and exclusive bargaining agent for a specified existing unit, the Board shall find the employees in the unit then represented by the union pursuant to the recognition to be the appropriate unit.

The Board shall not decide that any unit is appropriate if such unit includes both professional employees and nonprofessional employees, unless a majority of each group votes for inclusion in such unit.

(d) If the Office of State Legislative Labor Relations does not voluntarily recognize a labor organization as the exclusive bargaining representative for a unit of legislative employees, the Board shall determine the majority representative of the legislative employees in an appropriate collective bargaining unit by conducting a secret ballot election. Such a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems. Within 7 days after the Board issues its bargaining unit determination and direction of election or the execution of a stipulation for the purpose of a consent election, the Office of State Legislative Labor Relations shall submit to the labor organization the complete names and addresses of those employees who are determined by the Board to be eligible to participate in the election. When the Board has determined that a labor organization has been fairly and freely chosen by a majority of legislative employees in an appropriate unit, it shall certify such organization as the exclusive representative. If the Board determines that a majority of employees in an appropriate unit has fairly and freely chosen not to be represented by a labor organization, it shall so certify. The Board may also revoke the certification of the legislative employee organizations as exclusive bargaining representatives which have been found by a secret ballot election to be no longer the majority representative.

(e) The Board shall not conduct an election in any bargaining unit or any subdivision thereof within which a valid election has been held in the preceding 12-month period. The Board shall determine who is eligible to vote in an election and shall establish rules governing the conduct of the election or conduct affecting the results of the election. The Board shall include on a ballot in a representation election a choice of "no representation". A labor organization currently representing the bargaining unit of legislative employees shall be placed on the ballot in any representation election. In any election where none of the choices on the ballot receives a majority, a runoff election shall be conducted between the 2 choices receiving the largest number of valid votes cast in the election. A labor organization which receives a majority of the votes cast in an election shall be certified by the Board as exclusive representative of all legislative employees in the unit.

(f) A labor organization shall be designated as the exclusive representative by the Office of State Legislative Labor Relations on behalf of the General Assembly, provided that the labor organization represents a majority of the legislative employees in an appropriate unit. Any employee organization that is designated or selected by the majority of legislative employees, in a unit of the General Assembly having no other recognized or certified representative, as their representative for purposes of collective bargaining may request recognition by the Office of State Legislative Labor Relations on behalf of the General Assembly in writing. The Office of State Legislative Labor Relations on behalf of the General Assembly shall post such request for a period of at least 20 days following its receipt thereof on bulletin boards or other places used or reserved for employee notices.

(g) Within the 20-day period any other interested employee organization may petition the Board in the manner specified by rules of the Board, provided that such interested employee organization has been designated by at least 10% of the employees in an appropriate bargaining unit which includes all or some of the employees in the unit recognized by the Office of State Legislative Labor Relations. In such event, the Board shall proceed with the petition in the same manner as provided by paragraph (1) of subsection (a) of this Section.

(h) No election shall be directed by the Board in any bargaining unit where there is in force a valid collective bargaining agreement. The Board, however, may process an election petition filed between 90 and 60 days prior to the expiration of the date of an agreement, and may further refine, by rule or decision, the implementation of this provision. Where more than 4 years have elapsed since the effective date of the agreement, the agreement shall continue to bar an election, except that the Board may process an election petition filed between 90 and 60 days prior to the end of the fifth year of such an agreement, and between 90 and 60 days prior to the end of each successive year of such agreement.

(i) An order of the Board dismissing a representation petition, determining and certifying that a labor organization has been fairly and freely chosen by a majority of employees in an appropriate bargaining unit, or determining and certifying that a labor organization has not been fairly and freely chosen by a majority of employees in the bargaining unit is a final order. Any person aggrieved by any such order issued on or after the effective date of this Act may apply for and obtain judicial review in accordance with the Administrative Review Law, as now or hereafter amended, except that such review shall be afforded directly in the Appellate Court for the district in which the aggrieved party resides or transacts business. Any direct appeal to the Appellate Court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

Section 50. Unfair labor practices.

(a) It is an unfair labor practice for the General Assembly or its agents, including, but not limited to, the Office of State Legislative Labor Relations:

(1) to interfere with, restrain, or coerce legislative employees in the exercise of the rights guaranteed in this Act or to dominate or interfere with the formation, existence, or administration of any labor organization or contribute financial or other support to it; provided, the General Assembly shall not be prohibited from permitting employees to confer with their exclusive bargaining representative during working hours without loss of time or pay;

(2) to discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in or other support for any labor organization;

(3) to discharge or otherwise discriminate against a legislative employee because the legislative employee has signed or filed an affidavit, petition, or charge or provided any information or testimony under this Act;

(4) to refuse to bargain collectively in good faith with a labor organization that is the exclusive representative of legislative employees in an appropriate unit, including, but not limited to, the discussing of grievances with the exclusive representative;

(5) to violate any of the rules established by the Board with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;

(6) to expend or cause the expenditure of public funds to any external agent, individual, firm, agency, partnership, or association in any attempt to influence the outcome of representational elections held pursuant to Section 45; provided that nothing in this subsection shall be construed to limit the General Assembly's right to internally communicate with its employees as provided in subsection (c) of this Section, to be represented on any matter pertaining to unit determinations, unfair labor practice charges or pre-election conferences in any formal or informal proceeding before the Board, or to seek or obtain advice from legal counsel or the Office of State Legislative Labor Relations. Nothing in this paragraph shall be construed to prohibit the General Assembly from expending or causing the expenditure of public funds on, or seeking or obtaining services or advice from, any organization, group, or association established by and including public or educational employers, whether covered by this Act, the Illinois Public Labor Relations Act, the Illinois Educational Labor Relations Act or the public employment labor relations law of any other state or the federal government, provided that such services or advice are generally available to the membership of the organization, group, or association, and are not offered solely in an attempt to influence the outcome of a particular representational election;

(7) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement;

(8) to interfere with, restrain, coerce, deter, or discourage legislative employees or applicants to be legislative employees from: (i) becoming or remaining members of a labor organization; (ii) authorizing representation by a labor organization; or (iii) authorizing dues or fee deductions to a labor organization, nor shall the General Assembly intentionally permit outside third parties to use its email or other communication systems to engage in that conduct. The General Assembly's good faith implementation of a policy to block the use of its email or other communication systems for such purposes shall be a defense to an unfair labor practice;

(9) to disclose to any person or entity information set forth in subsection (d) of Section 30 that the General Assembly knows or should know will be used to interfere with, restrain, coerce, deter, or discourage any legislative employee from: (i) becoming or remaining members of a labor organization, (ii) authorizing representation by a labor organization, or (iii) authorizing dues or fee deductions to a labor organization; or

(10) to promise, threaten, or take any action: (i) to permanently replace an employee who participates in a lawful strike as provided under Section 80; (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a lawful strike; or (iii) to lock out, suspend, or otherwise withhold employment from an employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a lawful strike.

(b) It shall be an unfair labor practice for a labor organization or its agents:

(1) to restrain or coerce legislative employees in the exercise of the rights guaranteed in this Act; however, (i) this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein and (ii) a labor organization or its agents shall commit an unfair labor practice under this paragraph in duty of fair representation cases only by intentional misconduct in representing legislative employees under this Act;

(2) to restrain or coerce the General Assembly or the Office of State Legislative Labor Relations in the selection of its representatives for the purposes of collective bargaining or the settlement of grievances;

(3) to cause, or attempt to cause, the General Assembly to discriminate against an employee in violation of paragraph (2) of subsection (a);

(4) to refuse to bargain collectively in good faith with the Office of State Legislative Labor Relations on behalf of the General Assembly, if it has been designated in accordance with the provisions of this Act as the exclusive representative of legislative employees in an appropriate unit;

(5) to violate any of the rules established by the Board with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;

(6) to discriminate against any legislative employee because the employee has signed or filed an affidavit, petition, or charge or provided any information or testimony under this Act;

(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, the General Assembly where an object thereof is forcing or requiring the General Assembly to recognize or bargain with a labor organization of the representative of its employees, or forcing or requiring legislative employees to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(A) where the Office of State Legislative Labor Relations has lawfully recognized in accordance with this Act any labor organization and a question concerning representation may not appropriately be raised under Section 45;

(B) where within the preceding 12 months a valid election under Section 45 has been conducted; or

(C) where such picketing has been conducted without a petition under Section 45 being filed within a reasonable period of time not to exceed 30 days from the commencement of such picketing; provided that when such a petition has been filed the Board shall forthwith, without regard to the provisions of subsection (a) of Section 45 or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof; provided further, that nothing in this subparagraph shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public that the General Assembly does not employ members of, or have a contract with, a labor organization unless an effect of such picketing is to induce any individual employed by any other person in the course of the individual's employment, not to pick up, deliver, or transport any goods or not to perform any services;

(8) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement; or

(9) to strike or cause a strike in any month in which one or more legislative session days are scheduled or to interfere in any other way with the essential operation of the General Assembly.

(c) The expressing of any views, argument, or opinion or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit.

(d) The General Assembly shall not discourage legislative employees or applicants to become legislative employees from becoming or remaining union members or authorizing dues deductions, and shall not otherwise interfere with the relationship between legislative employees and their exclusive bargaining representative. The General Assembly shall refer all inquiries about union membership to the exclusive bargaining representative, except that the General Assembly may communicate with legislative employees regarding payroll processes and procedures. The General Assembly will establish email policies in an effort to prohibit the use of its email system by outside sources.

Section 55. Unfair labor practice procedures. Unfair labor practices may be dealt with by the Board in the following manner:

(a) Whenever it is charged that any person has engaged in or is engaging in any unfair labor practice under this Act, the Board or any agent designated by the Board for such purposes, shall conduct an investigation of the charge. If after such investigation the Board finds that the charge involves a dispositive issue of law or fact, the Board shall issue a complaint and cause to be served upon the person a complaint stating the charges, accompanied by a notice of hearing before the Board or a member thereof designated by the Board, or before a qualified hearing officer designated by the Board at the offices of the Board or such other location as the Board deems appropriate, not less than 5 days after serving of such complaint provided that no complaint shall issue based upon any unfair labor practice occurring more than 6 months before the filing of a charge with the Board and the service of a copy thereof upon the person against whom the charge is made, unless the person aggrieved thereby did not reasonably have knowledge of the alleged unfair labor practice or was prevented from filing such a charge by reason of service in the armed forces, in which event the 6-month period shall be computed from the date of discharge. Any such complaint may be amended by the member or hearing officer conducting the hearing for the Board in the member's or hearing officer's discretion at any time prior to the issuance of an order based thereon. The person who is the subject of the complaint has the right to file an answer to the original or amended complaint and to appear in person or by a representative and give testimony at the place and time fixed in the complaint. In the discretion of the member or hearing officer conducting the hearing or the Board, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing conducted by the Board, neither the Board nor the member or agent conducting the hearing shall be bound by the rules of evidence applicable to courts, except as to the rules of privilege recognized by law.

(b) The Board shall have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers, and records pursuant to the issuance of a subpoena by the Board, then the Board may apply to a court of competent jurisdiction to request that such party be ordered to appear before the Board to testify or produce the requested evidence.

(c) Any testimony taken by the Board, or a member designated by the Board or a hearing officer thereof, must be reduced to writing and filed with the Board. A full and complete record shall be kept of all proceedings before the Board, and all proceedings shall be transcribed by a reporter appointed by the Board. The party on whom the burden of proof rests shall be required to sustain such burden by a preponderance of the evidence. If, upon a preponderance of the evidence taken, the Board is of the opinion that any person named in the charge has engaged in or is engaging in an unfair labor practice, then it shall state its findings of fact and shall issue and cause to be served upon the person an order requiring the person to cease and desist from the unfair labor practice, and to take such affirmative action, including reinstatement of legislative employees with or without back pay, as will effectuate the policies of this Act. If the Board awards back pay, it shall also award interest at the rate of 7% per annum. The Board's order may further require the person to make reports from time to time, and demonstrate the extent to which he has complied with the order. If there is no preponderance of evidence to indicate to the Board that the person named in the charge has engaged in or is engaging in the unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the complaint. The Board's order may in its discretion also include an appropriate sanction, based on the Board's rules, and the sanction may include an order to pay the other party or parties' reasonable expenses including costs and reasonable attorney's fee, if the other party has made allegations or denials without reasonable cause and found to be untrue or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation; the State of Illinois or any agency thereof shall be subject to the provisions of this sentence in the same manner as any other party.

(d) Until the record in a case has been filed in court, the Board, at any time, upon reasonable notice and in such manner as it deems proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.

(e) A charging party or any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may apply for and obtain judicial review of an order of the Board entered under this Act, in accordance with the provisions of the Administrative Review Law, as now or hereafter amended, except that such judicial review shall be afforded directly in the Appellate Court for the district in which the aggrieved party resides or transacts business, and provided, that such judicial review shall not be available for the purpose of challenging a final order issued by the Board pursuant to Section 45 for which judicial review has been petitioned pursuant to subsection (i) of Section 45. Any direct appeal to the Appellate Court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. The filing of such an appeal to the Appellate Court shall not automatically stay the enforcement of the Board's order. An aggrieved party may apply to the Appellate Court for a stay of the enforcement of the Board's order after the aggrieved party has followed the procedure prescribed by Supreme Court Rule 335. The Board in proceedings under this Section may obtain an order of the court for the enforcement of its order.

(f) Whenever it appears that any person has violated a final order of the Board issued pursuant to this Section, the Board must commence an action in the name of the People of the State of Illinois by petition, alleging the violation, attaching a copy of the order of the Board, and praying for the issuance of an order directing the person and the person's officers, agents, servants, successors, and assigns to comply with the order of the Board. The Board shall be represented in this action by the Attorney General in accordance with the Attorney General Act. The court may grant or refuse, in whole or in part, the relief sought, provided that the court may stay an order of the Board in accordance with the Administrative Review Law, pending disposition of the proceedings. The court may punish a violation of its order as in civil contempt.

(g) The proceedings provided in paragraph (f) of this Section shall be commenced in the Appellate Court for the district where the unfair labor practice which is the subject of the Board's order was committed, or where a person required to cease and desist by such order resides or transacts business.

(h) The Board through the Attorney General, shall have power, upon issuance of an unfair labor practice complaint alleging that a person has engaged in or is engaging in an unfair labor practice, to petition the circuit court where the alleged unfair labor practice which is the subject of the Board's complaint was allegedly committed, or where a person required to cease and desist from such alleged unfair labor practice resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any such petition, the court shall cause notice thereof to be served upon such persons, and thereupon shall have jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper.

(i) If an unfair labor practice charge involves the interpretation or application of a collective bargaining agreement and said agreement contains a grievance procedure with binding arbitration as its terminal step, the Board may defer the resolution of such dispute to the grievance and arbitration procedure contained in said agreement.

Section 60. Mediation.

(a) The services of the mediators listed on the Public Employees Mediation Roster established under Section 12 of the Illinois Public Labor Relations Act shall be available to the Office of State Legislative Labor Relations and to labor organizations upon request of the parties for the purposes of mediation of grievances or contract disputes. Upon the request of either party, services of the Public Employees Mediation Roster shall be available for purposes of arbitrating disputes over interpretation or application of the terms of an agreement pursuant to Section 40. The function of the mediator shall be to communicate with the Office of State Legislative Labor Relations and exclusive representative or their representatives and to endeavor to bring about an amicable and voluntary settlement. Compensation of Roster members for services performed as mediators under this Act shall be paid equally by the parties to a mediated labor dispute.

(b) A mediator in a mediated labor dispute shall be selected by the Board from among the members of the Roster.

(c) Nothing in this Act or any other law prohibits the use of other mediators selected by the parties for the resolution of disputes over interpretation or application of the terms or conditions of the collective bargaining agreements between the General Assembly and a labor organization.

(d) If requested by the parties to a labor dispute, a mediator may perform fact-finding as set forth in Section 65.

Section 65. Fact-finding.

(a) If, after a reasonable period of negotiation over the terms of the agreement or upon expiration of an existing collective bargaining agreement, the parties have not been able to mutually resolve the dispute, the parties may, by mutual consent, initiate a fact-finding.

(b) Within 3 days of such request the Board must submit to the parties a panel of 7 qualified, disinterested persons from the Illinois Public Employees Mediation Roster to serve as a fact-finder. The parties to the dispute shall designate one of the 7 persons to serve as fact-finder. The fact-finder must act independently of the Board and may be the same person who participated in the mediation of the labor dispute if both parties consent. The person selected or appointed as fact-finder shall immediately establish the dates and place of hearings. Upon request, the Board shall schedule hearings to be conducted by the fact-finder. The fact-finder may administer oaths. The fact-finder shall initially determine what issues are in dispute and therefore properly before the fact-finder. Upon completion of the hearings, but no later than 45 days from the date of appointment, the fact-finder must make written findings of facts and recommendations for resolution of the dispute, must serve findings on the General Assembly and the labor organization involved, and must publicize such findings by mailing them to all newspapers of general circulation in the community. The fact-finder's findings shall be advisory only and shall not be binding upon the parties. If the parties do not accept the recommendations of the fact-finder as the basis for settlement, or if the fact-finder does not make written findings of facts and recommendations for the resolution of the dispute and serve and publicize such findings within 45 days of the date of appointment, the parties may resume negotiations.

(c) The Office of State Legislative Labor Relations and the labor organization that is certified as exclusive representative or which is recognized as exclusive representative in any particular bargaining unit by the State or political subdivision are the only proper parties to the fact-finding proceedings.

Section 70. Act takes precedence.

(a) In case of any conflict between the provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by Public Act 96-889), executive order, or administrative regulation relating to wages, hours, and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971.

(b) Except as provided in subsection (a), any collective bargaining agreement between the General Assembly and a labor organization executed pursuant to this Act shall supersede any contrary statutes, charters, ordinances, rules, or regulations relating to wages, hours, and conditions of employment and employment relations adopted by the General Assembly or its agents.

Section 75. Exhaustion of nonjudicial remedies. After the exhaustion of any procedures mandated by a collective bargaining agreement, suits for violation of agreements between the General Assembly and a labor organization representing legislative employees may be brought by the parties to such agreement in the circuit court of Cook County or Sangamon County.

Section 80. Right to strike.

(a) Nothing in this Act makes it unlawful or makes it an unfair labor practice for legislative employees to strike except as otherwise provided in this Act. Legislative employees who are permitted to strike may strike only if:

(1) the employees are represented by an exclusive bargaining representative;

(2) the collective bargaining agreement entered into on behalf of the General Assembly and the legislative employees, if any, has expired, or such collective bargaining agreement does not prohibit the strike;

(3) the exclusive representative has requested a mediator pursuant to Section 60 for the purpose of mediation or conciliation of a dispute between the General Assembly and the exclusive representative and mediation has been used;

(4) the strike does not occur in any month in which one or more legislative session days are scheduled and does not otherwise interfere with the essential operation of the General Assembly; and

(5) at least 5 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the Office of State Legislative Labor Relations.

In mediation under this Section, if either party requests the use of mediation services from the Federal Mediation and Conciliation Service, the other party shall either join in such request or bear the additional cost of mediation services from another source. As used in this Section, "legislative session day" does not include a day that is solely a perfunctory session day or a day when only a legislative committee is meeting.

(b) A legislative employee who participates in a strike, a work stoppage, or a work slowdown against the General Assembly, in violation of this Section shall be subject to discipline by the employing entity of the General Assembly.

Section 85. Prohibitions. Nothing in this Act shall be construed to require an individual legislative employee to render labor or service without the legislative employee's consent; nor shall anything in this Act be construed to make the quitting of employment by an individual legislative employee an illegal act; nor shall any court issue any process to compel the performance by an individual legislative employee of such labor or service, without the employee's consent; nor shall the quitting of labor by a legislative employee or legislative employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee be deemed a strike under this Act.

Section 90. Multiyear collective bargaining agreements. Subject to the appropriation power of the General Assembly, the Office of State Legislative Labor Relations and exclusive representatives may negotiate multiyear collective bargaining agreements pursuant to the provisions of this Act.

Section 95. Meetings. The provisions of the Open Meetings Act do not apply to collective bargaining negotiations and grievance arbitration conducted pursuant to this Act.

Section 100. Waiver of sovereign immunity. For purposes of this Act, the State of Illinois waives sovereign immunity.

Section 105. Application of Labor Dispute Act. The provisions of the Labor Dispute Act apply.

Section 900. The Criminal Code of 2012 is amended by changing Section 33G-4 as follows:

(720 ILCS 5/33G-4)

(Section scheduled to be repealed on June 1, 2025)

Sec. 33G-4. Prohibited activities.

(a) It is unlawful for any person, who intentionally participates in the operation or management of an enterprise, directly or indirectly, to:

(1) knowingly do so, directly or indirectly, through a pattern of predicate activity;

(2) knowingly cause another to violate this Article; or

(3) knowingly conspire to violate this Article.

Notwithstanding any other provision of law, in any prosecution for a conspiracy to violate this Article, no person may be convicted of that conspiracy unless an overt act in furtherance of the agreement is alleged and proved to have been committed by him, her, or by a coconspirator, but the commission of the overt act need not itself constitute predicate activity underlying the specific violation of this Article.

(b) It is unlawful for any person knowingly to acquire or maintain, directly or indirectly, through a pattern of predicate activity any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money.

(c) Nothing in this Article shall be construed as to make unlawful any activity which is arguably protected or prohibited by the National Labor Relations Act, the Illinois Educational Labor Relations Act, the Legislative Employee Labor Relations Act, the Illinois Public Labor Relations Act, or the Railway Labor Act.

(d) The following organizations, and any officer or agent of those organizations acting in his or her official capacity as an officer or agent, may not be sued in civil actions under this Article:

(1) a labor organization; or

(2) any business defined in Division D, E, F, G, H, or I of the Standard Industrial Classification as established by the Occupational Safety and Health Administration, U.S. Department of Labor.

(e) Any person prosecuted under this Article may be convicted and sentenced either:

(1) for the offense of conspiring to violate this Article, and for any other particular offense or offenses that may be one of the objects of a conspiracy to violate this Article; or

(2) for the offense of violating this Article, and for any other particular offense or offenses that may constitute predicate activity underlying a violation of this Article.

(f) The State's Attorney, or a person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article. Prior to any State's Attorney authorizing a criminal prosecution under this Article, the State's Attorney shall adopt rules and procedures governing the investigation and prosecution of any offense enumerated in this Article. These rules and procedures shall set forth guidelines which require that any potential prosecution under this Article be subject to an internal approval process in which it is determined, in a written prosecution memorandum prepared by the State's Attorney's Office, that (1) a prosecution under this Article is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying predicate activity would not, and (2) a prosecution under this Article would provide the basis for an appropriate sentence under all the circumstances of the case in a way that a prosecution only on the underlying predicate activity would not. No State's Attorney, or person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article prior to reviewing the prepared written prosecution memorandum. However, any internal memorandum shall remain protected from disclosure under the attorney-client privilege, and this provision does not create any enforceable right on behalf of any defendant or party, nor does it subject the exercise of prosecutorial discretion to judicial review.

(g) A labor organization and any officer or agent of that organization acting in his or her capacity as an officer or agent of the labor organization are exempt from prosecution under this Article.

(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)

Section 905. The State Lawsuit Immunity Act is amended by changing Section 1 as follows:

(745 ILCS 5/1) (from Ch. 127, par. 801)

Sec. 1. Except as provided in the Illinois Public Labor Relations Act, the Legislative Employee Labor Relations Act, the Court of Claims Act, the State Officials and Employees Ethics Act, and Section 1.5 of this Act, the State of Illinois shall not be made a defendant or party in any court.

(Source: P.A. 97-618, eff. 10-26-11.)

Section 910. The Workplace Violence Prevention Act is amended by changing Section 120 as follows:

(820 ILCS 275/120)

Sec. 120. Exemptions.

(a) The court may not enter a workplace protection restraining order that enjoins the following activities:

(1) lawful monitoring of compliance with public or worker safety laws, wage and hour requirements, or other statutory workplace requirements;

(2) lawful picketing, patrolling, using a banner, or other lawful protesting at the workplace which arises out of a bona fide labor dispute; and

(3) engaging in concerted and protected activities as defined in applicable labor law.

(b) As used in this Section, "bona fide labor dispute" means any activity recognized as a labor dispute by the National Labor Relations Act, the Illinois Public Labor Relations Act, the Legislative Employee Labor Relations Act, or the Illinois Educational Labor Relations Act, and includes a controversy concerning: wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions; the terms to be included in collective bargaining agreements; and the making, maintaining, administering, and filing of protests or grievances under a collective bargaining agreement.

(Source: P.A. 98-766, eff. 7-16-14.)

Section 995. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect July 1, 2026, except that this Section and Section 25 take effect on July 1, 2025.