|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1369
Introduced 02/09/05, by Rep. Larry McKeon SYNOPSIS AS INTRODUCED: |
|
5 ILCS 315/9 |
from Ch. 48, par. 1609 |
5 ILCS 315/20 |
from Ch. 48, par. 1620 |
|
Amends the Illinois Public Labor Relations Act. Provides that for a unit of
local government employing 2 or more employees a petition or request for
recognition may be filed demonstrating that 75% or more of the employees wish
to be exclusively represented in collective bargaining by a labor
organization. Provides that the Illinois State Labor Relations Board shall
investigate and process the petition or request for recognition according to
Board rules. Includes these petitions or requests within the application of
the Act. Effective July 1, 2005.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB1369 |
|
LRB094 07319 JAM 37477 b |
|
|
1 |
| AN ACT concerning public labor relations.
|
2 |
| Be it enacted by the People of the State of Illinois, |
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Public Labor Relations Act is |
5 |
| amended by changing
Sections 9 and 20 as follows:
|
6 |
| (5 ILCS 315/9) (from Ch. 48, par. 1609)
|
7 |
| Sec. 9. Elections; recognition.
|
8 |
| (a) Whenever in accordance with such
regulations as may be |
9 |
| prescribed by the Board a petition has been filed:
|
10 |
| (1) by a public employee or group of public employees |
11 |
| or any labor
organization acting in their behalf |
12 |
| demonstrating that 30% of the public
employees in an |
13 |
| appropriate unit (A) wish to be represented for the
|
14 |
| purposes of collective bargaining by a labor organization |
15 |
| as exclusive
representative, or (B) asserting that the |
16 |
| labor organization which has been
certified or is currently |
17 |
| recognized by the public employer as bargaining
|
18 |
| representative is no longer the representative of the |
19 |
| majority of public
employees in the unit; or
|
20 |
| (2) by a public employer alleging that one or more |
21 |
| labor organizations
have presented to it a claim that they |
22 |
| be recognized as the representative
of a majority of the |
23 |
| public employees in an appropriate unit,
|
24 |
| the Board
shall investigate such petition, and if it has |
25 |
| reasonable cause to believe
that a question of representation |
26 |
| exists, shall provide for an appropriate
hearing upon due |
27 |
| notice. Such hearing shall be held at the offices of
the Board |
28 |
| or such other location as the Board deems appropriate.
If it |
29 |
| finds upon the record of the hearing that a question of
|
30 |
| representation exists, it shall direct an election in |
31 |
| accordance with
subsection (d) of this Section, which election |
32 |
| shall be held not later than
120 days after the date the |
|
|
|
HB1369 |
- 2 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| petition was filed regardless of whether that
petition was |
2 |
| filed before or after the effective date of this amendatory
Act |
3 |
| of 1987; provided, however, the Board may extend the time for |
4 |
| holding an
election by an additional 60 days if, upon motion by |
5 |
| a person who has filed
a petition under this Section or is the |
6 |
| subject of a petition filed under
this Section and is a party |
7 |
| to such hearing, or upon the Board's own
motion, the Board |
8 |
| finds that good cause has been shown for extending the
election |
9 |
| date; provided further, that nothing in this Section shall |
10 |
| prohibit
the Board, in its discretion, from extending the time |
11 |
| for holding an
election for so long as may be necessary under |
12 |
| the circumstances, where the
purpose for such extension is to |
13 |
| permit resolution by the Board of an
unfair labor practice |
14 |
| charge filed by one of the parties to a
representational |
15 |
| proceeding against the other based upon conduct which may
|
16 |
| either affect the existence of a question concerning |
17 |
| representation or have
a tendency to interfere with a fair and |
18 |
| free election, where the party
filing the charge has not filed |
19 |
| a request to proceed with the election; and
provided further |
20 |
| that prior to the expiration of the total time allotted
for |
21 |
| holding an election, a person who has filed a petition under |
22 |
| this
Section or is the subject of a petition filed under this |
23 |
| Section and is a
party to such hearing or the Board, may move |
24 |
| for and obtain the entry
of an order in the circuit court of |
25 |
| the county in which the majority of the
public employees sought |
26 |
| to be represented by such person reside, such order
extending |
27 |
| the date upon which the election shall be held. Such order |
28 |
| shall
be issued by the circuit court only upon a judicial |
29 |
| finding that there has
been a sufficient showing that there is |
30 |
| good cause to extend the election
date beyond such period and |
31 |
| shall require the Board to hold the
election as soon as is |
32 |
| feasible given the totality of the circumstances.
Such 120 day |
33 |
| period may be extended one or more times by the agreement
of |
34 |
| all parties to the hearing to a date certain without the |
35 |
| necessity of
obtaining a court order. Nothing in this Section |
36 |
| prohibits the waiving
of hearings by stipulation for the |
|
|
|
HB1369 |
- 3 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| purpose of a consent election in conformity
with the rules and |
2 |
| regulations of the Board or an election in a unit agreed
upon |
3 |
| by the parties. Other interested employee organizations may |
4 |
| intervene
in the proceedings in the manner and within the time |
5 |
| period specified by
rules and regulations of the Board. |
6 |
| Interested parties who are necessary
to the proceedings may |
7 |
| also intervene in the proceedings in the manner and
within the |
8 |
| time period specified by the rules and regulations of the |
9 |
| Board.
|
10 |
| (a-5) The Board shall designate an exclusive |
11 |
| representative for purposes
of
collective bargaining when the |
12 |
| representative demonstrates a showing of
majority interest by |
13 |
| employees in the unit. If the parties to a dispute are
without
|
14 |
| agreement on the means to ascertain the choice, if any, of |
15 |
| employee
organization
as their representative, the Board shall |
16 |
| ascertain the employees' choice of
employee organization, on |
17 |
| the basis of dues deduction authorization and other
evidence, |
18 |
| or, if necessary, by conducting an election. If either party |
19 |
| provides
to the Board, before the designation of a |
20 |
| representative, clear and convincing
evidence that the dues |
21 |
| deduction authorizations, and other evidence upon which
the |
22 |
| Board would otherwise rely to ascertain the employees' choice |
23 |
| of
representative, are fraudulent or were obtained through |
24 |
| coercion, the Board
shall promptly thereafter conduct an |
25 |
| election. The Board shall also investigate
and consider a |
26 |
| party's allegations that the dues deduction authorizations and
|
27 |
| other evidence submitted in support of a designation of |
28 |
| representative without
an election were subsequently changed, |
29 |
| altered, withdrawn, or withheld as a
result of employer fraud, |
30 |
| coercion, or any other unfair labor practice by the
employer. |
31 |
| If the Board determines that a labor organization would have |
32 |
| had a
majority interest but for an employer's fraud, coercion, |
33 |
| or unfair labor
practice, it shall designate the labor |
34 |
| organization as an exclusive
representative without conducting |
35 |
| an
election.
|
36 |
| (a-10) Whenever a petition or a request for recognition has |
|
|
|
HB1369 |
- 4 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| been filed
pursuant to this Section demonstrating that 75% or |
2 |
| more of
the employees of a unit of local government employing 2 |
3 |
| or more
employees
wish to be represented for the purposes of |
4 |
| collective bargaining by a
labor organization as exclusive |
5 |
| representative, the Board shall investigate the
petition or |
6 |
| request for recognition and, if it has reason to believe that |
7 |
| the
petition or request for recognition has been endorsed
by
|
8 |
| 75% of the employees of the bargaining unit, shall process the
|
9 |
| petition or request for recognition pursuant to Board rules. |
10 |
| (b) The Board shall decide in each case, in order to assure |
11 |
| public employees
the fullest freedom in exercising the rights |
12 |
| guaranteed by this Act, a unit
appropriate for the purpose of |
13 |
| collective bargaining, based upon but not
limited to such |
14 |
| factors as: historical pattern of recognition; community
of |
15 |
| interest including employee skills and functions; degree of |
16 |
| functional
integration; interchangeability and contact among |
17 |
| employees; fragmentation
of employee groups; common |
18 |
| supervision, wages, hours and other working
conditions of the |
19 |
| employees involved; and the desires of the employees.
For |
20 |
| purposes of this subsection, fragmentation shall not be the |
21 |
| sole or
predominant factor used by the Board in determining an |
22 |
| appropriate
bargaining unit. Except with respect to non-State |
23 |
| fire fighters and
paramedics employed by fire departments and |
24 |
| fire protection districts,
non-State peace officers and peace |
25 |
| officers in the State
Department of State Police, a single |
26 |
| bargaining unit determined by the
Board may not include both |
27 |
| supervisors and nonsupervisors, except for
bargaining units in |
28 |
| existence on the effective date of this Act. With
respect to |
29 |
| non-State fire fighters and paramedics employed by fire
|
30 |
| departments and fire protection districts, non-State peace |
31 |
| officers and
peace officers in the State Department of State |
32 |
| Police, a single bargaining
unit determined by the Board may |
33 |
| not include both supervisors and
nonsupervisors, except for |
34 |
| bargaining units in existence on the effective
date of this |
35 |
| amendatory Act of 1985.
|
36 |
| In cases involving an historical pattern of recognition, |
|
|
|
HB1369 |
- 5 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| and in cases where
the employer has recognized the union as the |
2 |
| sole and exclusive bargaining
agent for a specified existing |
3 |
| unit, the Board shall find the employees
in the unit then |
4 |
| represented by the union pursuant to the recognition to
be the |
5 |
| appropriate unit.
|
6 |
| Notwithstanding the above factors, where the majority of |
7 |
| public employees
of a craft so decide, the Board shall |
8 |
| designate such craft as a unit
appropriate for the purposes of |
9 |
| collective bargaining.
|
10 |
| The Board shall not decide that any unit is appropriate if |
11 |
| such unit
includes both professional and nonprofessional |
12 |
| employees, unless a majority
of each group votes for inclusion |
13 |
| in such unit.
|
14 |
| (c) Nothing in this Act shall interfere with or negate the |
15 |
| current
representation rights or patterns and practices of |
16 |
| labor organizations
which have historically represented public |
17 |
| employees for the purpose of
collective bargaining, including |
18 |
| but not limited to the negotiations of
wages, hours and working |
19 |
| conditions, discussions of employees' grievances,
resolution |
20 |
| of jurisdictional disputes, or the establishment and |
21 |
| maintenance
of prevailing wage rates, unless a majority of |
22 |
| employees so represented
express a contrary desire pursuant to |
23 |
| the procedures set forth in this Act.
|
24 |
| (d) In instances where the employer does not voluntarily |
25 |
| recognize a labor
organization as the exclusive bargaining |
26 |
| representative for a unit of
employees, the Board shall |
27 |
| determine the majority representative of the
public employees |
28 |
| in an appropriate collective bargaining unit by conducting
a |
29 |
| secret ballot election, except as otherwise provided in |
30 |
| subsection (a-5).
Within 7 days after the Board issues its
|
31 |
| bargaining unit determination and direction of election or the |
32 |
| execution of
a stipulation for the purpose of a consent |
33 |
| election, the public employer
shall submit to the labor |
34 |
| organization the complete names and addresses of
those |
35 |
| employees who are determined by the Board to be eligible to
|
36 |
| participate in the election. When the Board has determined that |
|
|
|
HB1369 |
- 6 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| a labor
organization has been fairly and freely chosen by a |
2 |
| majority of employees
in an appropriate unit, it shall certify |
3 |
| such organization as the exclusive
representative. If the Board |
4 |
| determines that a majority of employees in an
appropriate unit |
5 |
| has fairly and freely chosen not to be represented by a
labor |
6 |
| organization, it shall so certify. The Board may also revoke |
7 |
| the
certification of the public employee organizations as |
8 |
| exclusive bargaining
representatives which have been found by a |
9 |
| secret ballot election to be no
longer the majority |
10 |
| representative.
|
11 |
| (e) The Board shall not conduct an election in any |
12 |
| bargaining unit or
any subdivision thereof within which a valid |
13 |
| election has been held in the
preceding 12-month period. The |
14 |
| Board shall determine who is eligible to
vote in an election |
15 |
| and shall establish rules governing the conduct of the
election |
16 |
| or conduct affecting the results of the election. The Board |
17 |
| shall
include on a ballot in a representation election a choice |
18 |
| of "no
representation". A labor organization currently |
19 |
| representing the bargaining
unit of employees shall be placed |
20 |
| on the ballot in any representation
election. In any election |
21 |
| where none of the choices on the ballot receives
a majority, a |
22 |
| runoff election shall be conducted between the 2 choices
|
23 |
| receiving the largest number of valid votes cast in the |
24 |
| election. A labor
organization which receives a majority of the |
25 |
| votes cast in an election
shall be certified by the Board as |
26 |
| exclusive representative of all public
employees in the unit.
|
27 |
| (f) A labor
organization shall be designated as the |
28 |
| exclusive representative by a
public employer, provided that |
29 |
| the labor
organization represents a majority of the public |
30 |
| employees in an
appropriate unit. Any employee organization |
31 |
| which is designated or selected
by the majority of public |
32 |
| employees, in a unit of the public employer
having no other |
33 |
| recognized or certified representative, as their
|
34 |
| representative for purposes of collective bargaining may |
35 |
| request
recognition by the public employer in writing. The |
36 |
| public employer shall
post such request for a period of at |
|
|
|
HB1369 |
- 7 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| least 20 days following its receipt
thereof on bulletin boards |
2 |
| or other places used or reserved for employee
notices.
|
3 |
| (g) Within the 20-day period any other interested employee |
4 |
| organization
may petition the Board in the manner specified by |
5 |
| rules and regulations
of the Board, provided that such |
6 |
| interested employee organization has been
designated by at |
7 |
| least 10% of the employees in an appropriate bargaining
unit |
8 |
| which includes all or some of the employees in the unit |
9 |
| recognized
by the employer. In such event, the Board shall |
10 |
| proceed with the petition
in the same manner as provided by |
11 |
| paragraph (1) of subsection (a) of this
Section.
|
12 |
| (h) No election shall be directed by the Board in any |
13 |
| bargaining unit
where there is in force a valid collective |
14 |
| bargaining agreement. The Board,
however, may process an |
15 |
| election petition filed between 90 and 60 days prior
to the |
16 |
| expiration of the date of an agreement, and may further refine, |
17 |
| by
rule or decision, the implementation of this provision.
|
18 |
| Where more than 4 years have elapsed since the effective date |
19 |
| of the agreement,
the agreement shall continue to bar an |
20 |
| election, except that the Board may
process an election |
21 |
| petition filed between 90 and 60 days prior to the end of
the |
22 |
| fifth year of such an agreement, and between 90 and 60 days |
23 |
| prior to the
end of each successive year of such agreement.
|
24 |
| (i) An order of the Board dismissing a representation |
25 |
| petition,
determining and certifying that a labor organization |
26 |
| has been fairly and
freely chosen by a majority of employees in |
27 |
| an appropriate bargaining unit,
determining and certifying |
28 |
| that a labor organization has not been fairly
and freely chosen |
29 |
| by a majority of employees in the bargaining unit or
certifying |
30 |
| a labor organization as the exclusive representative of
|
31 |
| employees in an appropriate bargaining unit because of a |
32 |
| determination by
the Board that the labor organization is the |
33 |
| historical bargaining
representative of employees in the |
34 |
| bargaining unit, is a final order. Any
person aggrieved by any |
35 |
| such order issued on or after the effective date of
this |
36 |
| amendatory Act of 1987 may apply for and obtain judicial review |
|
|
|
HB1369 |
- 8 - |
LRB094 07319 JAM 37477 b |
|
|
1 |
| in
accordance with provisions of the Administrative Review Law, |
2 |
| as now or
hereafter amended, except that such review shall be |
3 |
| afforded directly in
the Appellate Court for the district in |
4 |
| which the aggrieved party resides
or transacts business.
Any |
5 |
| direct appeal to the Appellate Court shall be filed within 35 |
6 |
| days from
the date that a copy of the decision sought to be |
7 |
| reviewed was served upon the
party affected by the decision.
|
8 |
| (Source: P.A. 93-427, eff. 8-5-03; 93-444, eff. 8-5-03; revised |
9 |
| 9-10-03.)
|
10 |
| (5 ILCS 315/20) (from Ch. 48, par. 1620)
|
11 |
| Sec. 20. Prohibitions.
|
12 |
| (a) Nothing in this Act shall be construed to require
an |
13 |
| individual employee to render labor or service without his |
14 |
| consent, nor
shall anything in this Act be construed to make |
15 |
| the quitting of his labor
by an individual employee an illegal |
16 |
| act; nor shall any court issue any
process to compel the |
17 |
| performance by an individual employee of such labor
or service, |
18 |
| without his consent; nor shall the quitting of labor by an |
19 |
| employee
or employees in good faith because of abnormally |
20 |
| dangerous conditions for
work at the place of employment of |
21 |
| such employee be deemed a strike under this
Act.
|
22 |
| (b) This Act shall not be applicable to units of local |
23 |
| government employing
less than 5 employees at the time the |
24 |
| Petition for
Certification or Representation is filed with the |
25 |
| Board. This prohibition
shall
not apply to (i) bargaining units |
26 |
| in existence
on the effective date of this Act, (ii) units of |
27 |
| local government employing more
than 5
35 employees where the |
28 |
| total number of employees falls below 5
35 after the
Board has |
29 |
| certified a bargaining unit, (iii)
and fire protection |
30 |
| districts required
by the Fire Protection District Act to |
31 |
| appoint a Board of Fire Commissioners , and (iv) units of local |
32 |
| government as provided by subsection (a-10) of Section 9 . |
33 |
| (Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; |
34 |
| revised 1-25-05.)
|