Full Text of SB1791 94th General Assembly
SB1791sam001 94TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 3/14/2005
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| AMENDMENT TO SENATE BILL 1791
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| AMENDMENT NO. ______. Amend Senate Bill 1791 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Labor Relations Act. | 6 |
| Section 5. Policy. It is the public policy of the State of | 7 |
| Illinois to grant all employees full freedom of association, | 8 |
| self-organization, and designation of employee representatives | 9 |
| of their own choosing for the purposes of negotiating wages, | 10 |
| hours, and other conditions of employment or other mutual aid | 11 |
| or protection. | 12 |
| It is the purpose of this Act to prescribe the legitimate | 13 |
| rights of both employees and employers, including the | 14 |
| designation of employee representatives and negotiation of | 15 |
| wages, hours, and other terms and conditions of employment.
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| It is the purpose of this Act to prescribe the legitimate | 17 |
| rights of both employees and employers, to protect the public | 18 |
| health and safety of the citizens of Illinois, and to provide | 19 |
| peaceful and orderly procedures for protection of the rights of | 20 |
| all.
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| Section 10. Definitions. As used in this Act, unless the | 22 |
| context otherwise requires: | 23 |
| (a) "Board" means the State Panel of the Illinois Labor |
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| Relations Board as defined in Section 5 of the Illinois Public | 2 |
| Labor Relations Act.
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| (b) "Collective bargaining" means bargaining over terms | 4 |
| and conditions of employment, including wages, hours and other | 5 |
| conditions of employment.
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| (c) "Confidential employee" means an employee who, in the | 7 |
| regular course of his or her duties, assists and acts in a | 8 |
| confidential capacity to persons who formulate, determine, and | 9 |
| effectuate management policies with regard to labor relations | 10 |
| or who, in the regular course of his or her duties, has | 11 |
| authorized access to information relating to the effectuation | 12 |
| or review of the employer's collective bargaining policies.
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| (d) "Craft employees" means skilled journeymen, crafts | 14 |
| persons, and their apprentices and helpers.
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| (e) "Employee" means any individual employed by an | 16 |
| employer, and shall not be limited to the employees of a | 17 |
| particular employer, unless this Act explicitly states | 18 |
| otherwise, and shall include any individual whose work has | 19 |
| ceased as a consequence of, or in connection with, any current | 20 |
| labor dispute or because of any unfair labor practice. | 21 |
| "Employee" does not include any individual who is employed by | 22 |
| any person who does not meet the definition of "employer" as | 23 |
| defined in this Act and does not include any individual who is | 24 |
| subject to the protections of the National Labor Relations Act | 25 |
| (29 U.S.C. 151 et seq.) or the Railway Labor Act (45 U.S.C. 151 | 26 |
| et seq.). "Employee" also does not include managerial | 27 |
| employees, confidential employees, or supervisors as defined | 28 |
| in this Act.
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| (f) "Employer" means any individual, partnership, | 30 |
| association, corporation, business, trust, person, or entity | 31 |
| for whom employees are gainfully employed in Illinois. | 32 |
| "Employer" includes any person acting on behalf of or in the | 33 |
| interest of an employer, directly or indirectly, with or | 34 |
| without his or her knowledge, but does not include the State of |
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| Illinois, any political subdivision of the State, any State | 2 |
| officer or State department or agency, any unit of local | 3 |
| government, any school district, any authorities, including | 4 |
| departments, divisions, bureaus, boards, commissions, or other | 5 |
| agencies of the foregoing entities, or any entity that is | 6 |
| specifically excluded under the Illinois Public Labor | 7 |
| Relations Act.
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| (g) "Exclusive representative" means the labor | 9 |
| organization that has been designated by the Board as the | 10 |
| representative of a majority of employees in an appropriate | 11 |
| bargaining unit in accordance with the procedures contained in | 12 |
| this Act or a historical representative. For the purposes of | 13 |
| this Act, "historical representative" means a labor | 14 |
| organization which, on the effective date of this Act, is a | 15 |
| party to a collective bargaining agreement with an employer | 16 |
| under the jurisdiction of this Act, or is engaged in collective | 17 |
| bargaining over the terms of a successor collective bargaining | 18 |
| agreement with an employer under the jurisdiction of this Act.
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| (h) "Fair share agreement" means an agreement between the | 20 |
| employer and a labor organization under which all or any of the | 21 |
| employees in a collective bargaining unit are required to pay | 22 |
| their proportionate share of the costs of the collective | 23 |
| bargaining process, contract administration, and pursuit of | 24 |
| matters affecting wages, hours, and other conditions of | 25 |
| employment, but not to exceed the amount of dues uniformly | 26 |
| required of members. Fair share payments do not include any | 27 |
| fees for contributions related to the election or support of | 28 |
| any candidate for political office. Nothing in this subsection | 29 |
| (h) shall preclude an employee from making voluntary political | 30 |
| contributions in conjunction with his or her fair share | 31 |
| payment.
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| (i) "Labor organization" means any organization in which | 33 |
| employees participate and that exists for the purpose, in whole | 34 |
| or in part, of dealing with an employer concerning wages, |
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| hours, and other terms and conditions of employment, including | 2 |
| the settlement of grievances.
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| (j) "Managerial employee" means an individual who is | 4 |
| engaged predominantly in executive and management functions | 5 |
| and is charged with the responsibility of directing the | 6 |
| effectuation of management policies and practices.
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| (k) "Person" includes one or more individuals, labor | 8 |
| organizations (other than when acting as an employer), | 9 |
| employees, associations, corporations, partnerships, legal | 10 |
| representatives, trustees, trustees in bankruptcy, and | 11 |
| receivers.
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| (l) "Professional employee" means any employee engaged in | 13 |
| work predominantly intellectual and varied in character rather | 14 |
| than routine mental, manual, mechanical, or physical work; | 15 |
| involving the consistent exercise of discretion and adjustment | 16 |
| in its performance; of such a character that the output | 17 |
| produced or the result accomplished cannot be standardized in | 18 |
| relation to a given period of time; and requiring advanced | 19 |
| knowledge in a field of science or learning customarily | 20 |
| acquired by a prolonged course of specialized intellectual | 21 |
| instruction and study in an institution of higher learning or a | 22 |
| hospital, as distinguished from a general academic education or | 23 |
| from apprenticeship or from training in the performance of | 24 |
| routine mental, manual, or physical processes; or any employee | 25 |
| who has completed the courses of specialized intellectual | 26 |
| instruction and study prescribed in this subsection (l) and is | 27 |
| performing related work under the supervision of a professional | 28 |
| person to qualify to become a professional employee as defined | 29 |
| in this subsection (l).
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| (m) "Supervisor" means an employee whose principal work is | 31 |
| substantially different from that of his or her subordinates | 32 |
| and who has authority, in the interest of the employer, to | 33 |
| hire, transfer, suspend, lay off, recall, promote, discharge, | 34 |
| direct, reward, or discipline employees, to adjust their |
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| grievances, or to effectively recommend any of those actions, | 2 |
| if the exercise of that authority is not of a merely routine or | 3 |
| clerical nature, but requires the consistent use of independent | 4 |
| judgment. "Supervisor" includes only those individuals who | 5 |
| devote a preponderance of their employment time to exercising | 6 |
| that authority.
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| (n) "Unit" means a class of jobs or positions that are held | 8 |
| by employees whose collective interests may suitably be | 9 |
| represented by a labor organization for collective bargaining. | 10 |
| A bargaining unit shall not include both employees and | 11 |
| supervisors. Notwithstanding the exclusion of supervisors from | 12 |
| bargaining units containing non-supervisory employees, an | 13 |
| employer may agree to permit its supervisory employees to form | 14 |
| bargaining units and may bargain with those units.
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| Section 15. Illinois Labor Relations Board State Panel. The | 16 |
| composition and duties of the Illinois Labor Relations Board | 17 |
| State Panel shall be as described in Section 5 of the Illinois | 18 |
| Public Labor Relations Act. | 19 |
| Section 20. Rights of employees. Employees shall have the | 20 |
| right to self-organization, to form, join, or assist labor | 21 |
| organizations, to bargain collectively through representatives | 22 |
| of their own choosing, and to engage in other concerted | 23 |
| activities for the purpose of collective bargaining or other | 24 |
| mutual aid or protection, and shall also have the right to | 25 |
| refrain from any or all such activities except to the extent | 26 |
| that such right may be affected by an agreement requiring | 27 |
| membership in a labor organization as a condition of employment | 28 |
| as authorized in paragraph (a)(2) of Section 25. | 29 |
| Section 25. Unfair labor practices. | 30 |
| (a) It shall be an unfair labor practice for an employer or | 31 |
| his or her agents:
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| (1) to interfere with, restrain, or coerce employees in | 2 |
| the exercise of the rights guaranteed in this Act or to | 3 |
| dominate or interfere with the formation, existence, or | 4 |
| administration of any labor organization or contribute | 5 |
| financial or other support to it; provided, an employer is | 6 |
| not prohibited from permitting employees to confer with him | 7 |
| or her during working hours without loss of time or pay;
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| (2) to discriminate in regard to hire or tenure of | 9 |
| employment or any term or condition of employment in order | 10 |
| to encourage or discourage membership in or other support | 11 |
| for any labor organization, provided, nothing in this Act | 12 |
| or any other law precludes an employer from making an | 13 |
| agreement with an exclusive representative consistent with | 14 |
| Section 35;
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| (3) to discharge or otherwise discriminate against an | 16 |
| employee because he or she has signed or filed an | 17 |
| affidavit, petition, or charge or has provided any | 18 |
| information or testimony under this Act;
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| (4) to refuse to bargain collectively in good faith | 20 |
| with a labor organization which is the exclusive | 21 |
| representative of employees in an appropriate unit, | 22 |
| including, but not limited to, the discussing of grievances | 23 |
| with the exclusive representative;
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| (5) to violate any of the rules established by the | 25 |
| Board relating to the conduct of representation elections | 26 |
| or the conduct affecting the representation elections;
or | 27 |
| (6) to refuse to reduce a collective bargaining | 28 |
| agreement to writing or to refuse to sign such agreement.
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| (b) It shall be an unfair labor practice for a labor | 30 |
| organization or its agents:
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| (1) to restrain or coerce employees in the exercise of | 32 |
| the rights guaranteed in this Act, provided: | 33 |
| (A) that this paragraph shall not impair the right | 34 |
| of a labor organization to prescribe its own rules with |
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| respect to the acquisition or retention of membership | 2 |
| therein or the determination of dues or fair share | 3 |
| payments; and | 4 |
| (B) that a labor organization or its agents shall | 5 |
| commit an unfair labor practice under this paragraph in | 6 |
| duty of fair representation cases only by intentional | 7 |
| misconduct in representing employees under this Act;
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| (2) to restrain or coerce an employer in the selection | 9 |
| of his or her representatives for the purposes of | 10 |
| collective bargaining or the settlement of grievances;
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| (3) to cause, or attempt to cause, an employer to | 12 |
| discriminate against an employee in violation of paragraph | 13 |
| (a)(2);
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| (4) to refuse to bargain collectively in good faith | 15 |
| with an employer, if it has been designated in accordance | 16 |
| with this Act as the exclusive representative of employees | 17 |
| in an appropriate unit;
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| (5) to violate any of the rules established by the | 19 |
| Board relating to the conduct of representation elections | 20 |
| or the conduct affecting the representation elections;
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| (6) to discriminate against any employee because he or | 22 |
| she has signed or filed an affidavit, petition, or charge | 23 |
| or provided any information or testimony under this Act;
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| (7) to picket or cause to be picketed, or threaten to | 25 |
| picket or cause to be picketed, any employer if an object | 26 |
| thereof is forcing or requiring an employer to recognize or | 27 |
| bargain with a labor organization of the representative of | 28 |
| its employees, or forcing or requiring the employees of an | 29 |
| employer to accept or select such labor organization as | 30 |
| their collective bargaining representative, unless such | 31 |
| labor organization is currently certified as the | 32 |
| representative of such employees:
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| (A) if the employer has lawfully recognized in | 34 |
| accordance with this Act any labor organization and a |
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| question concerning representation may not | 2 |
| appropriately be raised under Section 50;
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| (B) if within the preceding 12 months a valid | 4 |
| election under Section 50 has been conducted; or
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| (C) if such picketing has been conducted without a | 6 |
| petition under Section 50 being filed within a | 7 |
| reasonable period of time not to exceed 30 days from | 8 |
| the commencement of such picketing; provided that when | 9 |
| such a petition has been filed the Board shall | 10 |
| forthwith, without regard to subsection (a) of Section | 11 |
| 50 or the absence of a showing of a substantial | 12 |
| interest on the part of the labor organization, direct | 13 |
| an election in such unit as the Board finds to be | 14 |
| appropriate and shall certify the results thereof; | 15 |
| provided further, that nothing in this subparagraph | 16 |
| shall be construed to prohibit any picketing or other | 17 |
| publicity for the purpose of truthfully advising the | 18 |
| public that an employer does not employ members of, or | 19 |
| have a contract with, a labor organization unless an | 20 |
| effect of such picketing is to induce any individual | 21 |
| employed by any other person, in the course of his or | 22 |
| her employment, not to pick up, deliver, or transport | 23 |
| any goods or not to perform any services; or
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| (8) to refuse to reduce a collective bargaining | 25 |
| agreement to writing or to refuse to sign such agreement.
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| (c) The expressing of any views, argument, or opinion or | 27 |
| the dissemination thereof, whether in written, printed, | 28 |
| graphic, or visual form, shall not constitute or be evidence of | 29 |
| an unfair labor practice under this Act, if such expression | 30 |
| contains no threat of reprisal or force or promise of benefit.
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| Section 30. Duty to bargain. An employer and the exclusive | 32 |
| representative have the authority and the duty to bargain | 33 |
| collectively as set forth in this Section. |
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| For the purposes of this Act, "to bargain collectively" | 2 |
| means the performance of the mutual obligation of the employer | 3 |
| or his or her designated representative and the exclusive | 4 |
| representative to meet at reasonable times and to negotiate in | 5 |
| good faith with respect to wages, hours, and other conditions | 6 |
| of employment. It also includes the negotiation of an | 7 |
| agreement, the discussion of any question arising thereunder, | 8 |
| and the execution of a written contract incorporating any | 9 |
| agreement reached if requested by either party. This obligation | 10 |
| does not compel either party to agree to a proposal or require | 11 |
| the making of a concession.
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| The duty "to bargain collectively" also includes | 13 |
| negotiations as to the terms of a collective bargaining | 14 |
| agreement. The parties may, by mutual agreement, provide for | 15 |
| arbitration of impasses resulting from their inability to agree | 16 |
| upon wages, hours, and terms and conditions of employment to be | 17 |
| included in a collective bargaining agreement. Such | 18 |
| arbitration provisions shall be subject to the Uniform | 19 |
| Arbitration Act unless otherwise agreed by the parties.
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| The duty "to bargain collectively" also means that no party | 21 |
| to a collective bargaining contract shall terminate or modify | 22 |
| that contract, unless the party desiring such termination or | 23 |
| modification:
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| (1) serves a written notice upon the other party to the | 25 |
| contract of the proposed termination or modification 60 | 26 |
| days before the expiration date thereof, or if the contract | 27 |
| contains no expiration date, 60 days before the time it is | 28 |
| proposed to make such termination or modification;
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| (2) offers to meet and confer with the other party for | 30 |
| the purpose of negotiating a new contract or a contract | 31 |
| containing the proposed modifications;
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| (3) notifies the Board within 30 days after such notice | 33 |
| of the existence of a dispute, provided no agreement has | 34 |
| been reached by that time; and
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| (4) continues in full force and effect, without | 2 |
| resorting to strike or lockout, all the terms and | 3 |
| conditions of the existing contract for a period of 60 days | 4 |
| after such notice is given to the other party or until the | 5 |
| expiration date of such contract, whichever occurs later.
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| The duties imposed upon employers, employees, and labor | 7 |
| organizations by paragraphs (2), (3), and (4) shall become | 8 |
| inapplicable upon an intervening certification of the Board, | 9 |
| under which the labor organization, which is a party to the | 10 |
| contract, has been superseded as or ceased to be the exclusive | 11 |
| representative of the employees pursuant to subsection (a) of | 12 |
| Section 50, and the duties so imposed shall not be construed as | 13 |
| requiring either party to discuss or agree to any modification | 14 |
| of the terms and conditions contained in a contract for a fixed | 15 |
| period, if such modification is to become effective before such | 16 |
| terms and conditions can be reopened under the contract.
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| Section 35. Dues deduction and fair share fees. | 18 |
| (a) Dues deduction.
The exclusive representative may | 19 |
| negotiate provisions in a collective bargaining agreement | 20 |
| providing for the payroll deduction of labor organization dues, | 21 |
| initiation fees, and assessments. Such payments shall be paid | 22 |
| to the exclusive representative.
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| (b) Fair share fees. | 24 |
| (1) When a collective bargaining agreement is entered | 25 |
| into by an employer and an exclusive representative, the | 26 |
| agreement may include a provision to require as a condition | 27 |
| of employment that employees covered by the collective | 28 |
| bargaining agreement who are not members of the exclusive | 29 |
| representative's organization pay their proportionate | 30 |
| share of the costs of the collective bargaining process, | 31 |
| organizing, contract administration, and pursuit of | 32 |
| matters affecting wages, hours, and conditions of | 33 |
| employment. The nonmember employees' share of the costs |
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| shall not exceed the amount of dues uniformly required of | 2 |
| members. The exclusive representative shall certify to the | 3 |
| employer the amount to be deducted and the employer shall | 4 |
| deduct such amount from the earnings of the nonmember | 5 |
| employees and remit such amounts to the labor organization.
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| (2) Agreements containing a fair share agreement must | 7 |
| safeguard the right of nonmember employees based upon bona | 8 |
| fide religious tenets or teachings of a church or religious | 9 |
| body of which such employees are members. Such employees | 10 |
| may be required to pay an amount equal to their fair share, | 11 |
| determined under a lawful fair share agreement, to a | 12 |
| nonreligious charitable organization mutually agreed upon | 13 |
| by the employees affected and the exclusive bargaining | 14 |
| representative to which such employees would otherwise pay | 15 |
| such service fee. If the affected employees and the | 16 |
| bargaining representative are unable to reach an agreement | 17 |
| on the matter, the Board may establish an approved list of | 18 |
| charitable organizations to which such payments may be | 19 |
| made.
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| (c) If a collective bargaining agreement is terminated, or | 21 |
| continues in effect beyond its scheduled expiration date | 22 |
| pending the negotiation of a successor agreement, the employer | 23 |
| shall continue to honor and abide by any dues deduction or fair | 24 |
| share clause contained therein until a new agreement is reached | 25 |
| including dues deduction or a fair share clause. For the | 26 |
| benefit of any successor exclusive representative certified | 27 |
| under this Act, this provision shall be applicable, provided | 28 |
| the successor exclusive representative:
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| (i) certifies to the employer the amount to be | 30 |
| deducted under subsection (b); or
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| (ii) presents the employer with employee written | 32 |
| authorizations for the deduction of dues, assessments, | 33 |
| and fees under this subsection.
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| Failure to so honor and abide by dues deduction or fair |
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| share clauses for the benefit of any exclusive representative, | 2 |
| including a successor, shall be a violation of the duty to | 3 |
| bargain and an unfair labor practice.
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| Section 40. Unfair labor practice procedures. Unfair labor | 5 |
| practices may be dealt with by the Board in the following | 6 |
| manner: | 7 |
| (a) If it is charged that any person has engaged in or is | 8 |
| engaging in any unfair labor practice, the Board or any agent | 9 |
| designated by the Board for such purposes shall conduct an | 10 |
| investigation of the charge. If, after such investigation, the | 11 |
| Board finds that the charge involves a dispositive issue of law | 12 |
| or fact, the Board shall issue a complaint and cause to be | 13 |
| served upon the person a complaint stating the charges, | 14 |
| accompanied by a notice of hearing. The notice of hearing shall | 15 |
| indicate that a hearing is to take place before the Board, or a | 16 |
| member thereof designated by the Board, or before a qualified | 17 |
| hearing officer designated by the Board at the offices of the | 18 |
| Board or such other location as the Board deems appropriate, on | 19 |
| a date not less than 5 days after service of such complaint. No | 20 |
| complaint shall issue based upon any unfair labor practice | 21 |
| occurring more than 6 months before the filing of a charge with | 22 |
| the Board and the service of a copy thereof upon the person | 23 |
| against whom the charge is made, unless the person aggrieved | 24 |
| thereby did not reasonably have knowledge of the alleged unfair | 25 |
| labor practice or was prevented from filing such a charge by | 26 |
| reason of service in the armed forces, in which event the 6 | 27 |
| month period shall be computed from the date of his or her | 28 |
| discharge. Any such complaint may be amended by the member or | 29 |
| hearing officer conducting the hearing for the Board in his or | 30 |
| her discretion at any time before the issuance of an order | 31 |
| based thereon. The person who is the subject of the complaint | 32 |
| has the right to file an answer to the original or amended | 33 |
| complaint and to appear in person or by a representative and |
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| give testimony at the place and time fixed in the complaint. In | 2 |
| the discretion of the member or hearing officer conducting the | 3 |
| hearing, or in the discretion of the Board, any other person | 4 |
| may be allowed to intervene in the proceeding and to present | 5 |
| testimony. In any hearing conducted by the Board, neither the | 6 |
| Board nor the member or agent conducting the hearing shall be | 7 |
| bound by the rules of evidence applicable to courts, except as | 8 |
| to the rules of privilege recognized by law.
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| (b) The Board shall have the power to issue subpoenas and | 10 |
| administer oaths. If any party willfully fails or neglects to | 11 |
| appear or testify or to produce books, papers, and records | 12 |
| pursuant to the issuance of a subpoena by the Board, the Board | 13 |
| may apply to a court of competent jurisdiction to request that | 14 |
| such party be ordered to appear before the Board to testify or | 15 |
| produce the requested evidence.
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| (c) Any testimony taken by the Board, or a member | 17 |
| designated by the Board or a hearing officer thereof, must be | 18 |
| reduced to writing and filed with the Board. A full and | 19 |
| complete record shall be kept of all proceedings before the | 20 |
| Board, and all proceedings shall be transcribed by a reporter | 21 |
| appointed by the Board. The party on whom the burden of proof | 22 |
| rests shall be required to sustain such burden by a | 23 |
| preponderance of the evidence. If, upon a preponderance of the | 24 |
| evidence taken, the Board is of the opinion that any person | 25 |
| named in the charge has engaged in or is engaging in an unfair | 26 |
| labor practice, then it shall state its findings of fact and | 27 |
| shall issue and cause to be served upon the person an order | 28 |
| requiring him or her to cease and desist from the unfair labor | 29 |
| practice, and to take such affirmative action, including | 30 |
| reinstatement of employees with or without back pay, as will | 31 |
| effectuate the policies of this Act. If the Board awards back | 32 |
| pay, it shall also award interest at the rate of 7% per year. | 33 |
| If the Board finds that a party has demonstrated a pattern of | 34 |
| committing unfair labor practices or if the Board finds that a |
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| party has demonstrated an egregious disregard for the rights of | 2 |
| employees under this Act, the Board may, in its discretion, | 3 |
| issue an order barring the party from receiving public | 4 |
| contracts or State tax incentives for a period of up to 3 | 5 |
| years. Upon issuing such an order, the Board shall notify the | 6 |
| Office of the Governor in writing of the issuance of its order. | 7 |
| The Board's order may further require the person to make | 8 |
| reports from time to time, and to demonstrate the extent to | 9 |
| which he or she has complied with the order. If there is no | 10 |
| preponderance of evidence to indicate to the Board that the | 11 |
| person named in the charge has engaged in or is engaging in the | 12 |
| unfair labor practice, then the Board shall state its findings | 13 |
| of fact and shall issue an order dismissing the complaint. The | 14 |
| Board's order may in its discretion also include an appropriate | 15 |
| sanction, based on the Board's rules, and the sanction may | 16 |
| include an order to pay the other party or parties' reasonable | 17 |
| expenses including costs and reasonable attorney's fees, if the | 18 |
| other party has made allegations or denials without reasonable | 19 |
| cause and found to be untrue or has engaged in frivolous | 20 |
| litigation for the purpose of delay or needless increase in the | 21 |
| cost of litigation.
| 22 |
| (d) Until the record in a case has been filed in court, the | 23 |
| Board at any time, upon reasonable notice and in such manner as | 24 |
| it deems proper, may modify or set aside, in whole or in part, | 25 |
| any finding or order made or issued by it.
| 26 |
| (e) A charging party or any person aggrieved by a final | 27 |
| order of the Board granting or denying in whole or in part the | 28 |
| relief sought may apply for and obtain judicial review of an | 29 |
| order of the Board entered under this Act, in accordance with | 30 |
| the Administrative Review Law, except that such judicial review | 31 |
| shall be afforded directly in the appellate court for the | 32 |
| district in which the aggrieved party resides or transacts | 33 |
| business, and provided, that such judicial review shall not be | 34 |
| available for the purpose of challenging a final order issued |
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| by the Board pursuant to Section 50 for which judicial review | 2 |
| has been petitioned pursuant to subsection (g) of Section 50. | 3 |
| Any direct appeal to the appellate court shall be filed within | 4 |
| 35 days from the date that a copy of the decision sought to be | 5 |
| reviewed was served upon the party affected by the decision. | 6 |
| The Board in proceedings under this Section may obtain an order | 7 |
| of the court for the enforcement of its order.
| 8 |
| (f) If it appears that any person has violated a final | 9 |
| order of the Board issued pursuant to this Section, the Board | 10 |
| must commence an action in the name of the People of the State | 11 |
| of Illinois by petition, alleging the violation, attaching a | 12 |
| copy of the order of the Board, and praying for the issuance of | 13 |
| an order directing the person and his or her officers, agents, | 14 |
| servants, successors, and assigns to comply with the order of | 15 |
| the Board. The Board shall be represented in this action by the | 16 |
| Attorney General in accordance with the Attorney General Act. | 17 |
| The court may grant or refuse, in whole or in part, the relief | 18 |
| sought, provided that the court may stay an order of the Board | 19 |
| in accordance with the Administrative Review Law, pending | 20 |
| disposition of the proceedings. The court may punish a | 21 |
| violation of its order as in civil contempt.
| 22 |
| (g) The proceedings provided in paragraph (f) of this | 23 |
| Section shall be commenced in the appellate court for the | 24 |
| district where the unfair labor practice which is the subject | 25 |
| of the Board's order was committed, or where a person required | 26 |
| to cease and desist by such order resides or transacts | 27 |
| business.
| 28 |
| (h) The Board, through the Attorney General, shall have | 29 |
| power, upon issuance of an unfair labor practice complaint | 30 |
| alleging that a person has engaged in or is engaging in an | 31 |
| unfair labor practice, to petition the circuit court where the | 32 |
| alleged unfair labor practice which is the subject of the | 33 |
| Board's complaint was allegedly committed, or where a person | 34 |
| required to cease and desist from such alleged unfair labor |
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| practice resides or transacts business, for appropriate | 2 |
| temporary relief or a restraining order. Upon the filing of any | 3 |
| such petition, the court shall cause notice thereof to be | 4 |
| served upon such persons, and thereupon shall have jurisdiction | 5 |
| to grant to the Board such temporary relief or restraining | 6 |
| order as it deems just and proper.
| 7 |
| (i) If an unfair labor practice charge involves the | 8 |
| interpretation or application of a collective bargaining | 9 |
| agreement and that agreement contains a grievance procedure | 10 |
| with binding arbitration as its terminal step, the Board may | 11 |
| defer the resolution of such dispute to the grievance and | 12 |
| arbitration procedure contained in that agreement.
| 13 |
| Section 45. Grievance procedure. The collective bargaining | 14 |
| agreement negotiated between the employer and the exclusive | 15 |
| representative shall contain a grievance resolution procedure | 16 |
| which shall apply to all employees in the bargaining unit and | 17 |
| shall provide for final and binding arbitration of disputes | 18 |
| concerning the administration or interpretation of the | 19 |
| agreement unless mutually agreed otherwise. Any agreement | 20 |
| containing a final and binding arbitration provision shall also | 21 |
| contain a provision prohibiting strikes for the duration of the | 22 |
| agreement. The grievance and arbitration provisions of any | 23 |
| collective bargaining agreement shall be subject to the Uniform | 24 |
| Arbitration Act. The costs of such arbitration shall be borne | 25 |
| equally by the employer and the exclusive representative. | 26 |
| Section 50. Elections; recognition; designation of | 27 |
| exclusive representative. | 28 |
| (a) In accordance with such rules as the Board may | 29 |
| prescribe, the Board shall designate a labor organization as | 30 |
| the exclusive representative of employees through the | 31 |
| processes outlined in this Section.
| 32 |
| (1) The Board may conduct an election to determine the |
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| exclusive representative of employees if:
| 2 |
| (A) an employee or group of employees or any labor | 3 |
| organization acting in their behalf files a petition | 4 |
| demonstrating that 30% of the employees in an | 5 |
| appropriate unit wish to be represented for the | 6 |
| purposes of collective bargaining by a labor | 7 |
| organization as exclusive representative, or asserting | 8 |
| that the labor organization which has been certified or | 9 |
| is currently recognized by the employer as the | 10 |
| bargaining representative is no longer the | 11 |
| representative of the majority of the employees in the | 12 |
| unit; or
| 13 |
| (B) an employer files a petition alleging that one | 14 |
| or more labor organizations have presented to it a | 15 |
| claim that they be recognized as the representative of | 16 |
| a majority of the employees in an appropriate unit.
| 17 |
| The Board shall investigate such petitions, and if it | 18 |
| has reasonable cause to believe that a question of | 19 |
| representation exists, shall provide for an appropriate | 20 |
| hearing upon due notice. Such hearing shall be held at the | 21 |
| offices of the Board or such other location as the Board | 22 |
| deems appropriate. If it finds upon the record of the | 23 |
| hearing that a question of representation exists, it shall | 24 |
| direct an election, which shall be held not later than 120 | 25 |
| days after the date the petition was filed; provided, | 26 |
| however, the Board may extend the time for holding an | 27 |
| election by an additional 60 days if, upon motion by a | 28 |
| person who has filed a petition under this Section or is | 29 |
| the subject of a petition filed under this Section and is a | 30 |
| party to such hearing, or upon the Board's own motion, the | 31 |
| Board finds that good cause has been shown for extending | 32 |
| the election date; provided further, that nothing in this | 33 |
| Section shall prohibit the Board, in its discretion, from | 34 |
| extending the time for holding an election for so long as |
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| may be necessary under the circumstances, if the purpose | 2 |
| for such extension is to permit resolution by the Board of | 3 |
| an unfair labor practice charge filed by one of the parties | 4 |
| to a representational proceeding against the other based | 5 |
| upon conduct which may either affect the existence of a | 6 |
| question concerning representation or have a tendency to | 7 |
| interfere with a fair and free election, if the party | 8 |
| filing the charge has not filed a request to proceed with | 9 |
| the election; and provided further that before the | 10 |
| expiration of the total time allotted for holding an | 11 |
| election, a person who has filed a petition under this | 12 |
| Section or is the subject of a petition filed under this | 13 |
| Section and is a party to such hearing or the Board, may | 14 |
| move for and obtain the entry of an order in the circuit | 15 |
| court of the county in which the majority of the employees | 16 |
| sought to be represented by such person reside, such order | 17 |
| extending the date upon which the election shall be held. | 18 |
| Such order shall be issued by the circuit court only upon a | 19 |
| judicial finding that there has been a sufficient showing | 20 |
| that there is good cause to extend the election date beyond | 21 |
| such period and shall require the Board to hold the | 22 |
| election as soon as is feasible given the totality of the | 23 |
| circumstances. Such 120-day period may be extended one or | 24 |
| more times by the agreement of all parties to the hearing | 25 |
| to a date certain without the necessity of obtaining a | 26 |
| court order. Nothing in this Section prohibits the waiving | 27 |
| of hearings by stipulation for the purpose of a consent | 28 |
| election in conformity with the rules of the Board or an | 29 |
| election in a unit agreed upon by the parties. Other | 30 |
| interested employee organizations may intervene in the | 31 |
| proceedings in the manner and within the time period | 32 |
| specified by rules of the Board. Interested parties who are | 33 |
| necessary to the proceedings may also intervene in the | 34 |
| proceedings in the manner and within the time period |
|
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| specified by the rules of the Board.
| 2 |
| (2) The Board shall designate an exclusive | 3 |
| representative for purposes of collective bargaining when | 4 |
| the representative demonstrates a showing of majority | 5 |
| interest by employees in the unit. If the parties to a | 6 |
| dispute are without agreement on the means to ascertain the | 7 |
| choice, if any, of employee organization as their | 8 |
| representative, the Board shall ascertain the employees' | 9 |
| choice of employee organization on the basis of dues | 10 |
| deduction authorization and other evidence, or, if | 11 |
| necessary, by conducting an election. The Board shall | 12 |
| protect the confidentiality of the employees signing dues | 13 |
| deduction authorizations and other evidence evidencing | 14 |
| support for a labor organization. If either party provides | 15 |
| to the Board, before the designation of an exclusive | 16 |
| representative, clear and convincing evidence that the | 17 |
| dues deduction authorizations, and other evidence upon | 18 |
| which the Board would otherwise rely to ascertain the | 19 |
| employees' choice of representative, are fraudulent or | 20 |
| were obtained through coercion, the Board shall promptly | 21 |
| thereafter conduct an election. The Board shall also | 22 |
| investigate and consider a party's allegations that the | 23 |
| dues deduction authorizations and other evidence submitted | 24 |
| in support of a designation of representative without an | 25 |
| election were subsequently changed, altered, withdrawn, or | 26 |
| withheld as a result of employer fraud or coercion or any | 27 |
| other unfair labor practice by the employer. If the Board | 28 |
| determines that a labor organization would have had a | 29 |
| majority interest but for an employer's fraud, coercion, or | 30 |
| unfair labor practice, it shall designate the labor | 31 |
| organization as an exclusive representative without | 32 |
| conducting an election.
| 33 |
| (3) An employer may voluntarily recognize a labor | 34 |
| organization as the exclusive representative of the |
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| employer's employees. Any labor organization which is | 2 |
| designated or selected by the majority of employees, in a | 3 |
| unit of the employer having no other recognized or | 4 |
| certified representative, as their representative for | 5 |
| purposes of collective bargaining may request recognition | 6 |
| by the employer in writing. The employer shall post such | 7 |
| request for a period of at least 20 days following its | 8 |
| receipt thereof on bulletin boards or other places used or | 9 |
| reserved for employee notices. Within the 20-day period any | 10 |
| other interested employee organization may petition the | 11 |
| Board in the manner specified by rules of the Board, | 12 |
| provided that such interested employee organization has | 13 |
| been designated by at least 10% of the employees in an | 14 |
| appropriate bargaining unit which includes all or some of | 15 |
| the employees in the unit recognized by the employer. In | 16 |
| such event, the Board shall proceed with the petition in | 17 |
| the same manner as provided by paragraph (1) of this | 18 |
| subsection (a).
| 19 |
| (b) The Board shall decide in each case, in order to assure | 20 |
| employees the fullest freedom in exercising the rights | 21 |
| guaranteed by this Act, a unit appropriate for the purpose of | 22 |
| collective bargaining, based upon but not limited to such | 23 |
| factors as: historical pattern of recognition; community of | 24 |
| interest including employee skills and functions; degree of | 25 |
| functional integration; interchangeability and contact among | 26 |
| employees; common supervision, wages, hours, and other working | 27 |
| conditions of the employees involved; and the desires of the | 28 |
| employees. In cases involving an historical pattern of | 29 |
| recognition, and in cases in which the employer has recognized | 30 |
| the labor organization as the sole and exclusive bargaining | 31 |
| agent for a specified existing unit, the Board shall find the | 32 |
| employees in the unit then represented by the labor | 33 |
| organization pursuant to the recognition to be the appropriate | 34 |
| unit.
|
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| Notwithstanding the above factors, if the majority of | 2 |
| employees of a craft so decide, the Board shall designate such | 3 |
| craft as a unit appropriate for the purposes of collective | 4 |
| bargaining.
| 5 |
| The Board shall not decide that any unit is appropriate if | 6 |
| such unit includes both professional and nonprofessional | 7 |
| employees, unless a majority of each group votes for inclusion | 8 |
| in such unit.
| 9 |
| (c) Nothing in this Act shall interfere with or negate the | 10 |
| current representation rights or patterns and practices of | 11 |
| labor organizations which have historically represented | 12 |
| employees for the purpose of collective bargaining, including | 13 |
| but not limited to the negotiations of wages, hours, and | 14 |
| working conditions, discussions of employees' grievances, | 15 |
| resolution of jurisdictional disputes, or the establishment | 16 |
| and maintenance of prevailing wage rates, unless a majority of | 17 |
| employees so represented express a contrary desire pursuant to | 18 |
| the procedures set forth in this Act.
| 19 |
| (d) Within 7 days after the Board issues its bargaining | 20 |
| unit determination and direction of election or the execution | 21 |
| of a stipulation for the purpose of a consent election, the | 22 |
| employer shall submit to the labor organization the complete | 23 |
| names and addresses of those employees who are determined by | 24 |
| the Board to be eligible to participate in the election. If the | 25 |
| Board has determined that a labor organization has been fairly | 26 |
| and freely chosen by a majority of employees in an appropriate | 27 |
| unit, it shall certify such organization as the exclusive | 28 |
| representative. If the Board determines that a majority of | 29 |
| employees in an appropriate unit has fairly and freely chosen | 30 |
| not to be represented by a labor organization, it shall so | 31 |
| certify. The Board may also revoke the certification of the | 32 |
| labor organization as exclusive bargaining representatives | 33 |
| which have been found by a secret ballot election to be no | 34 |
| longer the majority representative.
|
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| (e) The Board shall not conduct an election in any | 2 |
| bargaining unit or any subdivision thereof within which a valid | 3 |
| election has been held in the preceding 12-month period. The | 4 |
| Board shall determine who is eligible to vote in an election | 5 |
| and shall establish rules governing the conduct of the election | 6 |
| or conduct affecting the results of the election. The Board | 7 |
| shall include on a ballot in a representation election a choice | 8 |
| of "no representation". A labor organization currently | 9 |
| representing the bargaining unit of employees shall be placed | 10 |
| on the ballot in any representation election. In any election | 11 |
| where none of the choices on the ballot receives a majority, a | 12 |
| runoff election shall be conducted between the 2 choices | 13 |
| receiving the largest number of valid votes cast in the | 14 |
| election. A labor organization which receives a majority of the | 15 |
| votes cast in an election shall be certified by the Board as | 16 |
| exclusive representative of all employees in the unit.
| 17 |
| (f) No election shall be directed by the Board in any | 18 |
| bargaining unit if there is in force a valid collective | 19 |
| bargaining agreement. The Board, however, may process an | 20 |
| election petition filed between 90 and 60 days before the | 21 |
| expiration of the date of an agreement, and may further refine, | 22 |
| by rule or decision, the implementation of this provision. If | 23 |
| more than 4 years have elapsed since the effective date of the | 24 |
| agreement, the agreement shall continue to bar an election, | 25 |
| except that the Board may process an election petition filed | 26 |
| between 90 and 60 days before the end of each successive year | 27 |
| of such agreement.
| 28 |
| (g) An order of the Board dismissing a representation | 29 |
| petition, determining and certifying that a labor organization | 30 |
| has been fairly and freely chosen by a majority of employees in | 31 |
| an appropriate bargaining unit, or determining and certifying | 32 |
| that a labor organization has not been fairly and freely chosen | 33 |
| by a majority of employees in the bargaining unit constitutes a | 34 |
| final order. Any person aggrieved by any such order issued on |
|
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| 1 |
| or after the effective date of this Act may apply for and | 2 |
| obtain judicial review in accordance with the Administrative | 3 |
| Review Law, except that such review shall be afforded directly | 4 |
| in the appellate court for the district in which the aggrieved | 5 |
| party resides or transacts business. Any direct appeal to the | 6 |
| appellate court shall be filed within 35 days from the date | 7 |
| that a copy of the decision sought to be reviewed was served | 8 |
| upon the party affected by the decision.
| 9 |
| Section 55. Right to strike. | 10 |
| (a) Nothing in this Act shall be construed to either | 11 |
| interfere with or impede or diminish in any way the right to | 12 |
| strike, except as otherwise provided in this Act, or to affect | 13 |
| the limitations or qualifications on that right. An employee | 14 |
| who exercises such right may not be disciplined, replaced, or | 15 |
| otherwise have his or her wages, hours, or terms and conditions | 16 |
| of employment adversely affected. | 17 |
| (b) Nothing in this Act shall be construed to require an | 18 |
| individual employee to render labor or service without his or | 19 |
| her consent, nor shall anything in this Act be construed to | 20 |
| make the quitting of his or her labor by an individual employee | 21 |
| an illegal act, nor shall any court issue any process to compel | 22 |
| the performance by an individual employee of such labor or | 23 |
| service, without his or her consent. The quitting of labor by | 24 |
| an employee or employees in good faith because of abnormally | 25 |
| dangerous conditions for work at the place of employment of | 26 |
| such employee or employees shall not be deemed a strike under | 27 |
| this Act. | 28 |
| Section 60. Enforcement. | 29 |
| (a) The State Panel of the Illinois Labor Relations Board | 30 |
| shall have exclusive jurisdiction over enforcement of this Act. | 31 |
| It shall further have the authority to make and revise | 32 |
| administrative rules, including emergency rules, as it deems |
|
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| appropriate to carry out the purposes of this Act. For the | 2 |
| purpose of developing administrative rules, should this Act or | 3 |
| any substantive amendment to this Act be effective immediately, | 4 |
| the immediate effective date shall create an "emergency" within | 5 |
| the meaning of Section 5-45 of the Illinois Administrative | 6 |
| Procedure Act.
| 7 |
| (b) Suits for violation of contracts between an employer | 8 |
| and exclusive representative or between an employer and labor | 9 |
| organization may be brought in the circuit court. Any labor | 10 |
| organization may sue or be sued as an entity and in behalf of | 11 |
| the employees whom it represents. Any money judgment against a | 12 |
| labor organization shall be enforceable only against the | 13 |
| organization as an entity and against its assets, and shall not | 14 |
| be enforceable against any individual member or his or her | 15 |
| assets.".
|
|