Full Text of HB5427 96th General Assembly
HB5427 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5427
Introduced 2/5/2010, by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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New Act |
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5 ILCS 315/28 new |
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Creates the Mass Transit District Labor Relations Act. Provides that no public employee or employee organization of a mass transit district shall engage in a strike, and no public employee or employee organization of a mass transit district shall cause, instigate, encourage, or condone a strike. Contains provisions concerning penalties, payroll deductions, objections, and injunctive relief. Amends the Illinois Public Labor Relations Act to make conforming changes. Effective immediately.
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A BILL FOR
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HB5427 |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Mass | 5 |
| Transit District Labor Relations Act. | 6 |
| Section 5. Strikes prohibited. No public employee or | 7 |
| employee organization of a mass transit district may engage in | 8 |
| a strike, and no public employee or employee organization of a | 9 |
| mass transit district may cause, instigate, encourage, or | 10 |
| condone a strike. | 11 |
| Section 10. Violations and penalties; presumption; | 12 |
| prohibition against consent to strike; determination; notice; | 13 |
| probation; payroll deductions; objections; and restoration. | 14 |
| (a) Violations and penalties. A public employee violates | 15 |
| this Act by engaging in a strike or violating subsection (c) of | 16 |
| this Section and is liable as provided in this Section. In | 17 |
| addition, any public employee who violates Section 5 of this | 18 |
| Act may be subject to removal or other disciplinary action for | 19 |
| misconduct. | 20 |
| (b) Presumption. For purposes of this Act, an employee who | 21 |
| is absent from work without permission or who abstains wholly | 22 |
| or in part from the full performance of his or her duties in |
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| the normal manner without permission on the date when a strike | 2 |
| occurs, is presumed to have engaged in the strike on that date. | 3 |
| (c) Prohibition against consent to strike. No person | 4 |
| exercising any authority, supervision, or direction over any | 5 |
| public employee on the behalf of any public employer has the | 6 |
| power to authorize, approve, condone, or consent to a strike or | 7 |
| to the engaging in a strike by one or more public employees, | 8 |
| and that person shall not authorize, approve, condone, or | 9 |
| consent to that strike or engagement. | 10 |
| (d) Determination. If it appears that a violation of this | 11 |
| Act may have occurred, then the chief executive officer of the | 12 |
| unit of local government involved shall, on the basis of any | 13 |
| investigation and affidavits that he or she deems to be | 14 |
| appropriate, determine whether or not a violation has occurred | 15 |
| and the date or dates of the violation. If the chief executive | 16 |
| officer determines that a violation has occurred, he or she | 17 |
| shall further determine, on the basis of any further | 18 |
| investigation and affidavits that he or she deems to be | 19 |
| appropriate, the names of employees who committed the violation | 20 |
| and the date or dates thereof. That determination is not deemed | 21 |
| to be final until the completion of the procedures provided for | 22 |
| in this Act. | 23 |
| (e) Notice. The chief executive officer shall forthwith | 24 |
| notify each employee that he or she has been found to have | 25 |
| committed a violation, of the date or dates of the violation, | 26 |
| and of his or her right to object to the determination in |
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| accordance with subsection (g) of this Section. He or she shall | 2 |
| also notify the chief fiscal officer of the unit of local | 3 |
| government of the names of all such employees and of the total | 4 |
| number of days, or part thereof, on which he or she determined | 5 |
| that a violation occurred. The notice to each employee must be | 6 |
| by personal service or by certified mail to the employee's last | 7 |
| address filed with the employer. | 8 |
| In cases regarding an employee governed under the Regional | 9 |
| Transportation Authority Act or the Metropolitan Transit | 10 |
| Authority Act, the chief executive officer is the Executive | 11 |
| Director of the Regional Transportation Authority. | 12 |
| (f) Payroll deductions. Not earlier than 30 nor later than | 13 |
| 90 days following the date of a determination, the chief fiscal | 14 |
| officer of the unit of local government involved shall deduct | 15 |
| from the compensation of each such employee an amount equal to | 16 |
| twice his or her daily rate of pay for each day or part thereof | 17 |
| that it was determined that he or she had violated this Act. | 18 |
| The rate of pay must be computed as of the time of the | 19 |
| violation. In computing the deduction, a credit is allowed for | 20 |
| amounts already withheld from the employee's compensation on | 21 |
| account of absence from work or other withholding of services | 22 |
| on the day or days. In computing the 30-day to 90-day period of | 23 |
| time following the determination of a violation pursuant to | 24 |
| subsection (d) of this Section and when the employee's annual | 25 |
| compensation is paid over a period of time that is less than 52 | 26 |
| weeks, that period of time between the last day of the last |
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| payroll period of the employment term in which the violation | 2 |
| occurred and the first day of the first payroll period of the | 3 |
| next succeeding employment term is disregarded and not counted. | 4 |
| (g) Objections and restoration. Any employee who has been | 5 |
| determined to have violated this Act may object to that | 6 |
| determination by filing his or her sworn affidavit, supported | 7 |
| by available documentary proof, containing a short and plain | 8 |
| statement of the facts upon which he or she relies to show that | 9 |
| the determination was incorrect. The affidavit shall be subject | 10 |
| to the penalties of perjury. The affidavit must be submitted to | 11 |
| the chief executive officer within 20 days after the date on | 12 |
| which notice was served or mailed to him or her pursuant to | 13 |
| paragraph (e) of this Section. If the chief executive officer | 14 |
| determines that the affidavit and supporting proof establishes | 15 |
| that the employee did not violate this Act, then he or she | 16 |
| shall sustain the objection. If the chief executive officer | 17 |
| determines that the affidavit and supporting proof fails to | 18 |
| establish that the employee did not violate this subdivision, | 19 |
| he or she shall dismiss the objection and so notify the | 20 |
| employee. If the chief executive officer determines that the | 21 |
| affidavit and supporting proof raises a question of fact that, | 22 |
| if resolved in favor of the employee, would establish that the | 23 |
| employee did not violate this subdivision, he or she shall | 24 |
| appoint a hearing officer to determine whether in fact the | 25 |
| employee did violate this Act after a hearing at which the | 26 |
| employee shall bear the burden of proof. If the hearing officer |
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| determines that the employee failed to establish that he or she | 2 |
| did not violate this Act, the chief executive officer shall so | 3 |
| notify the employee. If the chief executive officer sustains an | 4 |
| objection or the hearing officer determines on a preponderance | 5 |
| of the evidence that the employee did not violate this | 6 |
| subdivision, the chief executive officer shall forthwith | 7 |
| notify the chief fiscal officer who shall thereupon cease all | 8 |
| further deductions and refund any deductions previously made | 9 |
| pursuant to this Section. The determinations provided in this | 10 |
| paragraph are reviewable pursuant to the Administrative Review | 11 |
| Law. | 12 |
| Section 15. Disciplinary action; employee organizations. | 13 |
| (a) An employee organization that is determined to have | 14 |
| violated this Act is subject to disciplinary action in | 15 |
| accordance with the provisions of this Section. | 16 |
| (b) If it appears that a violation of this Act may have | 17 |
| occurred, it is the duty of the chief executive officer of the | 18 |
| public employer involved (i) forthwith to so notify the board | 19 |
| and the chief legal officer of the government involved and (ii) | 20 |
| to provide the Illinois Labor Relations Board and that chief | 21 |
| legal officer with such facilities, assistance, and data as | 22 |
| will enable the Board and the chief legal officer to carry out | 23 |
| their duties under this Section. | 24 |
| (c) If it appears that a violation of this Act may have | 25 |
| occurred, the chief legal officer of the government involved, |
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| or the Board on its own motion, shall forthwith institute | 2 |
| proceedings before the Board to determine whether the employee | 3 |
| organization has violated the provisions of this Act. | 4 |
| (d) Proceedings against an employee organization under | 5 |
| this Section must be commenced by service upon it of a written | 6 |
| notice, together with a copy of the charges. A copy of the | 7 |
| notice and charges must also be served, for their information, | 8 |
| upon the appropriate government officials who recognize that | 9 |
| employee organization and grant to it the rights accompanying | 10 |
| that recognition. The employee organization has 8 days within | 11 |
| which to serve its written answer to the charges. The Board's | 12 |
| hearing must be held promptly thereafter, and at the hearing, | 13 |
| the parties may be represented by counsel and may summon | 14 |
| witnesses in their behalf. Compliance with the technical rules | 15 |
| of evidence is not required. | 16 |
| (e) In determining whether an employee organization has | 17 |
| violated this Act, the Board shall consider (i) whether the | 18 |
| employee organization called the strike or tried prevent it and | 19 |
| (ii) whether the employee organization made or was making good | 20 |
| faith efforts to terminate the strike. | 21 |
| (f) If the Board determines that an employee organization | 22 |
| has violated the provisions of this Act, the Board shall order | 23 |
| forfeiture of the employee organization's rights for such | 24 |
| specified period of time as the Board shall determine, or, in | 25 |
| the discretion of the Board, for an indefinite period of time | 26 |
| subject to restoration upon application, with notice to all |
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| interested parties, supported by proof of good faith compliance | 2 |
| with the requirements of this Section since the date of the | 3 |
| violation, that proof to include, for example, the successful | 4 |
| negotiation, without a violation of this Act, of a contract | 5 |
| covering the employees in the unit affected by the violation. | 6 |
| If, however, a fine imposed on an employee organization remains | 7 |
| wholly or partly unpaid after the exhaustion of the cash and | 8 |
| securities of the employee organization, then the Board shall | 9 |
| direct that, notwithstanding the forfeiture, the membership | 10 |
| dues deduction are continued to the extent necessary to pay the | 11 |
| fine and the public employer shall transmit the moneys to the | 12 |
| court. In fixing the duration of the forfeiture, the Board | 13 |
| shall consider all the relevant facts and circumstances, | 14 |
| including but not limited to: (i) the extent of any willful | 15 |
| defiance of this Act, (ii) the impact of the strike on the | 16 |
| public health, safety, and welfare of the community, and (iii) | 17 |
| the financial resources of the employee organization. | 18 |
| Additionally, the Board may consider (i) the refusal of the | 19 |
| employee organization or the appropriate public employer or the | 20 |
| representative thereof, to submit to the mediation and | 21 |
| fact-finding procedures provided in this Act and (ii) whether, | 22 |
| if so alleged by the employee organization, the appropriate | 23 |
| public employer or its representatives engaged in such acts of | 24 |
| extreme provocation as to detract from the responsibility of | 25 |
| the employee organization for the strike. In determining the | 26 |
| financial resources of the employee organization, the Board |
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| shall consider both the income and the assets of the employee | 2 |
| organization. If membership dues are collected by the public | 3 |
| employer, then the books and records of the public employer are | 4 |
| prima facie evidence of the amount so collected. | 5 |
| (g) An employee organization whose rights have been ordered | 6 |
| forfeited under this Section may be granted those rights after | 7 |
| the termination of the forfeiture only after complying with the | 8 |
| provisions of this Act. | 9 |
| (h) No compensation may be paid by a public employer to a | 10 |
| public employee with respect to any day or part thereof when | 11 |
| that employee is engaged in a strike against the employer. The | 12 |
| chief fiscal officer of the government involved shall withhold | 13 |
| compensation upon receipt of the notice; notwithstanding the | 14 |
| failure to have received that notice, no public employee or | 15 |
| officer having knowledge that the employee has so engaged in a | 16 |
| strike may deliver or cause to be delivered to that employee | 17 |
| any cash, check, or payment that, in whole or in part, | 18 |
| represents compensation. | 19 |
| Section 20. Public report. Within 60 days after the | 20 |
| termination of a strike, the chief executive officer of the | 21 |
| government involved shall prepare and make public a report in | 22 |
| writing, which shall contain the following information: (i) the | 23 |
| circumstances surrounding the commencement of the strike, (ii) | 24 |
| the efforts used to terminate the strike, (iii) the names of | 25 |
| those public employees whom the public officer or body had |
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| reason to believe were responsible for causing, instigating, or | 2 |
| encouraging the strike and the varying degrees of individual | 3 |
| responsibility, and (iv) the sanctions imposed or proceedings | 4 |
| pending against each individual public employee. | 5 |
| Section 25. Application for injunctive relief. | 6 |
| Notwithstanding any other provision of law, if it appears that | 7 |
| public employees or an employee organization threaten or are | 8 |
| about to do, or are doing, an act in violation this Act, the | 9 |
| chief executive officer of the government involved shall (i) | 10 |
| forthwith notify the chief legal officer of the government | 11 |
| involved and (ii) provide that chief legal officer with such | 12 |
| facilities, assistance, and data as will enable the chief legal | 13 |
| officer to carry out his or her duties under this Section, and, | 14 |
| notwithstanding the failure or refusal of the chief executive | 15 |
| officer to so act, the chief legal officer of the government | 16 |
| involved shall forthwith apply to the circuit court for | 17 |
| injunctive relief.
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| Section 70. The Illinois Public Labor Relations Act is | 19 |
| amended by adding Section 28 as follows: | 20 |
| (5 ILCS 315/28 new)
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| Sec. 28. Mass transit workers. Beginning on the effective | 22 |
| date of this amendatory Act of the 96th General Assembly, | 23 |
| public employees and employee organizations of mass transit |
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| districts are subject to the provisions of the Mass Transit | 2 |
| District Labor Relations Act, as well as to the provisions of | 3 |
| this Act. To the extent of any conflict, the provisions of the | 4 |
| Mass Transit District Labor Relations Act control over the | 5 |
| provisions of this Act.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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