Full Text of SB1474 101st General Assembly
SB1474eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Collective Bargaining Freedom Act. | 6 | | Section 5. Policy. It is the policy of the State of | 7 | | Illinois that employers, employees, and their labor | 8 | | organizations are free to negotiate collectively. It is also | 9 | | the policy of the State of Illinois that employers, employees, | 10 | | and their labor organizations may freely negotiate union | 11 | | security agreements, including, but not limited to, those | 12 | | requiring dues to be paid to a labor organization as permitted | 13 | | under 29 U.S.C. 158(a)(3). It is further the policy of the | 14 | | State of Illinois that no local government or political | 15 | | subdivision may create or enforce any local law, ordinance, | 16 | | regulation, rule, or the like that by design or application | 17 | | prohibits, restricts, tends to restrict, or regulates the use | 18 | | of union security agreements between a labor organization and | 19 | | an employer as permitted under 29 U.S.C. 158(a)(3). | 20 | | Section 10. Definitions. In this Act: | 21 | | "Employer" includes any person acting as an agent of an | 22 | | employer, directly or indirectly, but does not include the |
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| 1 | | United States or any wholly owned government corporation, or | 2 | | any Federal Reserve Bank, or any State or political subdivision | 3 | | thereof, or any person subject to the Railway Labor Act, 45 | 4 | | U.S.C. 151 et seq., as amended from time to time, or any labor | 5 | | organization (other than when acting as an employer), or anyone | 6 | | acting in the capacity of officer or agent of such labor | 7 | | organization. | 8 | | "Interested party" means a person with an interest in | 9 | | compliance with this Act. | 10 | | "Labor organization" means any organization of any kind, or | 11 | | any agency or employee representation committee or plan, in | 12 | | which employees participate and that exists for the purpose, in | 13 | | whole or in part, of dealing with employers concerning | 14 | | grievances, labor disputes, wages, rates of pay, hours of | 15 | | employment, or conditions of work. | 16 | | "Local government" and "political subdivision" include, | 17 | | but are not limited to, any county, city, town, township, | 18 | | village, municipality or subdivision thereof, airport | 19 | | authority, cemetery district, State college or university, | 20 | | community college, conservation district, drainage district, | 21 | | electric agency, exposition and auditorium authority, fire | 22 | | protection district, flood prevention district, forest | 23 | | preserve district, home equity program, hospital district, | 24 | | housing authority, joint action water agency, mass transit | 25 | | district, mosquito abatement district, multi-township | 26 | | assessment district, museum district, natural gas agency, park |
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| 1 | | district, planning agency, port district, public building | 2 | | commission, public health district, public library district, | 3 | | public water district, rescue squad district, river | 4 | | conservancy district, road and bridge district, road district, | 5 | | sanitary district, school district, soil and water | 6 | | conservation district, solid waste agency, special recreation | 7 | | association, street lighting district, surface water district, | 8 | | transportation authority, water authority, water commission, | 9 | | water reclamation district, water service district, municipal | 10 | | corporation, and any other district, agency, or political | 11 | | subdivision authorized to legislate or enact laws affecting its | 12 | | respective jurisdiction, notwithstanding such local government | 13 | | or political subdivision's authority to exercise any power and | 14 | | perform any function pertaining to its government and affairs | 15 | | granted to it by the Illinois Constitution, a law, or | 16 | | otherwise. | 17 | | Section 15. Private sector union security agreements. | 18 | | Employers and labor organizations covered by the National Labor | 19 | | Relations Act may, anywhere within the entire State of | 20 | | Illinois, execute and apply agreements requiring membership in | 21 | | a labor organization as a condition of employment to the full | 22 | | extent authorized by the National Labor Relations Act. | 23 | | Section 20. Authority to enact legislation affecting union | 24 | | security agreements. |
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| 1 | | (a) The authority to enact any legislation, law, ordinance, | 2 | | rule, regulation, or the like that by design or application | 3 | | prohibits, restricts, tends to restrict, or regulates in any
| 4 | | manner the use of union security agreements between an employer | 5 | | and labor organization as authorized under 29 U.S.C. 164(b) | 6 | | vests exclusively with the General Assembly. | 7 | | (b) No local government or political subdivision is | 8 | | permitted to enact or enforce any local law, ordinance, rule, | 9 | | regulation, or the like that by design or application | 10 | | prohibits, restricts, tends to restrict, or regulates the use | 11 | | of union security agreements between an employer and labor | 12 | | organization as authorized under 29 U.S.C. 158(a)(3). | 13 | | (c) Nothing in this Act shall be construed as prohibiting | 14 | | the General Assembly from enacting legislation barring the | 15 | | execution or application of union security agreements as | 16 | | authorized under 29 U.S.C. 164(b). | 17 | | (d) This Act is a denial and limitation of home rule powers | 18 | | and functions under subsection (h) of Section 6 of Article VII | 19 | | of the Illinois Constitution. | 20 | | Section 25. Private right of action. Any interested party | 21 | | aggrieved by a violation of this Act or any rule adopted under | 22 | | this Act by any local government or political subdivision as | 23 | | described in this Act may file suit in circuit court, in the | 24 | | county where the alleged violation occurred or where any person | 25 | | who is a party to the action resides. Actions may be brought by |
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| 1 | | one or more persons for and on behalf of themselves and other | 2 | | persons similarly situated. | 3 | | Section 30. Violation and liability. Any officer, | 4 | | representative, director, elected official, or the like of any | 5 | | local government or political subdivision, or agent thereof, | 6 | | who knowingly or willfully violates this Act, or who knowingly | 7 | | or willfully fails to comply with this Act, is guilty of a | 8 | | Class A misdemeanor. Any legislation, rule, law, ordinance, or | 9 | | otherwise that restricts or prohibits in any manner the use of | 10 | | union security agreements between an employer and labor | 11 | | organization as authorized under 29 U.S.C. 158(a)(3) is a | 12 | | violation of this Act and void. | 13 | | Section 35. Severability. If any Section, sentence, | 14 | | clause, or part of this Act is for any reason held to be | 15 | | unconstitutional, such decision shall not affect the remaining | 16 | | portions of this Act. The General Assembly hereby declares that | 17 | | it would have passed this Act, and each Section, sentence, | 18 | | clause, or part thereof, irrespective of the fact that one or | 19 | | more Sections, sentences, clauses, or parts might be declared | 20 | | unconstitutional.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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