Full Text of HB2521 102nd General Assembly
HB2521eng 102ND 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 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 9 and 10 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 | 17 | | currently 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, the Board
shall |
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| 1 | | investigate such petition, and if it has reasonable cause | 2 | | to believe
that a question of representation exists, shall | 3 | | provide for an appropriate
hearing upon due notice. Such | 4 | | hearing shall be held at the offices of
the Board or such | 5 | | other location as the Board deems appropriate.
If it finds | 6 | | upon the record of the hearing that a question of
| 7 | | representation exists, it shall direct an election in | 8 | | accordance with
subsection (d) of this Section, which | 9 | | election shall be held not later than
120 days after the | 10 | | date the petition was filed regardless of whether that
| 11 | | petition was filed before or after the effective date of | 12 | | this amendatory
Act of 1987; provided, however, the Board | 13 | | may extend the time for holding an
election by an | 14 | | additional 60 days if, upon motion by a person who has | 15 | | filed
a petition under this Section or is the subject of a | 16 | | petition filed under
this Section and is a party to such | 17 | | hearing, or upon the Board's own
motion, the Board finds | 18 | | that good cause has been shown for extending the
election | 19 | | date; provided further, that nothing in this Section shall | 20 | | prohibit
the Board, in its discretion, from extending the | 21 | | time for holding an
election for so long as may be | 22 | | necessary under the circumstances, where the
purpose for | 23 | | such extension is to permit resolution by the Board of an
| 24 | | unfair labor practice charge filed by one of the parties | 25 | | to a
representational proceeding against the other based | 26 | | upon conduct which may
either affect the existence of a |
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| 1 | | question concerning representation or have
a tendency to | 2 | | interfere with a fair and free election, where the party
| 3 | | filing the charge has not filed a request to proceed with | 4 | | the election; and
provided further that prior to the | 5 | | expiration of the total time allotted
for holding an | 6 | | election, a person who has filed a petition under this
| 7 | | Section or is the subject of a petition filed under this | 8 | | Section and is a
party to such hearing or the Board, may | 9 | | move for and obtain the entry
of an order in the circuit | 10 | | court of the county in which the majority of the
public | 11 | | employees sought to be represented by such person reside, | 12 | | such order
extending the date upon which the election | 13 | | shall be held. Such order shall
be issued by the circuit | 14 | | court only upon a judicial finding that there has
been a | 15 | | sufficient showing that there is good cause to extend the | 16 | | election
date beyond such period and shall require the | 17 | | Board to hold the
election as soon as is feasible given the | 18 | | totality of the circumstances.
Such 120 day period may be | 19 | | extended one or more times by the agreement
of all parties | 20 | | to the hearing to a date certain without the necessity of
| 21 | | obtaining a court order. The showing of interest in | 22 | | support of a petition filed under paragraph (1) of this | 23 | | subsection (a) may be evidenced by electronic | 24 | | communications, and such writing or communication may be | 25 | | evidenced by the electronic signature of the employee as | 26 | | provided under Section 5-120 of the Electronic Commerce |
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| 1 | | Security Act. The showing of interest shall be valid only | 2 | | if signed within 12 months prior to the filing of the | 3 | | petition. Nothing in this Section prohibits the waiving
of | 4 | | hearings by stipulation for the purpose of a consent | 5 | | election in conformity
with the rules and regulations of | 6 | | the Board or an election in a unit agreed
upon by the | 7 | | parties. Other interested employee organizations may | 8 | | intervene
in the proceedings in the manner and within the | 9 | | time period specified by
rules and regulations of the | 10 | | Board. Interested parties who are necessary
to the | 11 | | proceedings may also intervene in the proceedings in the | 12 | | manner and
within the time period specified by the rules | 13 | | and regulations of the Board.
| 14 | | (a-5) The Board shall designate an exclusive | 15 | | representative for purposes
of
collective bargaining when the | 16 | | representative demonstrates a showing of
majority interest by | 17 | | employees in the unit. If the parties to a dispute are
without
| 18 | | agreement on the means to ascertain the choice, if any, of | 19 | | employee
organization
as their representative, the Board shall | 20 | | ascertain the employees' choice of
employee organization, on | 21 | | the basis of dues deduction authorization or other
evidence, | 22 | | or, if necessary, by conducting an election. The showing of | 23 | | interest in support of a petition filed under this subsection | 24 | | (a-5) may be evidenced by electronic communications, and such | 25 | | writing or communication may be evidenced by the electronic | 26 | | signature of the employee as provided under Section 5-120 of |
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| 1 | | the Electronic Commerce Security Act. The showing of interest | 2 | | shall be valid only if signed within 12 months prior to the | 3 | | filing of the petition. All evidence submitted by an employee | 4 | | organization to the Board to ascertain an employee's choice of | 5 | | an employee organization is confidential and shall not be | 6 | | submitted to the employer for review. The Board shall | 7 | | ascertain the employee's choice of employee organization | 8 | | within 120 days after the filing of the majority interest | 9 | | petition; however, the Board may extend time by an additional | 10 | | 60 days, upon its own motion or upon the motion of a party to | 11 | | the proceeding. If either party provides
to the Board, before | 12 | | the designation of a representative, clear and convincing
| 13 | | evidence that the dues deduction authorizations, and other | 14 | | evidence upon which
the Board would otherwise rely to | 15 | | ascertain the employees' choice of
representative, are | 16 | | fraudulent or were obtained through coercion, the Board
shall | 17 | | promptly thereafter conduct an election. The Board shall also | 18 | | investigate
and consider a party's allegations that the dues | 19 | | deduction authorizations and
other evidence submitted in | 20 | | support of a designation of representative without
an election | 21 | | were subsequently changed, altered, withdrawn, or withheld as | 22 | | a
result of employer fraud, coercion, or any other unfair | 23 | | labor practice by the
employer. If the Board determines that a | 24 | | labor organization would have had a
majority interest but for | 25 | | an employer's fraud, coercion, or unfair labor
practice, it | 26 | | shall designate the labor organization as an exclusive
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| 1 | | representative without conducting an
election. If a hearing is | 2 | | necessary to resolve any issues of representation under this | 3 | | Section, the Board shall conclude its hearing process and | 4 | | issue a certification of the entire appropriate unit not later | 5 | | than 120 days after the date the petition was filed. The | 6 | | 120-day period may be extended one or more times by the | 7 | | agreement of all parties to a hearing to a date certain.
| 8 | | (a-6) A labor organization or an employer may file a unit | 9 | | clarification petition seeking to clarify an existing | 10 | | bargaining unit. The Board shall conclude its investigation, | 11 | | including any hearing process deemed necessary, and issue a | 12 | | certification of clarified unit or dismiss the petition not | 13 | | later than 120 days after the date the petition was filed. The | 14 | | 120-day period may be extended one or more times by the | 15 | | agreement of all parties to a hearing to a date certain. | 16 | | (b) The Board shall decide in each case, in order to assure | 17 | | public employees
the fullest freedom in exercising the rights | 18 | | guaranteed by this Act, a unit
appropriate for the purpose of | 19 | | collective bargaining, based upon but not
limited to such | 20 | | factors as: historical pattern of recognition; community
of | 21 | | interest including employee skills and functions; degree of | 22 | | functional
integration; interchangeability and contact among | 23 | | employees; fragmentation
of employee groups; common | 24 | | supervision, wages, hours and other working
conditions of the | 25 | | employees involved; and the desires of the employees.
For | 26 | | purposes of this subsection, fragmentation shall not be the |
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| 1 | | sole or
predominant factor used by the Board in determining an | 2 | | appropriate
bargaining unit. Except with respect to non-State | 3 | | fire fighters and
paramedics employed by fire departments and | 4 | | fire protection districts,
non-State peace officers and peace | 5 | | officers in the State
Department of State Police, a single | 6 | | bargaining unit determined by the
Board may not include both | 7 | | supervisors and nonsupervisors, except for
bargaining units in | 8 | | existence on the effective date of this Act. With
respect to | 9 | | non-State fire fighters and paramedics employed by fire
| 10 | | departments and fire protection districts, non-State peace | 11 | | officers and
peace officers in the State Department of State | 12 | | Police, a single bargaining
unit determined by the Board may | 13 | | not include both supervisors and
nonsupervisors, except for | 14 | | bargaining units in existence on the effective
date of this | 15 | | amendatory Act of 1985.
| 16 | | In cases involving an historical pattern of recognition, | 17 | | and in cases where
the employer has recognized the union as the | 18 | | sole and exclusive bargaining
agent for a specified existing | 19 | | unit, the Board shall find the employees
in the unit then | 20 | | represented by the union pursuant to the recognition to
be the | 21 | | appropriate unit.
| 22 | | Notwithstanding the above factors, where the majority of | 23 | | public employees
of a craft so decide, the Board shall | 24 | | designate such craft as a unit
appropriate for the purposes of | 25 | | collective bargaining.
| 26 | | The Board shall not decide that any unit is appropriate if |
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| 1 | | such unit
includes both professional and nonprofessional | 2 | | employees, unless a majority
of each group votes for inclusion | 3 | | in such unit.
| 4 | | (c) Nothing in this Act shall interfere with or negate the | 5 | | current
representation rights or patterns and practices of | 6 | | labor organizations
which have historically represented public | 7 | | employees for the purpose of
collective bargaining, including | 8 | | but not limited to the negotiations of
wages, hours and | 9 | | working conditions, discussions of employees' grievances,
| 10 | | resolution of jurisdictional disputes, or the establishment | 11 | | and maintenance
of prevailing wage rates, unless a majority of | 12 | | employees so represented
express a contrary desire pursuant to | 13 | | the procedures set forth in this Act.
| 14 | | (d) In instances where the employer does not voluntarily | 15 | | recognize a labor
organization as the exclusive bargaining | 16 | | representative for a unit of
employees, the Board shall | 17 | | determine the majority representative of the
public employees | 18 | | in an appropriate collective bargaining unit by conducting
a | 19 | | secret ballot election, except as otherwise provided in | 20 | | subsection (a-5). Such a secret ballot election may be | 21 | | conducted electronically, using an electronic voting system, | 22 | | in addition to paper ballot voting systems.
Within 7 days | 23 | | after the Board issues its
bargaining unit determination and | 24 | | direction of election or the execution of
a stipulation for | 25 | | the purpose of a consent election, the public employer
shall | 26 | | submit to the labor organization the complete names and |
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| 1 | | addresses of
those employees who are determined by the Board | 2 | | to be eligible to
participate in the election. When the Board | 3 | | has determined that a labor
organization has been fairly and | 4 | | freely chosen by a majority of employees
in an appropriate | 5 | | unit, it shall certify such organization as the exclusive
| 6 | | representative. If the Board determines that a majority of | 7 | | employees in an
appropriate unit has fairly and freely chosen | 8 | | not to be represented by a
labor organization, it shall so | 9 | | certify. The Board may also revoke the
certification of the | 10 | | public employee organizations as exclusive bargaining
| 11 | | representatives which have been found by a secret ballot | 12 | | election to be no
longer the majority representative.
| 13 | | (e) The Board shall not conduct an election in any | 14 | | bargaining unit or
any subdivision thereof within which a | 15 | | valid election has been held in the
preceding 12-month period. | 16 | | The Board shall determine who is eligible to
vote in an | 17 | | election and shall establish rules governing the conduct of | 18 | | the
election or conduct affecting the results of the election. | 19 | | The Board shall
include on a ballot in a representation | 20 | | election a choice of "no
representation". A labor organization | 21 | | currently representing the bargaining
unit of employees shall | 22 | | be placed on the ballot in any representation
election. In any | 23 | | election where none of the choices on the ballot receives
a | 24 | | majority, a runoff election shall be conducted between the 2 | 25 | | choices
receiving the largest number of valid votes cast in | 26 | | the election. A labor
organization which receives a majority |
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| 1 | | of the votes cast in an election
shall be certified by the | 2 | | Board as exclusive representative of all public
employees in | 3 | | the unit.
| 4 | | (f) A labor
organization shall be designated as the | 5 | | exclusive representative by a
public employer, provided that | 6 | | the labor
organization represents a majority of the public | 7 | | employees in an
appropriate unit. Any employee organization | 8 | | which is designated or selected
by the majority of public | 9 | | employees, in a unit of the public employer
having no other | 10 | | recognized or certified representative, as their
| 11 | | representative for purposes of collective bargaining may | 12 | | request
recognition by the public employer in writing. The | 13 | | public employer shall
post such request for a period of at | 14 | | least 20 days following its receipt
thereof on bulletin boards | 15 | | or other places used or reserved for employee
notices.
| 16 | | (g) Within the 20-day period any other interested employee | 17 | | organization
may petition the Board in the manner specified by | 18 | | rules and regulations
of the Board, provided that such | 19 | | interested employee organization has been
designated by at | 20 | | least 10% of the employees in an appropriate bargaining
unit | 21 | | which includes all or some of the employees in the unit | 22 | | recognized
by the employer. In such event, the Board shall | 23 | | proceed with the petition
in the same manner as provided by | 24 | | paragraph (1) of subsection (a) of this
Section.
| 25 | | (h) No election shall be directed by the Board in any | 26 | | bargaining unit
where there is in force a valid collective |
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| 1 | | bargaining agreement. The Board,
however, may process an | 2 | | election petition filed between 90 and 60 days prior
to the | 3 | | expiration of the date of an agreement, and may further | 4 | | refine, by
rule or decision, the implementation of this | 5 | | provision.
Where more than 4 years have elapsed since the | 6 | | effective date of the agreement,
the agreement shall continue | 7 | | to bar an election, except that the Board may
process an | 8 | | election petition filed between 90 and 60 days prior to the end | 9 | | of
the fifth year of such an agreement, and between 90 and 60 | 10 | | days prior to the
end of each successive year of such | 11 | | agreement.
| 12 | | (i) An order of the Board dismissing a representation | 13 | | petition,
determining and certifying that a labor organization | 14 | | has been fairly and
freely chosen by a majority of employees in | 15 | | an appropriate bargaining unit,
determining and certifying | 16 | | that a labor organization has not been fairly
and freely | 17 | | chosen by a majority of employees in the bargaining unit or
| 18 | | certifying a labor organization as the exclusive | 19 | | representative of
employees in an appropriate bargaining unit | 20 | | because of a determination by
the Board that the labor | 21 | | organization is the historical bargaining
representative of | 22 | | employees in the bargaining unit, is a final order. Any
person | 23 | | aggrieved by any such order issued on or after the effective | 24 | | date of
this amendatory Act of 1987 may apply for and obtain | 25 | | judicial review in
accordance with provisions of the | 26 | | Administrative Review Law, as now or
hereafter amended, except |
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| 1 | | that such review shall be afforded directly in
the Appellate | 2 | | Court for the district in which the aggrieved party resides
or | 3 | | transacts business.
Any direct appeal to the Appellate Court | 4 | | shall be filed within 35 days from
the date that a copy of the | 5 | | decision sought to be reviewed was served upon the
party | 6 | | affected by the decision.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| 8 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| 9 | | Sec. 10. Unfair labor practices.
| 10 | | (a) It shall be an unfair labor practice
for an employer or | 11 | | its agents:
| 12 | | (1) to interfere with, restrain or coerce public | 13 | | employees in the
exercise of the rights guaranteed in this | 14 | | Act or to dominate or interfere
with the formation, | 15 | | existence or administration of any labor organization
or | 16 | | contribute financial or other support to it; provided, an | 17 | | employer shall
not be prohibited from permitting employees | 18 | | to confer with him during
working hours without loss of | 19 | | time or pay;
| 20 | | (2) to discriminate in regard to hire or tenure of | 21 | | employment or any term
or condition of employment in order | 22 | | to encourage or discourage membership
in or other support | 23 | | for any labor organization. Nothing in this Act or any
| 24 | | other law precludes a public employer from making an | 25 | | agreement with a labor
organization to require as a |
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| 1 | | condition of employment the payment of a fair
share under | 2 | | paragraph (e) of Section 6;
| 3 | | (3) to discharge or otherwise discriminate against a | 4 | | public employee because
he has signed or filed an | 5 | | affidavit, petition or charge or provided any
information | 6 | | or testimony under this Act;
| 7 | | (4) to refuse to bargain collectively in good faith | 8 | | with a labor
organization which is the exclusive | 9 | | representative of public employees in
an appropriate unit, | 10 | | including, but not limited to, the discussing of
| 11 | | grievances with the exclusive representative;
| 12 | | (5) to violate any of the rules and regulations | 13 | | established by the Board
with jurisdiction over them | 14 | | relating to the conduct of representation elections
or the | 15 | | conduct affecting the representation elections;
| 16 | | (6) to expend or cause the expenditure of public funds | 17 | | to any external
agent, individual, firm, agency, | 18 | | partnership or association in any attempt
to influence the | 19 | | outcome of representational elections held pursuant to
| 20 | | Section 9 of this Act; provided, that nothing in this | 21 | | subsection shall be
construed to limit an employer's right | 22 | | to internally communicate with its
employees as provided | 23 | | in subsection (c) of this Section, to be represented
on | 24 | | any matter pertaining to unit determinations, unfair labor | 25 | | practice
charges or pre-election conferences in any formal | 26 | | or informal proceeding
before the Board, or to seek or |
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| 1 | | obtain advice from legal counsel.
Nothing in this | 2 | | paragraph shall be construed to prohibit an employer from
| 3 | | expending or causing the expenditure of public funds on, | 4 | | or seeking or
obtaining services or advice from, any | 5 | | organization, group, or association
established by and | 6 | | including public or educational employers, whether
covered | 7 | | by this Act, the Illinois Educational Labor Relations Act | 8 | | or the
public employment labor relations law of any other | 9 | | state or the federal
government, provided that such | 10 | | services or advice are generally available
to the | 11 | | membership of the organization, group or association, and | 12 | | are not
offered solely in an attempt to influence the | 13 | | outcome of a particular
representational election;
| 14 | | (7) to refuse to reduce a collective bargaining | 15 | | agreement to writing
or to refuse to sign such agreement;
| 16 | | (8) to interfere with, restrain, coerce, deter, or | 17 | | discourage public employees or applicants to be public | 18 | | employees from: (i) becoming or remaining members of a | 19 | | labor organization; (ii) authorizing representation by a | 20 | | labor organization; or (iii) authorizing dues or fee | 21 | | deductions to a labor organization, nor shall the employer | 22 | | intentionally permit outside third parties to use its | 23 | | email or other communication systems to engage in that | 24 | | conduct. An employer's good faith implementation of a | 25 | | policy to block the use of its email or other | 26 | | communication systems for such purposes shall be a defense |
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| 1 | | to an unfair labor practice; or | 2 | | (9) to disclose to any person or entity information | 3 | | set forth in subsection (c-5) of Section 6 of this Act that | 4 | | the employer knows or should know will be used to | 5 | | interfere with, restrain, coerce, deter, or discourage any | 6 | | public employee from: (i) becoming or remaining members of | 7 | | a labor organization, (ii) authorizing representation by a | 8 | | labor organization, or (iii) authorizing dues or fee | 9 | | deductions to a labor organization ; or . | 10 | | (10) to promise, threaten, or take any action: (i) to | 11 | | permanently replace an employee who participates in a | 12 | | strike as provided under Section 17; (ii) to discriminate | 13 | | against an employee who is working or has unconditionally | 14 | | offered to return to work for the employer because the | 15 | | employee supported or participated in such a strike; or | 16 | | (iii) to lockout, suspend, or otherwise withhold | 17 | | employment from employees in order to influence the | 18 | | position of such employees or the representative of such | 19 | | employees in collective bargaining prior to a strike. | 20 | | (b) It shall be an unfair labor practice for a labor | 21 | | organization or its agents:
| 22 | | (1) to restrain or coerce public employees in the | 23 | | exercise of the rights
guaranteed in this Act, provided, | 24 | | (i) that this paragraph shall
not impair the right of a | 25 | | labor organization to prescribe its own rules
with respect | 26 | | to the acquisition or retention of membership therein or |
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| 1 | | the
determination of fair share payments and (ii) that a | 2 | | labor organization
or its agents shall commit an unfair | 3 | | labor practice under this paragraph in
duty of fair | 4 | | representation cases only by intentional misconduct in
| 5 | | representing employees under this Act;
| 6 | | (2) to restrain or coerce a public employer in the | 7 | | selection of his
representatives for the purposes of | 8 | | collective bargaining or the settlement
of grievances; or
| 9 | | (3) to cause, or attempt to cause, an employer to | 10 | | discriminate against
an employee in violation of | 11 | | subsection (a)(2);
| 12 | | (4) to refuse to bargain collectively in good faith | 13 | | with a public employer,
if it has been designated in | 14 | | accordance with the provisions of this Act
as the | 15 | | exclusive representative of public employees in an | 16 | | appropriate unit;
| 17 | | (5) to violate any of the rules and regulations | 18 | | established by the
boards with jurisdiction over them | 19 | | relating to the conduct of
representation elections or the | 20 | | conduct affecting the representation elections;
| 21 | | (6) to discriminate against any employee because he | 22 | | has signed or filed
an affidavit, petition or charge or | 23 | | provided any information or testimony
under this Act;
| 24 | | (7) to picket or cause to be picketed, or threaten to | 25 | | picket or cause
to be picketed, any public employer where | 26 | | an object thereof is forcing or
requiring an employer to |
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| 1 | | recognize or bargain with a labor organization
of the | 2 | | representative of its employees, or forcing or requiring | 3 | | the employees
of an employer to accept or select such | 4 | | labor organization as their collective
bargaining | 5 | | representative, unless such labor organization is | 6 | | currently
certified as the representative of such | 7 | | employees:
| 8 | | (A) where the employer has lawfully recognized in | 9 | | accordance with this
Act any labor organization and a | 10 | | question concerning representation may
not | 11 | | appropriately be raised under Section 9 of this Act;
| 12 | | (B) where within the preceding 12 months a valid | 13 | | election under Section
9 of this Act has been | 14 | | conducted; or
| 15 | | (C) where such picketing has been conducted | 16 | | without a petition under Section
9 being filed within | 17 | | a reasonable period of time not to exceed 30 days from
| 18 | | the commencement of such picketing; provided that when | 19 | | such a petition has
been filed the Board shall | 20 | | forthwith, without regard to the provisions of
| 21 | | subsection (a) of Section 9 or the absence of a showing | 22 | | of a substantial
interest on the part of the labor | 23 | | organization, direct an election in such
unit as the | 24 | | Board finds to be appropriate and shall certify the | 25 | | results
thereof; provided further, that nothing in | 26 | | this subparagraph shall be construed
to prohibit any |
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| 1 | | picketing or other publicity for the purpose of | 2 | | truthfully
advising the public that an employer does | 3 | | not employ members of, or have a
contract with, a labor | 4 | | organization unless an effect of such picketing is
to | 5 | | induce any individual employed by any other person in | 6 | | the course of his
employment, not to pick up, deliver, | 7 | | or transport any goods or not to
perform any services; | 8 | | or
| 9 | | (8) to refuse to reduce a collective bargaining | 10 | | agreement to writing
or to refuse to sign such agreement.
| 11 | | (c) The expressing of any views, argument, or opinion or | 12 | | the
dissemination thereof, whether in written, printed, | 13 | | graphic, or visual
form, shall not constitute or be evidence | 14 | | of an unfair labor practice under
any of the provisions of this | 15 | | Act, if such expression contains no threat of
reprisal or | 16 | | force or promise of benefit.
| 17 | | (d) The employer shall not discourage public employees or | 18 | | applicants to be public employees from becoming or remaining | 19 | | union members or authorizing dues deductions, and shall not | 20 | | otherwise interfere with the relationship between employees | 21 | | and their exclusive bargaining representative. The employer | 22 | | shall refer all inquiries about union membership to the | 23 | | exclusive bargaining representative, except that the employer | 24 | | may communicate with employees regarding payroll processes and | 25 | | procedures. The employer will establish email policies in an | 26 | | effort to prohibit the use of its email system by outside |
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| 1 | | sources. | 2 | | (Source: P.A. 101-620, eff. 12-20-19.)
| 3 | | Section 10. The Illinois Educational Labor Relations Act | 4 | | is amended by changing Sections 7, 8, and 14 as follows:
| 5 | | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| 6 | | Sec. 7. Recognition of exclusive bargaining | 7 | | representatives - unit
determination. The Board is empowered | 8 | | to administer the
recognition of bargaining representatives of | 9 | | employees of public school
districts, including employees of | 10 | | districts which have entered into joint
agreements, or | 11 | | employees of public community college districts, or any
State | 12 | | college or university, and any State agency whose major | 13 | | function is
providing educational services, making certain | 14 | | that each bargaining unit
contains employees with an | 15 | | identifiable community of interest and that no unit
includes | 16 | | both professional employees and nonprofessional employees | 17 | | unless a
majority of employees in each group vote for | 18 | | inclusion in the unit.
| 19 | | (a) In determining the appropriateness of a unit, the | 20 | | Board
shall decide in each case, in order to ensure employees | 21 | | the fullest freedom
in exercising the rights guaranteed by | 22 | | this Act, the unit appropriate for
the purpose of collective | 23 | | bargaining, based upon but not limited to such
factors as | 24 | | historical pattern of recognition, community of interest, |
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| 1 | | including
employee skills and functions, degree of functional | 2 | | integration,
interchangeability and contact among employees, | 3 | | common supervision, wages,
hours and other working conditions | 4 | | of the employees involved, and the desires
of the employees. | 5 | | Nothing in this Act, except as herein provided, shall
| 6 | | interfere with or negate the
current representation rights or | 7 | | patterns and practices of employee
organizations which have | 8 | | historically represented employees for the purposes of
| 9 | | collective bargaining, including but not limited to the | 10 | | negotiations of wages,
hours and working conditions, | 11 | | resolutions of employees' grievances, or
resolution of | 12 | | jurisdictional disputes, or the establishment and maintenance | 13 | | of
prevailing wage rates, unless a majority of the employees | 14 | | so represented
expresses a contrary desire under the | 15 | | procedures set forth in this Act. This
Section, however, does | 16 | | not prohibit multi-unit bargaining. Notwithstanding the
above | 17 | | factors, where the majority of public employees of a craft so | 18 | | decide, the
Board shall designate such craft as a unit | 19 | | appropriate for the purposes of
collective bargaining.
| 20 | | The sole appropriate bargaining unit for tenured and | 21 | | tenure-track
academic faculty at
each campus
of
the
University | 22 | | of Illinois shall be a unit that is comprised of
| 23 | | non-supervisory academic faculty employed more than half-time | 24 | | and
that includes all tenured and tenure-track
faculty
of that | 25 | | University campus employed by the board of trustees in all of | 26 | | the campus's undergraduate, graduate, and
professional
schools |
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| 1 | | and degree and non-degree programs
(with the exception of the | 2 | | college of medicine, the college of pharmacy,
the college of | 3 | | dentistry, the college of law, and the college of veterinary
| 4 | | medicine, each of which shall have its own separate unit), | 5 | | regardless of
current
or
historical representation rights or | 6 | | patterns or the application of any
other factors. Any | 7 | | decision, rule, or regulation promulgated by the
Board to the | 8 | | contrary shall be null and void.
| 9 | | (b) An educational employer shall voluntarily recognize a | 10 | | labor organization
for collective bargaining purposes if that | 11 | | organization appears to represent
a majority of employees in | 12 | | the unit. The employer shall post notice
of its intent to so | 13 | | recognize for a period of at least 20 school days on
bulletin | 14 | | boards or other places used or reserved for employee notices.
| 15 | | Thereafter, the employer, if satisfied as to the majority | 16 | | status of the
employee organization, shall send written | 17 | | notification of such recognition
to the Board for | 18 | | certification.
Any dispute regarding the majority status of
a | 19 | | labor organization shall be
resolved by the Board which shall | 20 | | make the determination of majority
status.
| 21 | | Within the 20 day notice period, however, any other | 22 | | interested employee
organization may petition the Board to | 23 | | seek recognition as the exclusive
representative of the unit | 24 | | in the manner specified by rules and regulations
prescribed by | 25 | | the Board, if such interested employee organization has been
| 26 | | designated by at least 15% of the employees in an appropriate |
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| 1 | | bargaining unit
which includes all or some of the employees in | 2 | | the unit intended to be
recognized by the employer. In such | 3 | | event, the Board shall proceed with the
petition in the same | 4 | | manner as provided in paragraph (c) of this Section.
| 5 | | (c) A labor organization may also gain recognition as the | 6 | | exclusive
representative by an election of the employees in | 7 | | the unit. Petitions
requesting an election may be filed with | 8 | | the Board:
| 9 | | (1) by an employee or group of employees or any labor | 10 | | organizations acting
on their behalf alleging and | 11 | | presenting evidence that 30% or more of the
employees in a | 12 | | bargaining unit wish to be represented for collective | 13 | | bargaining
or that the labor organization which has been | 14 | | acting as the exclusive
bargaining representative is no | 15 | | longer representative of a majority of the
employees in | 16 | | the unit; or
| 17 | | (2) by an employer alleging that one or more labor | 18 | | organizations have
presented a claim to be recognized as | 19 | | an exclusive bargaining representative
of a majority of | 20 | | the employees in an appropriate unit and that it doubts
| 21 | | the majority status of any of the organizations or that it | 22 | | doubts the majority
status of an exclusive bargaining | 23 | | representative.
| 24 | | The Board shall investigate the petition and if it has | 25 | | reasonable cause to
suspect that a question of representation | 26 | | exists, it shall give notice and
conduct a hearing. If it finds |
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| 1 | | upon the record of the hearing that a question
of | 2 | | representation exists, it shall direct an election, which | 3 | | shall be held no
later than 90 days after the date the petition | 4 | | was filed. The showing of interest in support of a petition | 5 | | filed under paragraph (1) of this subsection (c) may be | 6 | | evidenced by electronic communications, and such writing or | 7 | | communication may be evidenced by the electronic signature of | 8 | | the employee as provided under Section 5-120 of the Electronic | 9 | | Commerce Security Act. The showing of interest shall be valid | 10 | | only if signed within 12 months prior to the filing of the | 11 | | petition. Nothing prohibits
the waiving of hearings by the | 12 | | parties and the conduct of consent elections.
| 13 | | (c-5) The Board shall designate an exclusive | 14 | | representative for purposes
of
collective bargaining when the | 15 | | representative demonstrates a showing of
majority interest by | 16 | | employees in the unit. If the parties to a dispute are
without
| 17 | | agreement on the means to ascertain the choice, if any, of | 18 | | employee
organization as their representative, the Board shall | 19 | | ascertain the employees'
choice of
employee organization, on | 20 | | the basis of dues deduction authorization or other
evidence, | 21 | | or, if necessary, by conducting an election. The showing of | 22 | | interest in support of a petition filed under this subsection | 23 | | (c-5) may be evidenced by electronic communications, and such | 24 | | writing or communication may be evidenced by the electronic
| 25 | | signature of the employee as provided under Section 5-120 of | 26 | | the Electronic Commerce Security Act. The showing of interest |
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| 1 | | shall be valid only if signed within 12 months prior to the | 2 | | filing of the petition. All evidence submitted by an employee | 3 | | organization to the Board to ascertain an employee's choice of | 4 | | an employee organization is confidential and shall not be | 5 | | submitted to the employer for review. The Board shall | 6 | | ascertain the employee's choice of employee organization | 7 | | within 120 days after the filing of the majority interest | 8 | | petition; however, the Board may extend time by an additional | 9 | | 60 days, upon its own motion or upon the motion of a party to | 10 | | the proceeding. If either party provides
to the Board, before | 11 | | the designation of a representative, clear and convincing
| 12 | | evidence that the dues deduction authorizations, and other | 13 | | evidence upon which
the Board would otherwise rely to | 14 | | ascertain the employees' choice of
representative, are | 15 | | fraudulent or were obtained through coercion, the Board
shall | 16 | | promptly thereafter conduct an election. The Board shall also | 17 | | investigate
and consider a party's allegations that the dues | 18 | | deduction authorizations and
other evidence submitted in | 19 | | support of a designation of representative without
an election | 20 | | were subsequently changed, altered, withdrawn, or withheld as | 21 | | a
result of employer fraud, coercion, or any other unfair | 22 | | labor practice by the
employer. If the Board determines that a | 23 | | labor organization would have had a
majority interest but for | 24 | | an employer's fraud, coercion, or unfair labor
practice, it | 25 | | shall designate the labor organization as an exclusive
| 26 | | representative without conducting an election. If a hearing is |
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| 1 | | necessary to resolve any issues of representation under this | 2 | | Section, the Board shall conclude its hearing process and | 3 | | issue a certification of the entire appropriate unit not later | 4 | | than 120 days after the date the petition was filed. The | 5 | | 120-day period may be extended one or more times by the | 6 | | agreement of all parties to a hearing to a date certain.
| 7 | | (c-6) A labor organization or an employer may file a unit | 8 | | clarification petition seeking to clarify an existing | 9 | | bargaining unit. The Board shall conclude its investigation, | 10 | | including any hearing process deemed necessary, and issue a | 11 | | certification of clarified unit or dismiss the petition not | 12 | | later than 120 days after the date the petition was filed. The | 13 | | 120-day period may be extended one or more times by the | 14 | | agreement of all parties to a hearing to a date certain. | 15 | | (d) An order of the Board dismissing a representation | 16 | | petition, determining
and certifying that a labor organization | 17 | | has been fairly and freely chosen by a
majority of employees in | 18 | | an appropriate bargaining unit, determining and
certifying | 19 | | that a labor organization has not been fairly and freely | 20 | | chosen by a
majority of employees in the bargaining unit or | 21 | | certifying a labor organization
as the exclusive | 22 | | representative of employees in an appropriate bargaining unit
| 23 | | because of a determination by the Board that the labor | 24 | | organization is the
historical bargaining representative of | 25 | | employees in the bargaining unit,
is a final order. Any person | 26 | | aggrieved by any such order issued on or after
the effective |
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| 1 | | date of this amendatory Act of 1987 may apply for and obtain
| 2 | | judicial review in accordance with provisions of the | 3 | | Administrative Review Law,
as now or hereafter amended, except | 4 | | that such review shall be afforded directly
in the Appellate | 5 | | Court of a judicial district in which the Board maintains an
| 6 | | office. Any direct appeal to the Appellate Court shall be | 7 | | filed within 35 days
from the date that a copy of the decision | 8 | | sought to be reviewed was served upon
the party affected by the | 9 | | decision.
| 10 | | No election may be conducted in any bargaining unit during | 11 | | the term of
a collective bargaining agreement covering such | 12 | | unit or subdivision thereof,
except the Board may direct an | 13 | | election after the filing
of a petition between January 15 and | 14 | | March 1 of the final year of a collective
bargaining | 15 | | agreement. Nothing in this Section prohibits the negotiation
| 16 | | of a collective bargaining agreement covering a period not | 17 | | exceeding 3 years.
A collective bargaining agreement of less | 18 | | than 3 years may be extended up
to 3 years by the parties if | 19 | | the extension is agreed to in writing before
the filing of a | 20 | | petition under this Section. In such case, the final year
of | 21 | | the extension is the final year of the collective bargaining | 22 | | agreement.
No election may be conducted in a bargaining unit, | 23 | | or subdivision thereof,
in which a valid election has been | 24 | | held within the preceding 12 month period.
| 25 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
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| 1 | | (115 ILCS 5/8) (from Ch. 48, par. 1708)
| 2 | | Sec. 8. Election - certification. Elections shall be by | 3 | | secret ballot,
and conducted in accordance with rules and | 4 | | regulations established by the
Illinois Educational Labor | 5 | | Relations Board. A secret ballot election may be conducted | 6 | | electronically, using an electronic voting system, in addition | 7 | | to paper ballot voting systems. An incumbent exclusive | 8 | | bargaining
representative shall automatically be placed on any | 9 | | ballot with the
petitioner's
labor organization. An | 10 | | intervening labor organization may be placed on the
ballot
| 11 | | when supported by 15% or more of the employees in the | 12 | | bargaining unit.
The Board shall give at least 30 days notice | 13 | | of the time
and place of the election to the parties and, upon | 14 | | request, shall provide
the parties with a list of names and | 15 | | addresses of persons eligible to vote
in the election at least | 16 | | 15 days before the election. The ballot must include,
as one of | 17 | | the alternatives, the choice of "no representative". No mail
| 18 | | ballots are permitted except where a specific individual would | 19 | | otherwise
be unable to cast a ballot.
| 20 | | The labor organization receiving a majority of the ballots | 21 | | cast shall be
certified by the Board as the exclusive | 22 | | bargaining representative.
If the choice of "no | 23 | | representative" receives a majority, the employer shall
not | 24 | | recognize any exclusive bargaining representative for at least | 25 | | 12 months.
If none of the choices on the ballot receives a | 26 | | majority, a run-off shall
be conducted between the 2 choices |
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| 1 | | receiving the largest number of valid
votes cast in the | 2 | | election. The Board shall certify the
results of the election | 3 | | within 6 working days after the final tally
of votes
unless a | 4 | | charge is filed by a party alleging that improper conduct | 5 | | occurred
which
affected the outcome of the election. The Board | 6 | | shall
promptly investigate the allegations, and if it finds | 7 | | probable cause that
improper conduct occurred and could have | 8 | | affected the outcome of the election,
it shall set a hearing on | 9 | | the matter on a date falling within 2 weeks of
when it received | 10 | | the charge. If it determines, after hearing, that the outcome
| 11 | | of the election was affected by improper conduct, it shall | 12 | | order a new election
and shall order corrective action which | 13 | | it considers necessary to insure the
fairness of the new | 14 | | election. If it determines upon investigation or after
hearing | 15 | | that the alleged improper conduct did not take place or that it | 16 | | did not
affect the results of the election, it shall | 17 | | immediately certify the election
results.
| 18 | | Any labor organization that is the exclusive bargaining | 19 | | representative
in an appropriate unit on
the effective date of | 20 | | this Act shall continue as such until a new one is
selected | 21 | | under this Act.
| 22 | | (Source: P.A. 92-206, eff. 1-1-02.)
| 23 | | (115 ILCS 5/14) (from Ch. 48, par. 1714)
| 24 | | Sec. 14. Unfair labor practices.
| 25 | | (a) Educational employers, their agents
or representatives |
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| 1 | | are prohibited from:
| 2 | | (1) Interfering, restraining or coercing employees in | 3 | | the exercise of
the rights guaranteed under this Act.
| 4 | | (2) Dominating or interfering with the formation, | 5 | | existence or
administration of any employee organization.
| 6 | | (3) Discriminating in regard to hire or tenure of | 7 | | employment or any term
or condition of employment to | 8 | | encourage or discourage membership in any
employee | 9 | | organization.
| 10 | | (4) Discharging or otherwise discriminating against an | 11 | | employee because
he or she has signed or filed an | 12 | | affidavit, authorization card, petition or
complaint or | 13 | | given any information or testimony under this Act.
| 14 | | (5) Refusing to bargain collectively in good faith | 15 | | with an employee
representative which is the exclusive | 16 | | representative of employees in an
appropriate unit, | 17 | | including , but not limited to , the discussing of | 18 | | grievances
with the exclusive representative; provided, | 19 | | however, that if an alleged
unfair labor practice involves | 20 | | interpretation or application of the terms
of a collective | 21 | | bargaining agreement and said agreement contains a
| 22 | | grievance and arbitration procedure, the Board may defer | 23 | | the resolution of
such dispute to the grievance and | 24 | | arbitration procedure contained in said
agreement.
| 25 | | (6) Refusing to reduce a collective bargaining | 26 | | agreement to writing and
signing such agreement.
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| 1 | | (7) Violating any of the rules and regulations | 2 | | promulgated by the Board
regulating the conduct of | 3 | | representation elections.
| 4 | | (8) Refusing to comply with the provisions of a | 5 | | binding arbitration award.
| 6 | | (9) Expending or causing the expenditure of public | 7 | | funds to any
external agent, individual, firm, agency, | 8 | | partnership or association in any
attempt to influence the | 9 | | outcome of representational elections held
pursuant to | 10 | | paragraph (c) of Section 7 of this Act; provided, that | 11 | | nothing
in this subsection shall be construed to limit an | 12 | | employer's right to be
represented on any matter | 13 | | pertaining to unit determinations, unfair labor
practice | 14 | | charges or pre-election conferences in any formal or | 15 | | informal
proceeding before the Board, or to seek or obtain | 16 | | advice from legal counsel.
Nothing in this paragraph shall | 17 | | be construed to prohibit an employer from
expending or | 18 | | causing the expenditure of public funds on, or seeking or
| 19 | | obtaining services or advice from, any organization, group | 20 | | or association
established by, and including educational | 21 | | or public employers, whether or
not covered by this Act, | 22 | | the Illinois Public Labor Relations Act or the
public | 23 | | employment labor relations law of any other state or the | 24 | | federal
government, provided that such services or advice | 25 | | are generally available
to the membership of the | 26 | | organization, group, or association, and are not
offered |
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| 1 | | solely in an attempt to influence the outcome of a | 2 | | particular
representational election.
| 3 | | (10) Interfering with, restraining, coercing, | 4 | | deterring or discouraging educational employees or | 5 | | applicants to be educational employees from: (1) becoming | 6 | | members of an employee organization; (2) authorizing | 7 | | representation by an employee organization; or (3) | 8 | | authorizing dues or fee deductions to an employee | 9 | | organization, nor shall the employer intentionally permit | 10 | | outside third parties to use its email or other | 11 | | communications systems to engage in that conduct. An | 12 | | employer's good faith implementation of a policy to block | 13 | | the use of its email or other communication systems for | 14 | | such purposes shall be a defense to an unfair labor | 15 | | practice. | 16 | | (11) Disclosing to any person or entity information | 17 | | set forth in subsection (d) of Section 3 of this Act that | 18 | | the employer knows or should know will be used to | 19 | | interfere with, restrain, coerce, deter, or discourage any | 20 | | public employee from: (i) becoming or remaining members of | 21 | | a labor organization, (ii) authorizing representation by a | 22 | | labor organization, or (iii) authorizing dues or fee | 23 | | deductions to a labor organization. | 24 | | (12) Promising, threatening, or taking any action (i) | 25 | | to permanently replace an employee who participates in a | 26 | | strike under Section 13 of this Act, (ii) to discriminate |
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| 1 | | against an employee who is working or has unconditionally | 2 | | offered to return to work for the employer because the | 3 | | employee supported or participated in such as a strike, or
| 4 | | (iii) to lockout, suspend, or otherwise withhold from | 5 | | employment employees in order to influence the position of | 6 | | such employees or the representative of such employees in | 7 | | collective bargaining prior to a strike. | 8 | | (b) Employee organizations, their agents or | 9 | | representatives or educational
employees are prohibited from:
| 10 | | (1) Restraining or coercing employees in the exercise | 11 | | of the rights
guaranteed under this Act, provided that a | 12 | | labor organization or its
agents shall commit an unfair | 13 | | labor practice under this paragraph in duty
of fair | 14 | | representation cases only by intentional misconduct in | 15 | | representing
employees under this Act.
| 16 | | (2) Restraining or coercing an educational employer in | 17 | | the selection of
his representative for the purposes of | 18 | | collective bargaining or the adjustment
of grievances.
| 19 | | (3) Refusing to bargain collectively in good faith | 20 | | with an educational
employer, if they have been designated | 21 | | in accordance with the provisions
of this Act as the | 22 | | exclusive representative of employees in an appropriate
| 23 | | unit.
| 24 | | (4) Violating any of the rules and regulations | 25 | | promulgated by the Board
regulating the conduct of | 26 | | representation elections.
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| 1 | | (5) Refusing to reduce a collective bargaining | 2 | | agreement to writing and
signing such agreement.
| 3 | | (6) Refusing to comply with the provisions of a | 4 | | binding arbitration award.
| 5 | | (c) The expressing of any views, argument, opinion or the
| 6 | | dissemination thereof, whether in written, printed, graphic or | 7 | | visual form,
shall not constitute or be evidence of an unfair | 8 | | labor practice under any
of the provisions of this Act, if such | 9 | | expression contains no threat of
reprisal or force or promise | 10 | | of benefit.
| 11 | | (c-5) The employer shall not discourage public employees | 12 | | or applicants to be public employees from becoming or | 13 | | remaining union members or authorizing dues deductions, and | 14 | | shall not otherwise interfere with the relationship between | 15 | | employees and their exclusive bargaining representative. The | 16 | | employer shall refer all inquiries about union membership to | 17 | | the exclusive bargaining representative, except that the | 18 | | employer may communicate with employees regarding payroll | 19 | | processes and procedures. The employer will establish email | 20 | | policies in an effort to prohibit the use of its email system | 21 | | by outside sources. | 22 | | (d) The actions of a Financial Oversight Panel created | 23 | | pursuant to Section
1A-8
of the School Code due to a district | 24 | | violating a financial plan shall not
constitute or be evidence | 25 | | of an unfair labor practice under any of the
provisions of this | 26 | | Act. Such actions include, but are not limited to,
reviewing, |
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| 1 | | approving, or rejecting a school district budget or a | 2 | | collective
bargaining agreement.
| 3 | | (Source: P.A. 101-620, eff. 12-20-19; revised 8-21-20.)
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