Full Text of SB1204 102nd General Assembly
SB1204sam001 102ND GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/28/2021
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| 1 | | AMENDMENT TO SENATE BILL 1204
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1204 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 6 and 20 as follows:
| 6 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| 7 | | Sec. 6. Right to organize and bargain collectively; | 8 | | exclusive
representation; and fair share arrangements. | 9 | | (a) Employees of the State and
any political subdivision | 10 | | of the State, excluding employees of the General
Assembly of | 11 | | the State of Illinois and employees excluded from the | 12 | | definition of "public employee" under subsection (n) of | 13 | | Section 3 of this Act, have, and are protected in the exercise
| 14 | | of, the right of self-organization,
and may form, join or | 15 | | assist any labor organization, to bargain collectively
through | 16 | | representatives of their own choosing on questions of wages, |
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| 1 | | hours
and other conditions of employment, not excluded by | 2 | | Section 4 of this Act,
and to engage in other concerted | 3 | | activities not otherwise prohibited by law
for the purposes of | 4 | | collective bargaining or other mutual aid or protection, | 5 | | including for health and safety reasons,
free from | 6 | | interference, restraint or coercion. Employees also have, and
| 7 | | are protected in the exercise of, the right to refrain from | 8 | | participating
in any such concerted activities. Employees may | 9 | | be required,
pursuant to the terms of a lawful fair share | 10 | | agreement, to pay a fee which
shall be their proportionate | 11 | | share
of the costs of the collective bargaining process, | 12 | | contract administration
and pursuing matters affecting wages, | 13 | | hours and other conditions of employment
as defined in Section | 14 | | 3(g).
| 15 | | (b) Nothing in this Act prevents an employee from | 16 | | presenting a grievance
to the employer and having the | 17 | | grievance heard and settled without the
intervention of an | 18 | | employee organization; provided that the exclusive
bargaining | 19 | | representative is afforded the opportunity to be present at | 20 | | such
conference and that any settlement made shall not be | 21 | | inconsistent with the
terms of any agreement in effect between | 22 | | the employer and the exclusive
bargaining representative.
| 23 | | (c) A labor organization designated by the Board as the | 24 | | representative
of the majority of public employees in an | 25 | | appropriate unit in accordance
with the procedures herein or | 26 | | recognized
by a public employer as the representative of the |
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| 1 | | majority of public employees
in an appropriate unit is the | 2 | | exclusive representative for the employees
of such unit for | 3 | | the purpose of collective bargaining with respect to rates
of | 4 | | pay, wages, hours and other conditions of employment not | 5 | | excluded by
Section 4 of this Act. Unless otherwise mutually | 6 | | agreed, a public employer is required at least once each month | 7 | | and upon request, to furnish the exclusive bargaining | 8 | | representative with a complete list of the names and addresses | 9 | | of the public employees in the bargaining unit, provided that | 10 | | a public employer shall not be required to furnish such a list | 11 | | more than once per payroll period. The exclusive bargaining | 12 | | representative shall use the list exclusively for bargaining | 13 | | representation purposes and shall not disclose any information | 14 | | contained in the list for any other purpose. Nothing in this | 15 | | Section, however, shall prohibit a bargaining representative | 16 | | from disseminating a list of its union members.
| 17 | | At the time the public employer provides such list, it | 18 | | shall also provide to the exclusive representative, in an | 19 | | Excel file or other mutually agreed upon editable digital file | 20 | | format, the employee's job title, worksite location, work | 21 | | telephone numbers, identification number if available, and any | 22 | | home and personal cellular telephone numbers on file with the | 23 | | employer, date of hire, work email address, and any personal | 24 | | email address on file with the employer. In addition, unless | 25 | | otherwise mutually agreed, within 10 calendar days from the | 26 | | date of hire of a bargaining unit employee, the public |
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| 1 | | employer shall provide to the exclusive representative, in an | 2 | | electronic file or other mutually agreed upon format, the | 3 | | following information about the new employee: the employee's | 4 | | name, job title, worksite location, home address, work | 5 | | telephone numbers, and any home and personal cellular | 6 | | telephone numbers on file with the employer, date of hire, | 7 | | work email address, and any personal email address on file | 8 | | with the employer. | 9 | | (c-5) No employer shall disclose the following information | 10 | | of any employee: (1) the employee's home address (including | 11 | | ZIP code and county); (2) the employee's date of birth; (3) the | 12 | | employee's home and personal phone number; (4) the employee's | 13 | | personal email address; (5) any information personally | 14 | | identifying employee membership or membership status in a | 15 | | labor organization or other voluntary association affiliated | 16 | | with a labor organization or a labor federation (including | 17 | | whether employees are members of such organization, the | 18 | | identity of such organization, whether or not employees pay or | 19 | | authorize the payment of any dues or moneys to such | 20 | | organization, and the amounts of such dues or moneys); and (6) | 21 | | emails or other communications between a labor organization | 22 | | and its members. | 23 | | As soon as practicable after receiving a request for any | 24 | | information prohibited from disclosure under this subsection | 25 | | (c-5), excluding a request from the exclusive bargaining | 26 | | representative of the employee, the employer must provide a |
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| 1 | | written copy of the request, or a written summary of any oral | 2 | | request, to the exclusive bargaining representative of the | 3 | | employee or, if no such representative exists, to the | 4 | | employee. The employer must also provide a copy of any | 5 | | response it has made within 5 business days of sending the | 6 | | response to any request. | 7 | | If an employer discloses information in violation of this | 8 | | subsection (c-5), an aggrieved employee of the employer or his | 9 | | or her exclusive bargaining representative may file an unfair | 10 | | labor practice charge with the Illinois Labor Relations Board | 11 | | pursuant to Section 10 of this Act or commence an action in the | 12 | | circuit court to enforce the provisions of this Act, including | 13 | | actions to compel compliance, if an employer willfully and | 14 | | wantonly discloses information in violation of this | 15 | | subsection. The circuit court for the county in which the | 16 | | complainant resides, in which the complainant is employed, or | 17 | | in which the employer is located shall have jurisdiction in | 18 | | this matter. | 19 | | This subsection does not apply to disclosures (i) required | 20 | | under the Freedom of Information Act, (ii) for purposes of | 21 | | conducting public operations or business, or (iii) to the | 22 | | exclusive representative. | 23 | | (c-10) Employers shall provide to exclusive | 24 | | representatives, including their agents and employees, | 25 | | reasonable access to employees in the bargaining units they | 26 | | represent. This access shall at all times be conducted in a |
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| 1 | | manner so as not to impede normal operations. | 2 | | (1) Access includes the following: | 3 | | (A) the right to meet with one or more employees on | 4 | | the employer's premises during the work day to | 5 | | investigate and discuss grievances and | 6 | | workplace-related complaints without charge to pay or | 7 | | leave time of employees or agents of the exclusive | 8 | | representative; | 9 | | (B) the right to conduct worksite meetings during | 10 | | lunch and other non-work breaks, and before and after | 11 | | the workday, on the employer's premises to discuss | 12 | | collective bargaining negotiations, the administration | 13 | | of collective bargaining agreements, other matters | 14 | | related to the duties of the exclusive representative, | 15 | | and internal matters involving the governance or | 16 | | business of the exclusive representative, without | 17 | | charge to pay or leave time of employees or agents of | 18 | | the exclusive representative; | 19 | | (C) the right to meet with newly hired employees, | 20 | | without charge to pay or leave time of the employees or | 21 | | agents of the exclusive representative, on the | 22 | | employer's premises or at a location mutually agreed | 23 | | to by the employer and exclusive representative for up | 24 | | to one hour either within the first two weeks of | 25 | | employment in the bargaining unit or at a later date | 26 | | and time if mutually agreed upon by the employer and |
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| 1 | | the exclusive representative; and | 2 | | (D) the right to use the facility mailboxes and | 3 | | bulletin boards of the employer to communicate with | 4 | | bargaining unit employees regarding collective | 5 | | bargaining negotiations, the administration of the | 6 | | collective bargaining agreements, the investigation of | 7 | | grievances, other workplace-related complaints and | 8 | | issues, and internal matters involving the governance | 9 | | or business of the exclusive representative. | 10 | | (2) Nothing in this Section shall prohibit an employer | 11 | | and exclusive representative from agreeing in a collective | 12 | | bargaining agreement to provide the exclusive | 13 | | representative greater access to bargaining unit | 14 | | employees, including through the use of the employer's | 15 | | email system. | 16 | | (d) Labor organizations recognized by a public employer as | 17 | | the exclusive
representative or so designated in accordance | 18 | | with the provisions of this
Act are responsible for | 19 | | representing the interests of all public employees
in the | 20 | | unit. Nothing herein shall be construed to limit an exclusive
| 21 | | representative's right to exercise its discretion to refuse to | 22 | | process
grievances of employees that are unmeritorious.
| 23 | | (e) When a collective bargaining agreement is entered into | 24 | | with an exclusive
representative, it may include in the | 25 | | agreement a provision requiring employees
covered by the | 26 | | agreement who are not members of the organization to pay
their |
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| 1 | | proportionate share of the costs of the collective bargaining | 2 | | process,
contract administration and pursuing matters | 3 | | affecting wages, hours and
conditions of employment, as | 4 | | defined in Section 3 (g), but not to exceed
the amount of dues | 5 | | uniformly required of members. The organization shall
certify | 6 | | to the employer the amount constituting each nonmember | 7 | | employee's
proportionate share which shall not exceed dues | 8 | | uniformly required of members.
In such case, the proportionate | 9 | | share payment in this Section shall be deducted
by the | 10 | | employer from the earnings of the nonmember employees and paid | 11 | | to
the employee organization.
| 12 | | (f) Employers shall make payroll deductions
of labor | 13 | | organization dues, initiation fees,
assessments, and other | 14 | | payments for a labor organization that is the exclusive | 15 | | representative. Such deductions shall be made in accordance | 16 | | with the terms of an employee's written
authorization, and | 17 | | shall be paid to the exclusive representative. Written | 18 | | authorization may be evidenced by electronic communications, | 19 | | and such writing or communication may be evidenced by the | 20 | | electronic signature of the employee as provided under Section | 21 | | 5-120 of the Electronic Commerce Security Act.
| 22 | | There is no impediment to an employee's right to resign | 23 | | union membership at any time. However, notwithstanding any | 24 | | other provision of law to the contrary regarding authorization | 25 | | and deduction of dues or other payments to a labor | 26 | | organization, the exclusive representative and a public |
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| 1 | | employee may agree to reasonable limits on the right of the | 2 | | employee to revoke such authorization, including a period of | 3 | | irrevocability that exceeds one year. An authorization that is | 4 | | irrevocable for one year, which may be automatically renewed | 5 | | for successive annual periods in accordance with the terms of | 6 | | the authorization, and that contains at least an annual 10-day | 7 | | period of time during which the employee may revoke the | 8 | | authorization, shall be deemed reasonable. | 9 | | This Section shall apply to all claims that allege that a | 10 | | labor organization or a public employer has improperly | 11 | | deducted or collected dues from an employee without regard to | 12 | | whether the claims or the facts upon which they are based | 13 | | occurred before, on, or after the effective date of this | 14 | | amendatory Act of the 101st General Assembly and shall apply | 15 | | retroactively to the maximum extent permitted by law. | 16 | | (f-5) Where a collective bargaining agreement is | 17 | | terminated, or continues in effect beyond its scheduled | 18 | | expiration date pending the negotiation of a successor | 19 | | agreement or the resolution of an impasse under Section 14, | 20 | | the employer shall continue to honor and abide by any dues | 21 | | deduction or fair share clause contained therein until a new | 22 | | agreement is reached including dues deduction or a fair share | 23 | | clause. For the benefit of any successor exclusive | 24 | | representative certified under this Act, this provision shall | 25 | | be applicable, provided the successor exclusive | 26 | | representative: |
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| 1 | | (i) certifies to the employer the amount constituting | 2 | | each non-member's proportionate share under subsection | 3 | | (e); or | 4 | | (ii) presents the employer with employee written | 5 | | authorizations for the deduction of dues, assessments, and | 6 | | fees under this subsection. | 7 | | Failure to so honor and abide by dues deduction or fair | 8 | | share clauses for the benefit of any exclusive representative, | 9 | | including a successor, shall be a violation of the duty to | 10 | | bargain and an unfair labor practice.
| 11 | | (f-10) Upon receiving written notice of authorization, the | 12 | | public employer must commence dues deductions as soon as | 13 | | practicable, but in no case later than 30 days after receiving | 14 | | notice from the labor organization. Employee deductions shall | 15 | | be transmitted to the labor organization no later than 30 days | 16 | | after they are deducted unless a shorter period is mutually | 17 | | agreed to. | 18 | | (f-15) Deductions shall remain in effect until: | 19 | | (1) the public employer receives notice that a public | 20 | | employee has revoked their authorization in writing in | 21 | | accordance with the terms of the authorization; or | 22 | | (2) the individual employee is no longer employed by | 23 | | the public employer in a bargaining unit position | 24 | | represented by the same exclusive representative, provided | 25 | | that if the employee is, within a period of one year, | 26 | | employed by the same public employer in a position |
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| 1 | | represented by the same labor organization, the right to | 2 | | dues deduction shall be automatically reinstated. | 3 | | Nothing in this subsection prevents an employee from | 4 | | continuing to authorize payroll deductions when no longer | 5 | | represented by the exclusive representative that would receive | 6 | | such deduction. | 7 | | Should the individual employee who has signed a dues | 8 | | deduction authorization card either be removed from a public | 9 | | employer's payroll or otherwise placed on any type of | 10 | | involuntary or voluntary leave of absence, whether paid or | 11 | | unpaid, the public employee's dues deduction shall be | 12 | | continued upon that public employee's return to the payroll in | 13 | | a bargaining unit position represented by the same exclusive | 14 | | representative or restoration to active duty from such a leave | 15 | | of absence. | 16 | | (f-20) Unless otherwise mutually agreed by the public | 17 | | employer and the exclusive representative, employee requests | 18 | | to authorize, revoke, cancel, or change authorizations for | 19 | | payroll deductions for labor organizations shall be directed | 20 | | to the labor organization rather than to the public employer. | 21 | | The labor organization shall be responsible for initially | 22 | | processing and notifying the public employer of proper | 23 | | requests or providing proper requests to the employer. If the | 24 | | requests are not provided to the public employer, the employer | 25 | | shall rely on information provided by the labor organization | 26 | | regarding whether deductions for a labor organization were |
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| 1 | | properly authorized, revoked, canceled, or changed, and the | 2 | | labor organization shall indemnify the public employer for any | 3 | | damages and reasonable costs incurred for any claims made by | 4 | | employees for deductions made in good faith reliance on that | 5 | | information. | 6 | | (f-25) Upon receipt by the exclusive representative of an | 7 | | appropriate written authorization from an employee, written | 8 | | notice of authorization shall be provided to the employer and | 9 | | any authorized deductions shall be made in accordance with | 10 | | law. The labor organization shall indemnify the public | 11 | | employer for any damages and reasonable costs incurred for any | 12 | | claims made by employees for deductions made in good faith | 13 | | reliance on its notification. | 14 | | (f-30) The failure of an employer to comply with the | 15 | | provisions of this Section shall be a violation of the duty to | 16 | | bargain and an unfair labor practice. Relief for the violation | 17 | | shall be reimbursement by the public employer of dues that | 18 | | should have been deducted or paid based on a valid | 19 | | authorization given by the employee or employees. In addition, | 20 | | the provisions of a collective bargaining agreement that | 21 | | contain the obligations set forth in this Section may be | 22 | | enforced in accordance with Sections 8 and 16. | 23 | | (f-35) The Illinois Labor Relations Board shall have | 24 | | exclusive jurisdiction over claims under Illinois law that | 25 | | allege that a labor organization has unlawfully collected dues | 26 | | from a public employee in violation of this Act. The Board |
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| 1 | | shall by rule require that in cases in which a public employee | 2 | | alleges that a labor organization has unlawfully collected | 3 | | dues, the public employer shall continue to deduct the | 4 | | employee's dues from the employee's pay, but shall transmit | 5 | | the dues to the Board for deposit in an escrow account | 6 | | maintained by the Board. If the exclusive representative | 7 | | maintains an escrow account for the purpose of holding dues to | 8 | | which an employee has objected, the employer shall transmit | 9 | | the entire amount of dues to the exclusive representative, and | 10 | | the exclusive representative shall hold in escrow the dues | 11 | | that the employer would otherwise have been required to | 12 | | transmit to the Board for escrow; provided that the escrow | 13 | | account maintained by the exclusive representative complies | 14 | | with rules adopted by the Board or that the collective | 15 | | bargaining agreement requiring the payment of the dues | 16 | | contains an indemnification provision for the purpose of | 17 | | indemnifying the employer with respect to the employer's | 18 | | transmission of dues to the exclusive representative. | 19 | | (f-40) If any clause, sentence, paragraph, or subparagraph | 20 | | of this Section shall be adjudged by a court of competent | 21 | | jurisdiction to be unconstitutional or otherwise invalid, that | 22 | | judgment shall not affect, impair, or invalidate the remainder | 23 | | thereof, but shall be confined in its operation to the clause, | 24 | | sentence, paragraph, or subparagraph of this Section directly | 25 | | involved in the controversy in which that judgment shall have | 26 | | been rendered. |
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| 1 | | If any clause, sentence, paragraph, or part of a signed | 2 | | authorization for payroll deductions shall be adjudged by a | 3 | | court of competent jurisdiction to be unconstitutional or | 4 | | otherwise invalid, that judgment shall not affect, impair, or | 5 | | invalidate the remainder of the signed authorization, but | 6 | | shall be confined in its operation to the clause, sentence, | 7 | | paragraph, or part of the signed authorization directly | 8 | | involved in the controversy in which that judgment shall have | 9 | | been rendered. | 10 | | (g) Agreements containing a fair share agreement must | 11 | | safeguard the right
of nonassociation of employees based upon | 12 | | bona fide religious tenets or
teachings of a church or | 13 | | religious body of which such employees are members.
Such | 14 | | employees may be required to pay an amount equal to their fair | 15 | | share,
determined under a lawful fair share agreement, to a | 16 | | nonreligious charitable
organization mutually agreed upon by | 17 | | the employees affected and the exclusive
bargaining | 18 | | representative to which such employees would otherwise pay | 19 | | such
service fee. If the affected employees and the bargaining | 20 | | representative
are unable to reach an agreement on the matter, | 21 | | the Board may establish an
approved list of charitable | 22 | | organizations to which such payments may be made.
| 23 | | (Source: P.A. 101-620, eff. 12-20-19.)
| 24 | | (5 ILCS 315/20) (from Ch. 48, par. 1620)
| 25 | | Sec. 20. Prohibitions.
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| 1 | | (a) Nothing in this Act shall be construed to require
an | 2 | | individual employee to render labor or service without his | 3 | | consent, nor
shall anything in this Act be construed to make | 4 | | the quitting of his labor
by an individual employee an illegal | 5 | | act; nor shall any court issue any
process to compel the | 6 | | performance by an individual employee of such labor
or | 7 | | service, without his consent; nor shall the good faith | 8 | | concerted cessation or suspension quitting of labor by an | 9 | | employee
or employees in good faith because of abnormally | 10 | | dangerous conditions for
work at the place of employment of | 11 | | such employees employee be deemed a strike or an abandonment | 12 | | of employment under this
Act.
| 13 | | (b) This Act shall not be applicable to units of local | 14 | | government employing
less than 5 employees at the time the | 15 | | Petition for
Certification or Representation is filed with the | 16 | | Board. This prohibition
shall
not apply to bargaining units in | 17 | | existence
on the effective date of this Act and units of local | 18 | | government employing more
than 5 employees where the total | 19 | | number of employees falls below 5 after the
Board has | 20 | | certified a bargaining unit. | 21 | | (Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; | 22 | | 94-67, eff. 1-1-06.)
| 23 | | Section 10. The Illinois Educational Labor Relations Act | 24 | | is amended by changing Sections 3 and 13 as follows:
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| 1 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
| 2 | | Sec. 3. Employee rights; exclusive representative rights. | 3 | | (a) It shall be lawful for educational employees
to | 4 | | organize, form, join, or assist in employee organizations or | 5 | | engage in
lawful concerted activities for the purpose of | 6 | | collective bargaining or
other mutual aid and protection , | 7 | | including for health and safety reasons, or bargain | 8 | | collectively through representatives
of their own free choice | 9 | | and, except as provided in Section 11, such employees
shall | 10 | | also have the right to refrain from any or all such activities.
| 11 | | (b) Representatives selected by educational employees in a | 12 | | unit appropriate
for collective bargaining purposes shall be | 13 | | the exclusive representative
of all the employees in such unit | 14 | | to
bargain on wages, hours, terms and conditions of | 15 | | employment. However,
any individual employee or a group of | 16 | | employees may at any time present
grievances to their employer | 17 | | and have them adjusted without the intervention
of the | 18 | | bargaining representative as long as the adjustment is not | 19 | | inconsistent
with the terms of a collective bargaining | 20 | | agreement then in effect, provided
that the bargaining | 21 | | representative has been given an opportunity to be present
at | 22 | | such adjustment.
| 23 | | (c) Employers shall provide to exclusive representatives, | 24 | | including their agents and employees, reasonable access to and | 25 | | information about employees in the bargaining units they | 26 | | represent. This access shall at all times be conducted in a |
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| 1 | | manner so as not to impede normal operations. | 2 | | (1) Access includes the following: | 3 | | (A) the right to meet with one or more employees on | 4 | | the employer's premises during the work day to | 5 | | investigate and discuss grievances and | 6 | | workplace-related complaints without charge to pay or | 7 | | leave time of employees or agents of the exclusive | 8 | | representative; | 9 | | (B) the right to conduct worksite meetings during | 10 | | lunch and other non-work breaks, and before and after | 11 | | the workday, on the employer's premises to discuss | 12 | | collective bargaining negotiations, the administration | 13 | | of collective bargaining agreements, other matters | 14 | | related to the duties of the exclusive representative, | 15 | | and internal matters involving the governance or | 16 | | business of the exclusive representative, without | 17 | | charge to pay or leave time of employees or agents of | 18 | | the exclusive representative; | 19 | | (C) the right to meet with newly hired employees, | 20 | | without charge to pay or leave time of the employees or | 21 | | agents of the exclusive representative, on the | 22 | | employer's premises or at a location mutually agreed | 23 | | to by the employer and exclusive representative for up | 24 | | to one hour either within the first two weeks of | 25 | | employment in the bargaining unit or at a later date | 26 | | and time if mutually agreed upon by the employer and |
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| 1 | | the exclusive representative; and | 2 | | (D) the right to use the facility mailboxes and | 3 | | bulletin boards of the employer to communicate with | 4 | | bargaining unit employees regarding collective | 5 | | bargaining negotiations, the administration of the | 6 | | collective bargaining agreements, the investigation of | 7 | | grievances, other workplace-related complaints and | 8 | | issues, and internal matters involving the governance | 9 | | or business of the exclusive representative. | 10 | | Nothing in this Section shall prohibit an employer and | 11 | | exclusive representative from agreeing in a collective | 12 | | bargaining agreement to provide the exclusive | 13 | | representative greater access to bargaining unit | 14 | | employees, including through the use of the employer's | 15 | | email system. | 16 | | (2) Information about employees includes, but is not | 17 | | limited to, the following: | 18 | | (A) within 10 calendar days from the beginning of | 19 | | every school term and every 30 calendar days | 20 | | thereafter in the school term, in an Excel file or | 21 | | other editable digital file format agreed to by the | 22 | | exclusive representative, the employee's name, job | 23 | | title, worksite location, home address, work telephone | 24 | | numbers, identification number if available, and any | 25 | | home and personal cellular telephone numbers on file | 26 | | with the employer, date of hire, work email address, |
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| 1 | | and any personal email address on file with the | 2 | | employer; and | 3 | | (B) unless otherwise mutually agreed upon, within | 4 | | 10 calendar days from the date of hire of a bargaining | 5 | | unit employee, in an electronic file or other format | 6 | | agreed to by the exclusive representative, the | 7 | | employee's name, job title, worksite location, home | 8 | | address, work telephone numbers, and any home and | 9 | | personal cellular telephone numbers on file with the | 10 | | employer, date of hire, work email address, and any | 11 | | personal email address on file with the employer. | 12 | | (d) No employer shall disclose the following information | 13 | | of any employee: (1) the employee's home address (including | 14 | | ZIP code and county); (2) the employee's date of birth; (3) the | 15 | | employee's home and personal phone number; (4) the employee's | 16 | | personal email address; (5) any information personally | 17 | | identifying employee membership or membership status in a | 18 | | labor organization or other voluntary association affiliated | 19 | | with a labor organization or a labor federation (including | 20 | | whether employees are members of such organization, the | 21 | | identity of such organization, whether or not employees pay or | 22 | | authorize the payment of any dues of moneys to such | 23 | | organization, and the amounts of such dues or moneys); and (6) | 24 | | emails or other communications between a labor organization | 25 | | and its members. | 26 | | As soon as practicable after receiving a request for any |
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| 1 | | information prohibited from disclosure under this subsection | 2 | | (d), excluding a request from the exclusive bargaining | 3 | | representative of the employee, the employer must provide a | 4 | | written copy of the request, or a written summary of any oral | 5 | | request, to the exclusive bargaining representative of the | 6 | | employee or, if no such representative exists, to the | 7 | | employee. The employer must also provide a copy of any | 8 | | response it has made within 5 business days of sending the | 9 | | response to any request. | 10 | | If an employer discloses information in violation of this | 11 | | subsection (d), an aggrieved employee of the employer or his | 12 | | or her exclusive bargaining representative may file an unfair | 13 | | labor practice charge with the Illinois Educational Labor | 14 | | Relations Board pursuant to Section 14 of this Act or commence | 15 | | an action in the circuit court to enforce the provisions of | 16 | | this Act, including actions to compel compliance, if an | 17 | | employer willfully and wantonly discloses information in | 18 | | violation of this subsection. The circuit court for the county | 19 | | in which the complainant resides, in which the complainant is | 20 | | employed, or in which the employer is located shall have | 21 | | jurisdiction in this matter. | 22 | | This subsection does not apply to disclosures (i) required | 23 | | under the Freedom of Information Act, (ii) for purposes of | 24 | | conducting public operations or business, or (iii) to the | 25 | | exclusive representative. | 26 | | (Source: P.A. 101-620, eff. 12-20-19.)
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| 1 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 2 | | Sec. 13. Strikes.
| 3 | | (a) Notwithstanding the existence of any other
provision | 4 | | in this Act or other law, educational employees employed in | 5 | | school
districts organized under Article 34 of the School Code | 6 | | shall not engage in
a strike at any time during the 18 month | 7 | | period that commences on the
effective date of this amendatory | 8 | | Act of 1995. An educational employee
employed in a school | 9 | | district organized
under Article 34 of the School Code who | 10 | | participates in a strike in violation
of this Section is | 11 | | subject to discipline by the employer. In addition, no
| 12 | | educational employer organized under Article 34 of the School | 13 | | Code may pay or
cause to be paid to an educational employee who
| 14 | | participates in a strike in violation of this subsection any | 15 | | wages or other
compensation for any period during
which an | 16 | | educational employee participates in the strike, except for | 17 | | wages or
compensation earned before participation in the | 18 | | strike.
Notwithstanding the existence of any other
provision | 19 | | in this Act or other law, during the 18-month period that | 20 | | strikes are
prohibited under this subsection nothing in this | 21 | | subsection shall be construed
to require an educational | 22 | | employer to submit to a binding dispute resolution
process.
| 23 | | (b) Notwithstanding the existence of any other provision | 24 | | in this Act or any
other law, educational employees other than | 25 | | those employed in a school district
organized under Article 34 |
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| 1 | | of the School Code and, after the expiration of the
18 month | 2 | | period that commences on the effective date of this amendatory | 3 | | Act of
1995, educational employees in a school district | 4 | | organized under Article 34 of
the School Code shall not engage | 5 | | in a strike except under the following
conditions:
| 6 | | (1) they are represented by an exclusive bargaining
| 7 | | representative;
| 8 | | (2) mediation has been used without success and, for | 9 | | educational employers and exclusive bargaining | 10 | | representatives to which subsection (a-5) of Section 12 of | 11 | | this Act applies, at least 14 days have elapsed after the | 12 | | Board has made public the parties' offers;
| 13 | | (2.5) if fact-finding was invoked pursuant to | 14 | | subsection (a-10) of Section 12 of this Act, at least 30 | 15 | | days have elapsed after a fact-finding report has been | 16 | | released for public information; | 17 | | (2.10) for educational employees employed in a school | 18 | | district organized under Article 34 of the School Code, at | 19 | | least three-fourths of all bargaining unit employees who | 20 | | are members of the exclusive bargaining representative | 21 | | have affirmatively voted to authorize the strike; | 22 | | provided, however, that all members of the exclusive | 23 | | bargaining representative at the time of a strike | 24 | | authorization vote shall be eligible to vote;
| 25 | | (3) at least 10 days have elapsed after a notice of | 26 | | intent
to strike has been given by the exclusive |
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| 1 | | bargaining representative to the
educational employer, the | 2 | | regional superintendent and the Illinois Educational
Labor | 3 | | Relations Board;
| 4 | | (4) the collective bargaining agreement between the | 5 | | educational employer
and educational employees, if any, | 6 | | has expired or been terminated; and
| 7 | | (5) the employer and the exclusive bargaining | 8 | | representative have not
mutually submitted the unresolved | 9 | | issues to arbitration.
| 10 | | If, however, in the opinion of an employer the strike is or | 11 | | has become a
clear and present danger to the health or safety | 12 | | of the public, the employer
may initiate
in the circuit court | 13 | | of the county in which such danger exists an action for
relief | 14 | | which may include, but is not limited to, injunction. The | 15 | | court may
grant appropriate relief upon the finding that such | 16 | | clear and present danger
exists.
An unfair practice or other | 17 | | evidence of lack of clean hands by the educational
employer is | 18 | | a defense to such action. Except as provided for in this
| 19 | | paragraph, the jurisdiction of the court under this Section is | 20 | | limited by the
Labor Dispute Act.
| 21 | | (c) The good faith concerted cessation or suspension of | 22 | | labor by educational employees because of abnormally dangerous | 23 | | conditions for work at the place of employment of such | 24 | | educational employees shall not be deemed a strike or an | 25 | | abandonment of employment under this Act. | 26 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, |
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| 1 | | eff. 1-1-14.)".
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