Full Text of SB1204 102nd General Assembly
SB1204sam002 102ND GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 5/13/2021
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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 Section 20 as follows:
| 6 | | (5 ILCS 315/20) (from Ch. 48, par. 1620)
| 7 | | Sec. 20. Prohibitions.
| 8 | | (a) Nothing in this Act shall be construed to require
an | 9 | | individual employee to render labor or service without his | 10 | | consent, nor
shall anything in this Act be construed to make | 11 | | the quitting of his labor
by an individual employee an illegal | 12 | | act; nor shall any court issue any
process to compel the | 13 | | performance by an individual employee of such labor
or | 14 | | service, without his consent; nor shall the good faith | 15 | | concerted cessation or suspension quitting of labor by an | 16 | | employee
or employees in good faith because of abnormally |
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| 1 | | dangerous conditions for
work at the place of employment of | 2 | | such employees employee be deemed a strike or an abandonment | 3 | | of employment under this
Act.
| 4 | | (b) This Act shall not be applicable to units of local | 5 | | government employing
less than 5 employees at the time the | 6 | | Petition for
Certification or Representation is filed with the | 7 | | Board. This prohibition
shall
not apply to bargaining units in | 8 | | existence
on the effective date of this Act and units of local | 9 | | government employing more
than 5 employees where the total | 10 | | number of employees falls below 5 after the
Board has | 11 | | certified a bargaining unit. | 12 | | (Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; | 13 | | 94-67, eff. 1-1-06.)
| 14 | | Section 10. The Illinois Educational Labor Relations Act | 15 | | is amended by changing Sections 3 and 13 as follows:
| 16 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
| 17 | | Sec. 3. Employee rights; exclusive representative rights. | 18 | | (a) It shall be lawful for educational employees
to | 19 | | organize, form, join, or assist in employee organizations or | 20 | | engage in
lawful concerted activities for the purpose of | 21 | | collective bargaining or
other mutual aid and protection , | 22 | | including for health and safety reasons, or bargain | 23 | | collectively through representatives
of their own free choice | 24 | | and, except as provided in Section 11, such employees
shall |
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| 1 | | also have the right to refrain from any or all such activities.
| 2 | | (b) Representatives selected by educational employees in a | 3 | | unit appropriate
for collective bargaining purposes shall be | 4 | | the exclusive representative
of all the employees in such unit | 5 | | to
bargain on wages, hours, terms and conditions of | 6 | | employment. However,
any individual employee or a group of | 7 | | employees may at any time present
grievances to their employer | 8 | | and have them adjusted without the intervention
of the | 9 | | bargaining representative as long as the adjustment is not | 10 | | inconsistent
with the terms of a collective bargaining | 11 | | agreement then in effect, provided
that the bargaining | 12 | | representative has been given an opportunity to be present
at | 13 | | such adjustment.
| 14 | | (c) Employers shall provide to exclusive representatives, | 15 | | including their agents and employees, reasonable access to and | 16 | | information about employees in the bargaining units they | 17 | | represent. This access shall at all times be conducted in a | 18 | | manner so as not to impede normal operations. | 19 | | (1) Access includes the following: | 20 | | (A) the right to meet with one or more employees on | 21 | | the employer's premises during the work day to | 22 | | investigate and discuss grievances and | 23 | | workplace-related complaints without charge to pay or | 24 | | leave time of employees or agents of the exclusive | 25 | | representative; | 26 | | (B) the right to conduct worksite meetings during |
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| 1 | | lunch and other non-work breaks, and before and after | 2 | | the workday, on the employer's premises to discuss | 3 | | collective bargaining negotiations, the administration | 4 | | of collective bargaining agreements, other matters | 5 | | related to the duties of the exclusive representative, | 6 | | and internal matters involving the governance or | 7 | | business of the exclusive representative, without | 8 | | charge to pay or leave time of employees or agents of | 9 | | the exclusive representative; | 10 | | (C) the right to meet with newly hired employees, | 11 | | without charge to pay or leave time of the employees or | 12 | | agents of the exclusive representative, on the | 13 | | employer's premises or at a location mutually agreed | 14 | | to by the employer and exclusive representative for up | 15 | | to one hour either within the first two weeks of | 16 | | employment in the bargaining unit or at a later date | 17 | | and time if mutually agreed upon by the employer and | 18 | | the exclusive representative; and | 19 | | (D) the right to use the facility mailboxes and | 20 | | bulletin boards of the employer to communicate with | 21 | | bargaining unit employees regarding collective | 22 | | bargaining negotiations, the administration of the | 23 | | collective bargaining agreements, the investigation of | 24 | | grievances, other workplace-related complaints and | 25 | | issues, and internal matters involving the governance | 26 | | or business of the exclusive representative. |
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| 1 | | Nothing in this Section shall prohibit an employer and | 2 | | exclusive representative from agreeing in a collective | 3 | | bargaining agreement to provide the exclusive | 4 | | representative greater access to bargaining unit | 5 | | employees, including through the use of the employer's | 6 | | email system. | 7 | | (2) Information about employees includes, but is not | 8 | | limited to, the following: | 9 | | (A) within 10 calendar days from the beginning of | 10 | | every school term and every 30 calendar days | 11 | | thereafter in the school term, in an Excel file or | 12 | | other editable digital file format agreed to by the | 13 | | exclusive representative, the employee's name, job | 14 | | title, worksite location, home address, work telephone | 15 | | numbers, identification number if available, and any | 16 | | home and personal cellular telephone numbers on file | 17 | | with the employer, date of hire, work email address, | 18 | | and any personal email address on file with the | 19 | | employer; and | 20 | | (B) unless otherwise mutually agreed upon, within | 21 | | 10 calendar days from the date of hire of a bargaining | 22 | | unit employee, in an electronic file or other format | 23 | | agreed to by the exclusive representative, the | 24 | | employee's name, job title, worksite location, home | 25 | | address, work telephone numbers, and any home and | 26 | | personal cellular telephone numbers on file with the |
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| 1 | | employer, date of hire, work email address, and any | 2 | | personal email address on file with the employer. | 3 | | (d) No employer shall disclose the following information | 4 | | of any employee: (1) the employee's home address (including | 5 | | ZIP code and county); (2) the employee's date of birth; (3) the | 6 | | employee's home and personal phone number; (4) the employee's | 7 | | personal email address; (5) any information personally | 8 | | identifying employee membership or membership status in a | 9 | | labor organization or other voluntary association affiliated | 10 | | with a labor organization or a labor federation (including | 11 | | whether employees are members of such organization, the | 12 | | identity of such organization, whether or not employees pay or | 13 | | authorize the payment of any dues of moneys to such | 14 | | organization, and the amounts of such dues or moneys); and (6) | 15 | | emails or other communications between a labor organization | 16 | | and its members. | 17 | | As soon as practicable after receiving a request for any | 18 | | information prohibited from disclosure under this subsection | 19 | | (d), excluding a request from the exclusive bargaining | 20 | | representative of the employee, the employer must provide a | 21 | | written copy of the request, or a written summary of any oral | 22 | | request, to the exclusive bargaining representative of the | 23 | | employee or, if no such representative exists, to the | 24 | | employee. The employer must also provide a copy of any | 25 | | response it has made within 5 business days of sending the | 26 | | response to any request. |
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| 1 | | If an employer discloses information in violation of this | 2 | | subsection (d), an aggrieved employee of the employer or his | 3 | | or her exclusive bargaining representative may file an unfair | 4 | | labor practice charge with the Illinois Educational Labor | 5 | | Relations Board pursuant to Section 14 of this Act or commence | 6 | | an action in the circuit court to enforce the provisions of | 7 | | this Act, including actions to compel compliance, if an | 8 | | employer willfully and wantonly discloses information in | 9 | | violation of this subsection. The circuit court for the county | 10 | | in which the complainant resides, in which the complainant is | 11 | | employed, or in which the employer is located shall have | 12 | | jurisdiction in this matter. | 13 | | This subsection does not apply to disclosures (i) required | 14 | | under the Freedom of Information Act, (ii) for purposes of | 15 | | conducting public operations or business, or (iii) to the | 16 | | exclusive representative. | 17 | | (Source: P.A. 101-620, eff. 12-20-19.)
| 18 | | (115 ILCS 5/13) (from Ch. 48, par. 1713)
| 19 | | Sec. 13. Strikes.
| 20 | | (a) Notwithstanding the existence of any other
provision | 21 | | in this Act or other law, educational employees employed in | 22 | | school
districts organized under Article 34 of the School Code | 23 | | shall not engage in
a strike at any time during the 18 month | 24 | | period that commences on the
effective date of this amendatory | 25 | | Act of 1995. An educational employee
employed in a school |
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| 1 | | district organized
under Article 34 of the School Code who | 2 | | participates in a strike in violation
of this Section is | 3 | | subject to discipline by the employer. In addition, no
| 4 | | educational employer organized under Article 34 of the School | 5 | | Code may pay or
cause to be paid to an educational employee who
| 6 | | participates in a strike in violation of this subsection any | 7 | | wages or other
compensation for any period during
which an | 8 | | educational employee participates in the strike, except for | 9 | | wages or
compensation earned before participation in the | 10 | | strike.
Notwithstanding the existence of any other
provision | 11 | | in this Act or other law, during the 18-month period that | 12 | | strikes are
prohibited under this subsection nothing in this | 13 | | subsection shall be construed
to require an educational | 14 | | employer to submit to a binding dispute resolution
process.
| 15 | | (b) Notwithstanding the existence of any other provision | 16 | | in this Act or any
other law, educational employees other than | 17 | | those employed in a school district
organized under Article 34 | 18 | | of the School Code and, after the expiration of the
18 month | 19 | | period that commences on the effective date of this amendatory | 20 | | Act of
1995, educational employees in a school district | 21 | | organized under Article 34 of
the School Code shall not engage | 22 | | in a strike except under the following
conditions:
| 23 | | (1) they are represented by an exclusive bargaining
| 24 | | representative;
| 25 | | (2) mediation has been used without success and, for | 26 | | educational employers and exclusive bargaining |
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| 1 | | representatives to which subsection (a-5) of Section 12 of | 2 | | this Act applies, at least 14 days have elapsed after the | 3 | | Board has made public the parties' offers;
| 4 | | (2.5) if fact-finding was invoked pursuant to | 5 | | subsection (a-10) of Section 12 of this Act, at least 30 | 6 | | days have elapsed after a fact-finding report has been | 7 | | released for public information; | 8 | | (2.10) for educational employees employed in a school | 9 | | district organized under Article 34 of the School Code, at | 10 | | least three-fourths of all bargaining unit employees who | 11 | | are members of the exclusive bargaining representative | 12 | | have affirmatively voted to authorize the strike; | 13 | | provided, however, that all members of the exclusive | 14 | | bargaining representative at the time of a strike | 15 | | authorization vote shall be eligible to vote;
| 16 | | (3) at least 10 days have elapsed after a notice of | 17 | | intent
to strike has been given by the exclusive | 18 | | bargaining representative to the
educational employer, the | 19 | | regional superintendent and the Illinois Educational
Labor | 20 | | Relations Board;
| 21 | | (4) the collective bargaining agreement between the | 22 | | educational employer
and educational employees, if any, | 23 | | has expired or been terminated; and
| 24 | | (5) the employer and the exclusive bargaining | 25 | | representative have not
mutually submitted the unresolved | 26 | | issues to arbitration.
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| 1 | | If, however, in the opinion of an employer the strike is or | 2 | | has become a
clear and present danger to the health or safety | 3 | | of the public, the employer
may initiate
in the circuit court | 4 | | of the county in which such danger exists an action for
relief | 5 | | which may include, but is not limited to, injunction. The | 6 | | court may
grant appropriate relief upon the finding that such | 7 | | clear and present danger
exists.
An unfair practice or other | 8 | | evidence of lack of clean hands by the educational
employer is | 9 | | a defense to such action. Except as provided for in this
| 10 | | paragraph, the jurisdiction of the court under this Section is | 11 | | limited by the
Labor Dispute Act.
| 12 | | (c) If, in the opinion of the exclusive bargaining | 13 | | representative, the health and safety of educational employees | 14 | | is threatened because of abnormally dangerous conditions at | 15 | | the place of employment of such employees, the good faith | 16 | | concerted cessation or suspension of labor shall not be deemed | 17 | | a strike or an abandonment of employment under this Act. | 18 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11; 98-513, | 19 | | eff. 1-1-14.)".
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