Illinois General Assembly - Full Text of HB4148
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4148  103rd General Assembly



State of Illinois
2023 and 2024


Introduced , by Rep. Emanuel "Chris" Welch - Marcus C. Evans, Jr. - Robyn Gabel - Jehan Gordon-Booth - Elizabeth "Lisa" Hernandez


New Act
720 ILCS 5/33G-4
745 ILCS 5/1  from Ch. 127, par. 801
820 ILCS 275/120

    Creates the Legislative Employee Labor Relations Act. Authorizes legislative employees to bargain collectively through the representatives of their choosing on questions of wages, hours, and other conditions of employment. Specifies that the General Assembly is not required to bargain on specified matters of inherent managerial policy. Establishes the Office of State Legislative Labor Relations. Directs the Office of State Legislative Labor Relations to manage the interests of the General Assembly in collective bargaining with legislative employees. Grants the State Panel of the Illinois Labor Relations Board jurisdiction over collective bargaining matters between employee organizations and the General Assembly of the State of Illinois. Contains additional provisions concerning the following topics: the duty to bargain collectively; fair-share agreements; grievance procedures; election and recognition of labor organizations as exclusive representatives; unfair labor practices; mediation; fact-finding; exhaustion of nonjudicial remedies; strikes during session periods; and multiyear collective bargaining agreements. Specifies that the Open Meetings Act does not apply to collective bargaining negotiations and grievance arbitration proceedings under the Act. Sets forth definitions. Amends the Criminal Code of 2012, the State Lawsuit Immunity Act, and the Workplace Violence Prevention Act to make conforming changes. Effective July 1, 2026.

LRB103 34551 JDS 64386 b





HB4148LRB103 34551 JDS 64386 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Legislative Employee Labor Relations Act.
6    Section 5. Policy. It is the public policy of the State of
7Illinois to grant legislative employees full freedom of
8association, self-organization, and designation of
9representatives of their own choosing for the purpose of
10negotiating wages, hours, and other conditions of employment.
11    It is the purpose of this Act to regulate labor relations
12between the General Assembly and legislative employees,
13including the designation of employee representatives, the
14negotiation of wages, hours, and other conditions of
15employment, and the resolution of disputes arising under
16collective bargaining agreements.
17    It is the purpose of this Act to prescribe the legitimate
18rights of both legislative employees and the General Assembly,
19to protect the public health and safety of the citizens of
20Illinois, and to provide peaceful and orderly procedures for
21protection of the rights of all.
22    Section 10. Definitions. As used in this Act:



HB4148- 2 -LRB103 34551 JDS 64386 b

1    (a) "Board" means the Illinois Labor Relations Board, as
2defined in the Illinois Public Labor Relations Act, or, with
3respect to a matter over which the jurisdiction of the Board is
4assigned to the State Panel under Section 20, the State Panel.
5    (b) "Collective bargaining" means bargaining over terms
6and conditions of employment, including hours, wages, and
7other conditions of employment, as detailed in Section 35 and
8which are not excluded by Section 15.
9    (c) "Confidential employee" means an employee who, in the
10regular course of the employee's duties:
11        (1) assists and acts in a confidential capacity to
12    persons who formulate, determine, and effectuate
13    management policies with regard to labor relations; or
14        (2) has authorized access to information relating to
15    the effectuation or review of the collective bargaining
16    policies of the General Assembly.
17    Determinations of confidential employee status shall be
18based on actual employee job duties and not solely on written
19job descriptions.
20    (d) "District office employee" means any employee employed
21by a representative or senator and paid out of the office
22allowance that is provided to the representative or senator
23under Section 4 of the General Assembly Compensation Act.
24    (e) "Excluded employee" means an employee involved in
25negotiating legislation, formulating policies concerning
26legislation, or making decisions regarding legislative



HB4148- 3 -LRB103 34551 JDS 64386 b

2    (f) "Exclusive representative" means the labor
3organization that has been (i) designated by the Board as the
4representative of a majority of legislative employees in an
5appropriate bargaining unit in accordance with the procedures
6contained in this Act or (ii) recognized by the Office of State
7Legislative Labor Relations upon evidence, acceptable to the
8Board, that the labor organization has been designated as the
9exclusive representative by a majority of the legislative
10employees in an appropriate bargaining unit.
11    (g) "Fair-share agreement" means an agreement between the
12Office of State Legislative Labor Relations and an employee
13organization under which all or any of the employees in a
14collective bargaining unit are required to pay their
15proportionate share of the costs of the collective bargaining
16process, contract administration, and pursuing matters
17affecting wages, hours, and other conditions of employment,
18but not to exceed the amount of dues uniformly required of
19members. The amount certified by the exclusive representative
20shall not include any fees for contributions related to the
21election or support of any candidate for political office.
22Nothing in this subsection (g) shall preclude an employee from
23making voluntary political contributions in conjunction with
24the employee's fair-share payment.
25    (h) "General Assembly" or "General Assembly of the State
26of Illinois" means the legislative branch of the government of



HB4148- 4 -LRB103 34551 JDS 64386 b

1the State of Illinois, as provided for under Article IV of the
2Constitution of the State of Illinois, and includes, but is
3not limited to, the House of Representatives, the Senate, the
4Speaker of the House of Representatives, the Minority Leader
5of the House of Representatives, the President of the Senate,
6the Minority Leader of the Senate, the Joint Committee on
7Legislative Support Services, and any legislative support
8services agency listed in the Legislative Commission
9Reorganization Act of 1984.
10    (i) "Joint Committee" or "Joint Committee on Legislative
11Support Services" means the Joint Committee on Legislative
12Support Services created under Section 1-2 of the Legislative
13Commission Reorganization Act of 1984.
14    (j) "Labor organization" means any organization in which
15legislative employees participate and that exists for the
16purpose, in whole or in part, of dealing with the Office of
17State Legislative Labor Relations on behalf of the General
18Assembly concerning wages, hours, and other terms and
19conditions of employment, including the settlement of
21    (k) "Legislative employee" means any employee of the
22General Assembly of the State of Illinois. Except to the
23extent otherwise excluded under this subsection (k),
24"legislative employee" includes research and appropriations
25employees, legislative affairs employees, legal employees,
26communications employees, clerk's office employees, district



HB4148- 5 -LRB103 34551 JDS 64386 b

1office employees, and employees employed by a legislative
2support services agency. "Legislative employee" does not
3include a member of the General Assembly of the State of
4Illinois; the chief of staff, deputy chief of staff, or chief
5legal counsel for the President of the Senate, the Minority
6Leader of the Senate, the Speaker of the House of
7Representatives, or the Minority Leader of the House of
8Representatives; the Secretary of the Senate; the Assistant
9Secretary of the Senate; the Clerk of the House of
10Representatives; the Assistant Clerk of the House of
11Representatives; the Legislative Inspector General; an
12employee of the Office of the Legislative Inspector General;
13the Director or any employee of the Office of State
14Legislative Labor Relations; the commissioners or employees of
15the Legislative Ethics Commission; the executive director,
16deputy director, supervising attorney, principal attorney, or
17chief fiscal officer of a legislative support services agency;
18a confidential employee; a contractual employee; a managerial
19employee; a short-term employee; a supervisor; a temporary
20employee; or an excluded employee.
21    (l) "Legislative support services agency" means the
22Commission on Government Forecasting and Accountability, the
23Joint Committee on Administrative Rules, the Legislative Audit
24Commission, the Legislative Information System, the
25Legislative Printing Unit, and the Legislative Reference



HB4148- 6 -LRB103 34551 JDS 64386 b

1    (m) "Managerial employee" means an individual who is
2engaged predominantly in executive and management functions
3and is charged with the responsibility of directing the
4effectuation of management policies and practices.
5Determination of managerial employee status shall be based on
6actual employee job duties and not solely on written job
7descriptions. Nothing in this definition prohibits an
8individual from also meeting the definition of "supervisor"
9under subsection (q) of this Section.
10    (n) "Office of State Legislative Labor Relations" means
11the Office of State Legislative Labor Relations that is
12created under Section 25 of this Act and that is responsible
13for representing and otherwise managing the interests of the
14General Assembly in collective bargaining with legislative
16    (o) "Person" includes one or more individuals, labor
17organizations, legislative employees, associations,
18corporations, legal representatives, trustees, trustees in
19bankruptcy, receivers, or the State of Illinois or any
20political subdivision of the State, including the General
21Assembly of the State of Illinois or any individual employed
22by the General Assembly of the State of Illinois.
23    (p) "Professional employee" means any employee engaged in
24work predominantly intellectual and varied in character rather
25than routine mental, manual, mechanical or physical work;
26involving the consistent exercise of discretion and adjustment



HB4148- 7 -LRB103 34551 JDS 64386 b

1in its performance; of such a character that the output
2produced or the result accomplished cannot be standardized in
3relation to a given period of time; and requiring advanced
4knowledge in a field of science or learning customarily
5acquired by a prolonged course of specialized intellectual
6instruction and study in an institution of higher learning, as
7distinguished from a general academic education or from
8apprenticeship or from training in the performance of routine
9mental, manual, or physical processes; or any employee who has
10completed the courses of specialized intellectual instruction
11and study prescribed in this subsection (p) and is performing
12related work under the supervision of a professional person to
13qualify to become a professional employee as defined in this
14subsection (p).
15    (q) "Short-term employee" means an employee who is
16employed for less than 2 consecutive calendar quarters during
17a calendar year and who does not have a reasonable assurance
18that he or she will be rehired by the same employing entity of
19the General Assembly for the same service in a subsequent
20calendar year.
21    (r) "Supervisor" mean an employee whose principal work is
22substantially different from that of the employee's
23subordinates and who has authority, in the interest of the
24General Assembly, to hire, transfer, suspend, lay off, recall,
25promote, discharge, direct, reward, or discipline employees,
26to adjust their grievances, or to effectively recommend any of



HB4148- 8 -LRB103 34551 JDS 64386 b

1those actions, if the exercise of that authority is not of a
2merely routine or clerical nature, but requires the consistent
3use of independent judgment. The term "supervisor" includes
4only those individuals who devote a preponderance of their
5employment time to exercising that authority, State
6supervisors notwithstanding. Determinations of supervisor
7status shall be based on actual employee job duties and not
8solely on written job descriptions. Nothing in this definition
9prohibits an individual from also meeting the definition of
10"managerial employee" under subsection (m) of this Section.
11    (s) "Unit" means a class of jobs or positions that are held
12by legislative employees whose collective interests may
13suitably be represented by a labor organization for collective
14bargaining. A bargaining unit determined by the Board shall
15not include (i) supervisors only or (ii) both employees and
16supervisors. Legislative employees who are partisan employees
17or legislative secretaries (other than district office
18employees) and whose ultimate jurisdictional authority under
19the State Officials and Employees Ethics Act is the President
20of the Senate, the Minority Leader of the Senate, the Speaker
21of the House of Representatives, or the Minority Leader of the
22House of Representatives shall comprise one unit, regardless
23of their political affiliation. Legislative employees who are
24nonpartisan employees and whose ultimate jurisdictional
25authority under the State Officials and Employees Ethics Act
26is the Senate Operations Commission or the Speaker of the



HB4148- 9 -LRB103 34551 JDS 64386 b

1House of Representatives shall comprise one unit. Legislative
2employees who are district office employees shall comprise one
3unit, regardless of their political affiliation.
4    Section 15. Management rights. The General Assembly shall
5not be required to bargain over matters of inherent managerial
6policy, which shall include such areas of discretion or policy
7as the following matters: the functions of the General
8Assembly, standards of services, the General Assembly's
9overall budget, the organizational structure and selection of
10new employees, examination techniques, and direction of
12    The General Assembly shall not be required to bargain over
13any one or more of the following topics: (i) matters relating
14to qualifications and elections of senators or
15representatives; (ii) matters relating to the House of
16Representatives or Senate choosing members of leadership,
17committee chairs, or officers; (iii) matters related to the
18House of Representatives or Senate adopting rules; (iv)
19matters relating to establishing committees; (v) matters
20related to considering and enacting legislation; (vi) matters
21related to exercising the legislative power of the State;
22(vii) matters relating to legislative calendars, schedules,
23and deadlines for the House of Representatives or Senate; or
24(viii) laws, rules, policies, or procedures regarding ethics
25or conflicts of interest.



HB4148- 10 -LRB103 34551 JDS 64386 b

1    The General Assembly, however, shall be required to
2bargain collectively with regard to policy matters directly
3affecting wages, hours, and terms and conditions of
4employment, as well as the impact thereon upon request by
5legislative employee representatives.
6    Notwithstanding any other provision of this Act, each
7employing entity of the General Assembly has the sole and
8exclusive authority to designate one-third of its collective
9employee positions as department or office leaders,
10confidential employees, supervisors, or excluded employees.
11The one-third of employee positions shall be calculated based
12on the total number of employee positions and not the number of
13employees at a given time. Nothing in this Section shall
14preclude the Board from exercising its discretion to designate
15additional employees as department or office leaders,
16confidential employees, supervisors, or excluded employees.
17    Section 20. Illinois Labor Relations Board.
18    (a) The State Panel of the Illinois Labor Relations Board
19established under Section 5 of the Illinois Public Labor
20Relations Act has jurisdiction over collective bargaining
21matters between employee organizations and the General
22Assembly of the State of Illinois under this Act.
23    (b) To accomplish the objectives and carry out the duties
24prescribed by this Act, the State Panel may hold elections to
25determine whether a labor organization has majority status;



HB4148- 11 -LRB103 34551 JDS 64386 b

1investigate and attempt to resolve or settle charges of unfair
2labor practices; hold hearings in order to carry out its
3functions; develop and effectuate appropriate impasse
4resolution procedures for purposes of resolving labor
5disputes; and administer oaths and affirmations. The State
6Panel shall sign and report in full an opinion in every case
7that it decides.
8    Section 25. Office of State Legislative Labor Relations.
9    (a) The Office of State Legislative Labor Relations is
10hereby created and shall be responsible for representing and
11otherwise managing the interests of the General Assembly in
12collective bargaining between the General Assembly and
13legislative employees.
14    (b) The Joint Committee on Legislative Support Services
15shall appoint the Director of the Office of State Legislative
16Labor Relations by a weighted vote of the Joint Committee's
17members within 60 days after the effective date of this Act and
18within 60 days after any subsequent vacancy in that office.
19When voting to select a Director of the Office of State
20Legislative Labor Relations, each member of the Joint
21Committee on Legislative Support Services is entitled to one
22vote for each member of his or her legislative caucus, and the
23President of the Senate and the Speaker of the House of
24Representatives are also each entitled to an additional 59



HB4148- 12 -LRB103 34551 JDS 64386 b

1    (c) The Director of the Office of State Legislative Labor
2Relations shall be appointed for a 4-year term and until his or
3her successor is appointed and qualified. The Director and
4other employees of the Office of State Legislative Labor
5Relations shall not be subject to the Personnel Code.
6    (d) The Director of the Office of State Legislative Labor
7Relations shall:
8        (1) conduct negotiations on behalf of the General
9    Assembly with legislative employees and their exclusive
10    representative or delegate that negotiating authority to a
11    designee of the Director's choosing;
12        (2) be authorized to employ, fix the compensation, and
13    prescribe the duties of negotiators, attorneys, and any
14    other necessary professional, technical, and secretarial
15    employees of the Office of State Legislative Labor
16    Relations;
17        (3) sign contracts;
18        (4) issue vouchers for the payment of obligations
19    pursuant to rules adopted by the Joint Committee on
20    Legislative Support Services; and
21        (5) receive a salary as fixed by the Joint Committee.
22    Section 30. Right to organize and bargain collectively;
23exclusive representation; fair-share arrangements.
24    (a) Legislative employees have, and are protected in the
25exercise of, the right of self-organization, and they may



HB4148- 13 -LRB103 34551 JDS 64386 b

1form, join, or assist any labor organization, to bargain
2collectively through representatives of their own choosing on
3questions of wages, hours, and other conditions of employment,
4not excluded by Section 15, and to engage in other concerted
5activities not otherwise prohibited by law for the purposes of
6collective bargaining or other mutual aid or protection, free
7from interference, restraint, or coercion. Legislative
8employees also have, and are protected in the exercise of, the
9right to refrain from participating in any such concerted
10activities. Legislative employees may be required, pursuant to
11the terms of a lawful fair-share agreement, to pay a fee which
12shall be their proportionate share of the costs of the
13collective bargaining process, contract administration, and
14pursuing matters affecting wages, hours and other conditions
15of employment as defined in subsection (g) of Section 10.
16    (b) Nothing in this Act prevents a legislative employee
17from presenting a grievance to the Office of State Legislative
18Labor Relations and having the grievance heard and settled
19without the intervention of an employee organization; provided
20that the exclusive bargaining representative is afforded the
21opportunity to be present at such conference and that any
22settlement made shall not be inconsistent with the terms of
23any agreement in effect between the General Assembly and the
24exclusive bargaining representative.
25    (c) A labor organization designated by the Board as the
26representative of the majority of legislative employees in an



HB4148- 14 -LRB103 34551 JDS 64386 b

1appropriate unit in accordance with the procedures provided in
2this Act or recognized by the Office of State Legislative
3Labor Relations as the representative of the majority of
4legislative employees in an appropriate unit is the exclusive
5representative for the employees of such unit for the purpose
6of collective bargaining with respect to rates of pay, wages,
7hours, and other conditions of employment not excluded by
8Section 15. Unless otherwise mutually agreed, the Office of
9State Legislative Labor Relations is required at least once
10each month and upon request, to furnish the exclusive
11bargaining representative with a complete list of the names
12and addresses of the legislative employees in the bargaining
13unit, provided that the Office of State Legislative Labor
14Relations shall not be required to furnish such a list more
15than once per payroll period. The exclusive bargaining
16representative shall use the list exclusively for bargaining
17representation purposes and shall not disclose any information
18contained in the list for any other purpose. Nothing in this
19Section, however, prohibits a bargaining representative from
20disseminating a list of its union members.
21    At the time the Office of State Legislative Labor
22Relations provides such list, it shall also provide to the
23exclusive representative, in a spreadsheet file or other
24mutually agreed upon editable digital file format, the
25employee's job title, work site, work telephone numbers,
26identification number, if available, and any home and personal



HB4148- 15 -LRB103 34551 JDS 64386 b

1cellular telephone numbers on file with the Office of State
2Legislative Labor Relations, date of hire, work email address,
3and any personal email address on file with the Office of State
4Legislative Labor Relations. In addition, unless otherwise
5mutually agreed, within 10 calendar days from the date of hire
6of a bargaining unit employee, the Office of State Legislative
7Labor Relations shall provide to the exclusive representative,
8in an electronic file or other mutually agreed upon format,
9the following information about the new employee: the
10employee's name, job title, work site, home address, work
11telephone numbers, and any home and personal cellular
12telephone numbers on file with the Office of State Legislative
13Labor Relations, date of hire, work email address, and any
14personal email address on file with the Office of State
15Legislative Labor Relations.
16    (d) The Office of State Legislative Labor Relations shall
17not disclose the following information of any legislative
18employee: (1) the legislative employee's home address
19(including ZIP code and county); (2) the legislative
20employee's date of birth; (3) the legislative employee's home
21and personal phone number; (4) the legislative employee's
22personal email address; (5) any information personally
23identifying employee membership or membership status in a
24labor organization or other voluntary association affiliated
25with a labor organization or a labor federation (including
26whether employees are members of such organization, the



HB4148- 16 -LRB103 34551 JDS 64386 b

1identity of such organization, whether or not employees pay or
2authorize the payment of any dues or moneys to such
3organization, and the amounts of such dues or moneys); and (6)
4emails or other communications between a labor organization
5and its members.
6    As soon as practicable after receiving a request for any
7information prohibited from disclosure under this subsection
8(d), excluding a request from the exclusive bargaining
9representative of the employee, the Office of State
10Legislative Labor Relations must provide a written copy of the
11request, or a written summary of any oral request, to the
12exclusive bargaining representative of the legislative
13employee or, if no such representative exists, to the
14legislative employee. The Office of State Legislative Labor
15Relations must also provide a copy of any response it has made
16within 5 business days of sending the response to any request.
17    If the Office of State Legislative Labor Relations
18discloses information in violation of this subsection (d), an
19aggrieved legislative employee or the legislative employee's
20exclusive bargaining representative may file an unfair labor
21practice charge with the Illinois Labor Relations Board
22pursuant to Section 50 or commence an action in the circuit
23court to enforce the provisions of this Act, including actions
24to compel compliance, if the Office of State Legislative Labor
25Relations willfully and wantonly discloses information in
26violation of this subsection. The circuit court for the county



HB4148- 17 -LRB103 34551 JDS 64386 b

1in which the complainant resides, in which the complainant is
2employed, or in which the Office of State Legislative Labor
3Relations is located shall have jurisdiction in this matter.
4    This subsection does not apply to disclosures (i) required
5under the Freedom of Information Act, (ii) for purposes of
6conducting public operations or business, or (iii) to the
7exclusive representative.
8    (e) On behalf of the General Assembly, the Office of State
9Legislative Labor Relations shall provide to exclusive
10representatives, including their agents and employees,
11reasonable access to legislative employees in the bargaining
12units they represent. This access shall at all times be
13conducted in a manner so as not to impede normal operations.
14        (1) Access includes the following:
15            (A) the right to meet with one or more employees in
16        the legislative complex or district office during the
17        workday to investigate and discuss grievances and
18        workplace-related complaints without charge to pay or
19        leave time of employees or agents of the exclusive
20        representative;
21            (B) the right to conduct work site meetings during
22        lunch and other non-work breaks, and before and after
23        the workday, in the legislative complex or district
24        office to discuss collective bargaining negotiations,
25        the administration of collective bargaining
26        agreements, other matters related to the duties of the



HB4148- 18 -LRB103 34551 JDS 64386 b

1        exclusive representative, and internal matters
2        involving the governance or business of the exclusive
3        representative, without charge to pay or leave time of
4        employees or agents of the exclusive representative;
5            (C) the right to meet with newly hired legislative
6        employees, without charge to pay or leave time of the
7        employees or agents of the exclusive representative,
8        in the legislative complex or at a location mutually
9        agreed to by the Office of State Legislative Labor
10        Relations and exclusive representative for up to one
11        hour either within the first 2 weeks of employment in
12        the bargaining unit or at a later date and time if
13        mutually agreed upon by the Office of State
14        Legislative Labor Relations and the exclusive
15        representative; and
16            (D) the right to use the facility mailboxes and
17        bulletin boards of the General Assembly to communicate
18        with bargaining unit employees regarding collective
19        bargaining negotiations, the administration of
20        collective bargaining agreements, the investigation of
21        grievances, other workplace-related complaints and
22        issues, and internal matters involving the governance
23        or business of the exclusive representative.
24        (2) Nothing in this Section prohibits the Office of
25    State Legislative Labor Relations and exclusive
26    representative from agreeing in a collective bargaining



HB4148- 19 -LRB103 34551 JDS 64386 b

1    agreement to provide the exclusive representative greater
2    access to bargaining unit employees, including through the
3    use of the General Assembly's email system.
4    (f) A labor organization recognized by the Office of State
5Legislative Labor Relations as the exclusive representative or
6so designated in accordance with the provisions of this Act is
7responsible for representing the interests of all legislative
8employees in the unit. Nothing in this Act shall be construed
9to limit an exclusive representative's right to exercise its
10discretion to refuse to process grievances of legislative
11employees that are unmeritorious.
12    (g) When a collective bargaining agreement is entered into
13with an exclusive representative, the bargaining agreement may
14include a provision requiring legislative employees covered by
15the agreement who are not members of the organization to pay
16their proportionate share of the costs of the collective
17bargaining process, contract administration and pursuing
18matters affecting wages, hours, and conditions of employment,
19as defined in subsection (g) of Section 10, but not to exceed
20the amount of dues uniformly required of members. The
21organization shall certify to the Office of State Legislative
22Labor Relations the amount constituting each nonmember
23legislative employee's proportionate share, which shall not
24exceed dues uniformly required of members. In such a case, the
25proportionate share payment in this Section shall be deducted
26by each employing entity of the General Assembly from the



HB4148- 20 -LRB103 34551 JDS 64386 b

1earnings of the nonmember legislative employees and paid to
2the employee organization.
3    (h) The General Assembly shall make payroll deductions of
4labor organization dues, initiation fees, assessments, and
5other payments for a labor organization that is the exclusive
6representative. Such deductions shall be made in accordance
7with the terms of a legislative employee's written
8authorization, and shall be paid to the exclusive
9representative. Written authorization may be evidenced by
10electronic communications, and such writing or communication
11may be evidenced by the electronic signature of the
12legislative employee as provided under Section 5-120 of the
13Uniform Electronic Transactions Act.
14    There is no impediment to a legislative employee's right
15to resign union membership at any time. However,
16notwithstanding any other provision of law to the contrary
17regarding authorization and deduction of dues or other
18payments to a labor organization, the exclusive representative
19and a legislative employee may agree to reasonable limits on
20the right of the employee to revoke such authorization,
21including a period of irrevocability that exceeds one year. An
22authorization that is irrevocable for one year, which may be
23automatically renewed for successive annual periods in
24accordance with the terms of the authorization, and that
25contains at least an annual 10-day period of time during which
26the legislative employee may revoke the authorization, shall



HB4148- 21 -LRB103 34551 JDS 64386 b

1be deemed reasonable.
2    This Section applies to all claims that allege that a
3labor organization or the General Assembly has improperly
4deducted or collected dues from a legislative employee without
5regard to whether the claims or the facts upon which they are
6based occurred before, on, or after the effective date of this
8    (i) If a collective bargaining agreement is terminated or
9continues in effect beyond its scheduled expiration date
10pending the negotiation of a successor agreement, the General
11Assembly shall continue to honor and abide by any dues
12deduction or fair-share clause contained therein until a new
13agreement is reached including dues deduction or a fair-share
14clause. For the benefit of any successor exclusive
15representative certified under this Act, this provision
16applies if the successor exclusive representative:
17        (1) certifies to the General Assembly the amount
18    constituting each nonmember's proportionate share under
19    subsection (g); or
20        (2) presents the General Assembly with employee
21    written authorizations for the deduction of dues,
22    assessments, and fees under this subsection.
23    Failure to so honor and abide by dues deduction or
24fair-share clauses for the benefit of any exclusive
25representative, including a successor, is a violation of the
26duty to bargain and an unfair labor practice.



HB4148- 22 -LRB103 34551 JDS 64386 b

1    (j) Upon receiving written notice of authorization, the
2employing entity of the General Assembly must commence dues
3deductions as soon as practicable but in no case later than 30
4days after receiving notice from the labor organization.
5Employee deductions shall be transmitted to the labor
6organization no later than 30 days after they are deducted
7unless a shorter period is mutually agreed to.
8    (k) Deductions shall remain in effect until:
9        (1) the General Assembly receives notice that a
10    legislative employee has revoked the employee's
11    authorization in writing in accordance with the terms of
12    the authorization; or
13        (2) the individual employee is no longer employed by
14    the General Assembly in a bargaining unit position
15    represented by the same exclusive representative, provided
16    that if the legislative employee is, within a period of
17    one year, employed by the General Assembly in a position
18    represented by the same labor organization, the right to
19    dues deduction shall be automatically reinstated.
20    Nothing in this subsection prevents an employee from
21continuing to authorize payroll deductions when no longer
22represented by the exclusive representative that would receive
23such deduction.
24    If the individual employee who has signed a dues deduction
25authorization card is either removed from the General
26Assembly's payroll or otherwise placed on any type of



HB4148- 23 -LRB103 34551 JDS 64386 b

1involuntary or voluntary leave of absence, whether paid or
2unpaid, the legislative employee's dues deduction shall be
3continued upon that employee's return to the payroll in a
4bargaining unit position represented by the same exclusive
5representative or restoration to active duty from such a leave
6of absence.
7    (l) Unless otherwise mutually agreed by the Office of
8State Legislative Labor Relations and the exclusive
9representative, employee requests to authorize, revoke,
10cancel, or change authorizations for payroll deductions for
11labor organizations shall be directed to the labor
12organization rather than to the Office of State Legislative
13Labor Relations or the General Assembly. The labor
14organization shall be responsible for initially processing and
15notifying the Office of State Legislative Labor Relations of
16proper requests or providing proper requests to the Office of
17State Legislative Labor Relations. If the requests are not
18provided to the Office of State Legislative Labor Relations,
19the Office of State Legislative Labor Relations shall rely on
20information provided by the labor organization regarding
21whether deductions for a labor organization were properly
22authorized, revoked, canceled, or changed, and the labor
23organization shall indemnify the General Assembly and the
24Office of State Legislative Labor Relations for any damages
25and reasonable costs incurred for any claims made by employees
26for deductions made in good faith reliance on that



HB4148- 24 -LRB103 34551 JDS 64386 b

2    (m) Upon receipt by the exclusive representative of an
3appropriate written authorization from a legislative employee,
4written notice of authorization shall be provided to the
5Office of State Legislative Labor Relations and any authorized
6deductions shall be made in accordance with law by the
7employing entity of the General Assembly following receipt of
8a copy of the notice. The labor organization shall indemnify
9the General Assembly and the Office of State Legislative Labor
10Relations for any damages and reasonable costs incurred for
11any claims made by employees for deductions made in good faith
12reliance on its notification.
13    (n) The failure of an employing entity of the General
14Assembly or the Office of State Legislative Labor Relations to
15comply with the provisions of this Section is a violation of
16the duty to bargain and an unfair labor practice. Relief for
17the violation shall be reimbursement by the General Assembly
18of dues that should have been deducted or paid based on a valid
19authorization given by the employee or employees. In addition,
20the provisions of a collective bargaining agreement that
21contain the obligations set forth in this Section may be
22enforced in accordance with Sections 40 and 80.
23    (o) The Illinois Labor Relations Board shall have
24exclusive jurisdiction over claims under Illinois law that
25allege that a labor organization has unlawfully collected dues
26from a legislative employee in violation of this Act. The



HB4148- 25 -LRB103 34551 JDS 64386 b

1Board shall, by rule, require that in cases in which a
2legislative employee alleges that a labor organization has
3unlawfully collected dues, the employing entity of the General
4Assembly shall continue to deduct the employee's dues from the
5employee's pay, but shall transmit the dues to the Board for
6deposit in an escrow account maintained by the Board. If the
7exclusive representative maintains an escrow account for the
8purpose of holding dues to which an employee has objected, the
9employing entity of the General Assembly shall transmit the
10entire amount of dues to the exclusive representative, and the
11exclusive representative shall hold in escrow the dues that
12the employing entity would otherwise have been required to
13transmit to the Board for escrow; provided that the escrow
14account maintained by the exclusive representative complies
15with rules adopted by the Board or that the collective
16bargaining agreement requiring the payment of the dues
17contains an indemnification provision for the purpose of
18indemnifying the General Assembly and the Office of State
19Legislative Labor Relations with respect to their transmission
20of dues to the exclusive representative.
21    (p) If any clause, sentence, paragraph, or subparagraph of
22this Section shall be adjudged by a court of competent
23jurisdiction to be unconstitutional or otherwise invalid, that
24judgment shall not affect, impair, or invalidate the remainder
25thereof, but shall be confined in its operation to the clause,
26sentence, paragraph, or subparagraph of this Section directly



HB4148- 26 -LRB103 34551 JDS 64386 b

1involved in the controversy in which that judgment shall have
2been rendered.
3    If any clause, sentence, paragraph, or part of a signed
4authorization for payroll deductions shall be adjudged by a
5court of competent jurisdiction to be unconstitutional or
6otherwise invalid, that judgment shall not affect, impair, or
7invalidate the remainder of the signed authorization, but
8shall be confined in its operation to the clause, sentence,
9paragraph, or part of the signed authorization directly
10involved in the controversy in which that judgment shall have
11been rendered.
12    (q) Agreements containing a fair-share agreement must
13safeguard the right of nonassociation of legislative employees
14based upon bona fide religious tenets or teachings of a church
15or religious body of which such employees are members. Such
16employees may be required to pay an amount equal to their fair
17share, determined under a lawful fair-share agreement, to a
18nonreligious charitable organization mutually agreed upon by
19the employees affected and the exclusive bargaining
20representative to which such employees would otherwise pay
21such service fee. If the affected employees and the bargaining
22representative are unable to reach an agreement on the matter,
23the Board may establish an approved list of charitable
24organizations to which such payments may be made.
25    Section 35. Duty to bargain. The Office of State



HB4148- 27 -LRB103 34551 JDS 64386 b

1Legislative Labor Relations and the exclusive representative
2have the authority and the duty to bargain collectively as set
3forth in this Section.
4    As used in this Act, "to bargain collectively" means the
5performance of the mutual obligation of the Office of State
6Legislative Labor Relations and the representative of the
7legislative employees to meet at reasonable times, including
8meetings in advance of the budget-making process, and to
9negotiate in good faith with respect to wages, hours, and
10other conditions of employment, not excluded by Section 15, or
11the negotiation of an agreement, or any question arising
12thereunder and the execution of a written contract
13incorporating any agreement reached if requested by either
14party, but such obligation does not compel either party to
15agree to a proposal or require the making of a concession.
16    The duty "to bargain collectively" also includes an
17obligation to negotiate over any matter with respect to wages,
18hours, and other conditions of employment, not specifically
19provided for in any other law or not specifically in violation
20of the provisions of any law. If any other law pertains, in
21part, to a matter affecting the wages, hours, and other
22conditions of employment, such other law shall not be
23construed as limiting the duty "to bargain collectively" and
24to enter into collective bargaining agreements containing
25clauses that either supplement, implement, or relate to the
26effect of such provisions in other laws.



HB4148- 28 -LRB103 34551 JDS 64386 b

1    The duty "to bargain collectively" also includes
2negotiations as to the terms of a collective bargaining
3agreement. The parties may, by mutual agreement, provide for
4arbitration of impasses resulting from their inability to
5agree upon wages, hours, and terms and conditions of
6employment to be included in a collective bargaining
7agreement. Such arbitration provisions shall be subject to the
8Uniform Arbitration Act unless agreed by the parties.
9    The duty "to bargain collectively" also means that no
10party to a collective bargaining agreement shall terminate or
11modify such contract, unless the party desiring such
12termination or modification:
13        (1) serves a written notice upon the other party to
14    the contract of the proposed termination or modification
15    60 days prior to the expiration date thereof, or in the
16    event such contract contains no expiration date, 60 days
17    prior to the time it is proposed to make such termination
18    or modification;
19        (2) offers to meet and confer with the other party for
20    the purpose of negotiating a new contract or a contract
21    containing the proposed modifications;
22        (3) notifies the Board within 30 days after such
23    notice of the existence of a dispute, provided no
24    agreement has been reached by that time; and
25        (4) continues in full force and effect, without
26    resorting to strike or lockout, all the terms and



HB4148- 29 -LRB103 34551 JDS 64386 b

1    conditions of the existing contract for a period of 60
2    days after such notice is given to the other party or until
3    the expiration date of such contract, whichever occurs
4    later.
5    The duties imposed by paragraphs (2), (3) and (4) shall
6become inapplicable upon an intervening certification of the
7Board, under which the labor organization, which is a party to
8the contract, has been superseded as or ceased to be the
9exclusive representative of the employees pursuant to the
10provisions of subsection (a) of Section 45, and the duties so
11imposed shall not be construed as requiring either party to
12discuss or agree to any modification of the terms and
13conditions contained in a contract for a fixed period, if such
14modification is to become effective before such terms and
15conditions can be reopened under the provisions of the
17    Notwithstanding any other provision of this Section,
18whenever collective bargaining is for the purpose of
19establishing an initial agreement following original
20certification of units with fewer than 35 employees, with
21respect to legislative employees the following apply:
22        (1) Not later than 10 days after receiving a written
23    request for collective bargaining from a labor
24    organization that has been newly certified as a
25    representative as defined in subsection (c) of Section 30,
26    or within such further period as the parties agree upon,



HB4148- 30 -LRB103 34551 JDS 64386 b

1    the parties shall meet and commence to bargain
2    collectively and shall make every reasonable effort to
3    conclude and sign a collective bargaining agreement.
4        (2) If any time after the expiration of the 90-day
5    period beginning on the date on which bargaining is
6    commenced the parties have failed to reach an agreement,
7    either party may notify the Board of the existence of a
8    dispute and request mediation in accordance with the
9    provisions of Section 60.
10    Section 40. Grievance Procedure. A collective bargaining
11agreement negotiated between the Office of State Legislative
12Labor Relations and the exclusive representative shall contain
13a grievance resolution procedure that shall apply to all
14legislative employees in the bargaining unit and shall provide
15for final and binding arbitration of disputes concerning the
16administration or interpretation of the agreement unless
17mutually agreed otherwise. Any agreement containing a final
18and binding arbitration provision shall also contain a
19provision prohibiting strikes for the duration of the
20agreement. The grievance and arbitration provisions of any
21collective bargaining agreement shall be subject to the
22Uniform Arbitration Act. The costs of such arbitration shall
23be borne equally by the Office of State Legislative Labor
24Relations and the employee organization.



HB4148- 31 -LRB103 34551 JDS 64386 b

1    Section 45. Elections; recognition.
2    (a) Whenever in accordance with such regulations as may be
3prescribed by the Board a petition has been filed:
4        (1) by a legislative employee or group of legislative
5    employees or any labor organization acting on their
6    behalf, demonstrating that 30% of the legislative
7    employees in an appropriate unit (A) wish to be
8    represented for the purposes of collective bargaining by a
9    labor organization as exclusive representative or (B)
10    asserting that the labor organization that has been
11    certified or is currently recognized by the Office of
12    State Legislative Labor Relations as bargaining
13    representative is no longer the representative of the
14    majority of legislative employees in the unit; or
15        (2) by the Office of State Legislative Labor Relations
16    on behalf of the General Assembly alleging that one or
17    more labor organizations have presented to it a claim that
18    they be recognized as the representative of a majority of
19    the legislative employees in an appropriate unit, the
20    Board shall investigate such petition, and if it has
21    reasonable cause to believe that a question of
22    representation exists, shall provide for an appropriate
23    hearing upon due notice. Such hearing shall be held at the
24    offices of the Board or such other location as the Board
25    deems appropriate. If the Board finds upon the record of
26    the hearing that a question of representation exists, it



HB4148- 32 -LRB103 34551 JDS 64386 b

1    shall direct an election in accordance with subsection (d)
2    of this Section, which election shall be held not later
3    than 120 days after the date the petition was filed
4    regardless of whether that petition was filed before or
5    after the effective date of this Act; however, the Board
6    may extend the time for holding an election by an
7    additional 60 days if, upon motion by a person who has
8    filed a petition under this Section or is the subject of a
9    petition filed under this Section and is a party to such
10    hearing, or upon the Board's own motion, the Board finds
11    that good cause has been shown for extending the election
12    date. Nothing in this Section prohibits the Board, in its
13    discretion, from extending the time for holding an
14    election for so long as may be necessary under the
15    circumstances, where the purpose for such extension is to
16    permit resolution by the Board of an unfair labor practice
17    charge filed by one of the parties to a representational
18    proceeding against the other based upon conduct that may
19    either affect the existence of a question concerning
20    representation or have a tendency to interfere with a fair
21    and free election, where the party filing the charge has
22    not filed a request to proceed with the election; and
23    provided further that prior to the expiration of the total
24    time allotted for holding an election, a person who has
25    filed a petition under this Section or is the subject of a
26    petition filed under this Section and is a party to such



HB4148- 33 -LRB103 34551 JDS 64386 b

1    hearing or the Board, may move for and obtain the entry of
2    an order in the circuit court of the county in which the
3    majority of the legislative employees sought to be
4    represented by such person reside, such order extending
5    the date upon which the election shall be held. Such order
6    shall be issued by the circuit court only upon a judicial
7    finding that there has been a sufficient showing that
8    there is good cause to extend the election date beyond
9    such period and shall require the Board to hold the
10    election as soon as is feasible given the totality of the
11    circumstances. Such 120-day period may be extended one or
12    more times by the agreement of all parties to the hearing
13    to a date certain without the necessity of obtaining a
14    court order. The showing of interest in support of a
15    petition filed under paragraph (1) of this subsection (a)
16    may be evidenced by electronic communications, and such
17    writing or communication may be evidenced by the
18    electronic signature of the employee as provided under
19    Section 5-120 of the Electronic Commerce Security Act. The
20    showing of interest shall be valid only if signed within
21    12 months prior to the filing of the petition. Nothing in
22    this Section prohibits the waiving of hearings by
23    stipulation for the purpose of a consent election in
24    conformity with the rules of the Board or an election in a
25    unit agreed upon by the parties. Other interested employee
26    organizations may intervene in the proceedings in the



HB4148- 34 -LRB103 34551 JDS 64386 b

1    manner and within the time period specified by rules of
2    the Board. Interested parties who are necessary to the
3    proceedings may also intervene in the proceedings in the
4    manner and within the time period specified by the rules
5    of the Board.
6    (b) A labor organization or the Office of State
7Legislative Labor Relations on behalf of the General Assembly
8may file a unit clarification petition seeking to clarify an
9existing bargaining unit. Unit clarification petitions may be
10filed if: (1) substantial changes occur in the duties and
11functions of an existing job title, raising an issue as to the
12title's unit placement; (2) an existing job title that is
13logically encompassed within the existing unit was
14inadvertently excluded by the parties at the time the unit was
15established; (3) a newly created job title is logically
16encompassed within an existing unit; (4) a significant change
17takes place in statutory or case law that affects the
18bargaining rights of employees; (5) a determination needs to
19be made as to the unit placement of positions in dispute
20following a certification of representative issued following a
21direction of election under subsection (d); (6) the parties
22have agreed to eliminate a position or title because the
23General Assembly no longer uses it; (7) the parties have
24agreed to exclude some of the positions in a title or
25classification from a bargaining unit and include others; or
26(8) as prescribed in rules set by the Board. The Board shall



HB4148- 35 -LRB103 34551 JDS 64386 b

1conclude its investigation, including any hearing process
2deemed necessary, and issue a certification of clarified unit
3or dismiss the petition not later than 120 days after the date
4the petition was filed. The 120-day period may be extended one
5or more times by the agreement of all parties to a hearing to a
6date certain.
7    (c) The Board shall decide in each case, in order to assure
8legislative employees the fullest freedom in exercising the
9rights guaranteed by this Act, a unit appropriate for the
10purpose of collective bargaining, based upon, but not limited
11to, such factors as: historical pattern of recognition;
12community of interest including employee skills and functions;
13degree of functional integration; interchangeability and
14contact among employees; fragmentation of employee groups;
15common supervision, wages, hours, and other working conditions
16of the employees involved; and the desires of the employees.
17For purposes of this subsection, fragmentation shall not be
18the sole or predominant factor used by the Board in
19determining an appropriate bargaining unit. A single
20bargaining unit determined by the Board may not include both
21supervisors and nonsupervisors.
22    In cases involving a historical pattern of recognition,
23and in cases where the General Assembly has recognized the
24union as the sole and exclusive bargaining agent for a
25specified existing unit, the Board shall find the employees in
26the unit then represented by the union pursuant to the



HB4148- 36 -LRB103 34551 JDS 64386 b

1recognition to be the appropriate unit.
2    The Board shall not decide that any unit is appropriate if
3such unit includes both professional employees and
4nonprofessional employees, unless a majority of each group
5votes for inclusion in such unit.
6    (d) If the Office of State Legislative Labor Relations
7does not voluntarily recognize a labor organization as the
8exclusive bargaining representative for a unit of legislative
9employees, the Board shall determine the majority
10representative of the legislative employees in an appropriate
11collective bargaining unit by conducting a secret ballot
12election. Such a secret ballot election may be conducted
13electronically, using an electronic voting system, in addition
14to paper ballot voting systems. Within 7 days after the Board
15issues its bargaining unit determination and direction of
16election or the execution of a stipulation for the purpose of a
17consent election, the Office of State Legislative Labor
18Relations shall submit to the labor organization the complete
19names and addresses of those employees who are determined by
20the Board to be eligible to participate in the election. When
21the Board has determined that a labor organization has been
22fairly and freely chosen by a majority of legislative
23employees in an appropriate unit, it shall certify such
24organization as the exclusive representative. If the Board
25determines that a majority of employees in an appropriate unit
26has fairly and freely chosen not to be represented by a labor



HB4148- 37 -LRB103 34551 JDS 64386 b

1organization, it shall so certify. The Board may also revoke
2the certification of the legislative employee organizations as
3exclusive bargaining representatives which have been found by
4a secret ballot election to be no longer the majority
6    (e) The Board shall not conduct an election in any
7bargaining unit or any subdivision thereof within which a
8valid election has been held in the preceding 12-month period.
9The Board shall determine who is eligible to vote in an
10election and shall establish rules governing the conduct of
11the election or conduct affecting the results of the election.
12The Board shall include on a ballot in a representation
13election a choice of "no representation". A labor organization
14currently representing the bargaining unit of legislative
15employees shall be placed on the ballot in any representation
16election. In any election where none of the choices on the
17ballot receives a majority, a runoff election shall be
18conducted between the 2 choices receiving the largest number
19of valid votes cast in the election. A labor organization
20which receives a majority of the votes cast in an election
21shall be certified by the Board as exclusive representative of
22all legislative employees in the unit.
23    (f) A labor organization shall be designated as the
24exclusive representative by the Office of State Legislative
25Labor Relations on behalf of the General Assembly, provided
26that the labor organization represents a majority of the



HB4148- 38 -LRB103 34551 JDS 64386 b

1legislative employees in an appropriate unit. Any employee
2organization that is designated or selected by the majority of
3legislative employees, in a unit of the General Assembly
4having no other recognized or certified representative, as
5their representative for purposes of collective bargaining may
6request recognition by the Office of State Legislative Labor
7Relations on behalf of the General Assembly in writing. The
8Office of State Legislative Labor Relations on behalf of the
9General Assembly shall post such request for a period of at
10least 20 days following its receipt thereof on bulletin boards
11or other places used or reserved for employee notices.
12    (g) Within the 20-day period any other interested employee
13organization may petition the Board in the manner specified by
14rules of the Board, provided that such interested employee
15organization has been designated by at least 10% of the
16employees in an appropriate bargaining unit which includes all
17or some of the employees in the unit recognized by the Office
18of State Legislative Labor Relations. In such event, the Board
19shall proceed with the petition in the same manner as provided
20by paragraph (1) of subsection (a) of this Section.
21    (h) No election shall be directed by the Board in any
22bargaining unit where there is in force a valid collective
23bargaining agreement. The Board, however, may process an
24election petition filed between 90 and 60 days prior to the
25expiration of the date of an agreement, and may further
26refine, by rule or decision, the implementation of this



HB4148- 39 -LRB103 34551 JDS 64386 b

1provision. Where more than 4 years have elapsed since the
2effective date of the agreement, the agreement shall continue
3to bar an election, except that the Board may process an
4election petition filed between 90 and 60 days prior to the end
5of the fifth year of such an agreement, and between 90 and 60
6days prior to the end of each successive year of such
8    (i) An order of the Board dismissing a representation
9petition, determining and certifying that a labor organization
10has been fairly and freely chosen by a majority of employees in
11an appropriate bargaining unit, or determining and certifying
12that a labor organization has not been fairly and freely
13chosen by a majority of employees in the bargaining unit is a
14final order. Any person aggrieved by any such order issued on
15or after the effective date of this Act may apply for and
16obtain judicial review in accordance with the Administrative
17Review Law, as now or hereafter amended, except that such
18review shall be afforded directly in the Appellate Court for
19the district in which the aggrieved party resides or transacts
20business. Any direct appeal to the Appellate Court shall be
21filed within 35 days from the date that a copy of the decision
22sought to be reviewed was served upon the party affected by the
24    Section 50. Unfair labor practices.
25    (a) It is an unfair labor practice for the General



HB4148- 40 -LRB103 34551 JDS 64386 b

1Assembly or its agents, including, but not limited to, the
2Office of State Legislative Labor Relations:
3        (1) to interfere with, restrain, or coerce legislative
4    employees in the exercise of the rights guaranteed in this
5    Act or to dominate or interfere with the formation,
6    existence, or administration of any labor organization or
7    contribute financial or other support to it; provided, the
8    General Assembly shall not be prohibited from permitting
9    employees to confer with the organization during working
10    hours without loss of time or pay;
11        (2) to discriminate in regard to hire or tenure of
12    employment or any term or condition of employment in order
13    to encourage or discourage membership in or other support
14    for any labor organization. Nothing in this Act or any
15    other law precludes the Office of State Legislative Labor
16    Relations on behalf of the General Assembly from making an
17    agreement with a labor organization to require as a
18    condition of employment the payment of a fair share under
19    paragraph (g) of Section 30;
20        (3) to discharge or otherwise discriminate against a
21    legislative employee because the legislative employee has
22    signed or filed an affidavit, petition, or charge or
23    provided any information or testimony under this Act;
24        (4) to refuse to bargain collectively in good faith
25    with a labor organization that is the exclusive
26    representative of legislative employees in an appropriate



HB4148- 41 -LRB103 34551 JDS 64386 b

1    unit, including, but not limited to, the discussing of
2    grievances with the exclusive representative;
3        (5) to violate any of the rules established by the
4    Board with jurisdiction over them relating to the conduct
5    of representation elections or the conduct affecting the
6    representation elections;
7        (6) to expend or cause the expenditure of public funds
8    to any external agent, individual, firm, agency,
9    partnership, or association in any attempt to influence
10    the outcome of representational elections held pursuant to
11    Section 45; provided that nothing in this subsection shall
12    be construed to limit the General Assembly's right to
13    internally communicate with its employees as provided in
14    subsection (c) of this Section, to be represented on any
15    matter pertaining to unit determinations, unfair labor
16    practice charges or pre-election conferences in any formal
17    or informal proceeding before the Board, or to seek or
18    obtain advice from legal counsel or the Office of State
19    Legislative Labor Relations. Nothing in this paragraph
20    shall be construed to prohibit the General Assembly from
21    expending or causing the expenditure of public funds on,
22    or seeking or obtaining services or advice from, any
23    organization, group, or association established by and
24    including public or educational employers, whether covered
25    by this Act, the Illinois Educational Labor Relations Act
26    or the public employment labor relations law of any other



HB4148- 42 -LRB103 34551 JDS 64386 b

1    state or the federal government, provided that such
2    services or advice are generally available to the
3    membership of the organization, group, or association, and
4    are not offered solely in an attempt to influence the
5    outcome of a particular representational election;
6        (7) to refuse to reduce a collective bargaining
7    agreement to writing or to refuse to sign such agreement;
8        (8) to interfere with, restrain, coerce, deter, or
9    discourage legislative employees or applicants to be
10    legislative employees from: (i) becoming or remaining
11    members of a labor organization; (ii) authorizing
12    representation by a labor organization; or (iii)
13    authorizing dues or fee deductions to a labor
14    organization, nor shall the General Assembly intentionally
15    permit outside third parties to use its email or other
16    communication systems to engage in that conduct. The
17    General Assembly's good faith implementation of a policy
18    to block the use of its email or other communication
19    systems for such purposes shall be a defense to an unfair
20    labor practice; or
21        (9) to disclose to any person or entity information
22    set forth in subsection (d) of Section 30 that the General
23    Assembly knows or should know will be used to interfere
24    with, restrain, coerce, deter, or discourage any
25    legislative employee from: (i) becoming or remaining
26    members of a labor organization, (ii) authorizing



HB4148- 43 -LRB103 34551 JDS 64386 b

1    representation by a labor organization, or (iii)
2    authorizing dues or fee deductions to a labor
3    organization.
4    (b) It shall be an unfair labor practice for a labor
5organization or its agents:
6        (1) to restrain or coerce legislative employees in the
7    exercise of the rights guaranteed in this Act; however,
8    (i) this paragraph shall not impair the right of a labor
9    organization to prescribe its own rules with respect to
10    the acquisition or retention of membership therein or the
11    determination of fair-share payments and (ii) a labor
12    organization or its agents shall commit an unfair labor
13    practice under this paragraph in duty of fair
14    representation cases only by intentional misconduct in
15    representing legislative employees under this Act;
16        (2) to restrain or coerce the General Assembly or the
17    Office of State Legislative Labor Relations in the
18    selection of his representatives for the purposes of
19    collective bargaining or the settlement of grievances;
20        (3) to cause, or attempt to cause, the General
21    Assembly to discriminate against an employee in violation
22    of paragraph (2) of subsection (a);
23        (4) to refuse to bargain collectively in good faith
24    with the Office of State Legislative Labor Relations on
25    behalf of the General Assembly, if it has been designated
26    in accordance with the provisions of this Act as the



HB4148- 44 -LRB103 34551 JDS 64386 b

1    exclusive representative of legislative employees in an
2    appropriate unit;
3        (5) to violate any of the rules established by the
4    boards with jurisdiction over them relating to the conduct
5    of representation elections or the conduct affecting the
6    representation elections;
7        (6) to discriminate against any legislative employee
8    because the employee has signed or filed an affidavit,
9    petition, or charge or provided any information or
10    testimony under this Act;
11        (7) to picket or cause to be picketed, or threaten to
12    picket or cause to be picketed, the General Assembly where
13    an object thereof is forcing or requiring the General
14    Assembly to recognize or bargain with a labor organization
15    of the representative of its employees, or forcing or
16    requiring legislative employees to accept or select such
17    labor organization as their collective bargaining
18    representative, unless such labor organization is
19    currently certified as the representative of such
20    employees:
21            (A) where the Office of State Legislative Labor
22        Relations has lawfully recognized in accordance with
23        this Act any labor organization and a question
24        concerning representation may not appropriately be
25        raised under Section 45;
26            (B) where within the preceding 12 months a valid



HB4148- 45 -LRB103 34551 JDS 64386 b

1        election under Section 45 has been conducted; or
2            (C) where such picketing has been conducted
3        without a petition under Section 45 being filed within
4        a reasonable period of time not to exceed 30 days from
5        the commencement of such picketing; provided that when
6        such a petition has been filed the Board shall
7        forthwith, without regard to the provisions of
8        subsection (a) of Section 45 or the absence of a
9        showing of a substantial interest on the part of the
10        labor organization, direct an election in such unit as
11        the Board finds to be appropriate and shall certify
12        the results thereof; provided further, that nothing in
13        this subparagraph shall be construed to prohibit any
14        picketing or other publicity for the purpose of
15        truthfully advising the public that the General
16        Assembly does not employ members of, or have a
17        contract with, a labor organization unless an effect
18        of such picketing is to induce any individual employed
19        by any other person in the course of his employment,
20        not to pick up, deliver, or transport any goods or not
21        to perform any services;
22        (8) to refuse to reduce a collective bargaining
23    agreement to writing or to refuse to sign such agreement;
24    or
25        (9) to strike or cause a strike in any month in which
26    one or more legislative session days are scheduled or to



HB4148- 46 -LRB103 34551 JDS 64386 b

1    interfere in any other way with the essential operation of
2    the General Assembly.
3    (c) The expressing of any views, argument, or opinion or
4the dissemination thereof, whether in written, printed,
5graphic, or visual form, shall not constitute or be evidence
6of an unfair labor practice under any of the provisions of this
7Act, if such expression contains no threat of reprisal or
8force or promise of benefit.
9    (d) The General Assembly shall not discourage legislative
10employees or applicants to become legislative employees from
11becoming or remaining union members or authorizing dues
12deductions, and shall not otherwise interfere with the
13relationship between legislative employees and their exclusive
14bargaining representative. The General Assembly shall refer
15all inquiries about union membership to the exclusive
16bargaining representative, except that the General Assembly
17may communicate with legislative employees regarding payroll
18processes and procedures. The General Assembly will establish
19email policies in an effort to prohibit the use of its email
20system by outside sources.
21    Section 55. Unfair labor practice procedures. Unfair labor
22practices may be dealt with by the Board in the following
24    (a) Whenever it is charged that any person has engaged in
25or is engaging in any unfair labor practice under this Act, the



HB4148- 47 -LRB103 34551 JDS 64386 b

1Board or any agent designated by the Board for such purposes,
2shall conduct an investigation of the charge. If after such
3investigation the Board finds that the charge involves a
4dispositive issue of law or fact, the Board shall issue a
5complaint and cause to be served upon the person a complaint
6stating the charges, accompanied by a notice of hearing before
7the Board or a member thereof designated by the Board, or
8before a qualified hearing officer designated by the Board at
9the offices of the Board or such other location as the Board
10deems appropriate, not less than 5 days after serving of such
11complaint provided that no complaint shall issue based upon
12any unfair labor practice occurring more than 6 months before
13the filing of a charge with the Board and the service of a copy
14thereof upon the person against whom the charge is made,
15unless the person aggrieved thereby did not reasonably have
16knowledge of the alleged unfair labor practice or was
17prevented from filing such a charge by reason of service in the
18armed forces, in which event the six-month period shall be
19computed from the date of his discharge. Any such complaint
20may be amended by the member or hearing officer conducting the
21hearing for the Board in his discretion at any time prior to
22the issuance of an order based thereon. The person who is the
23subject of the complaint has the right to file an answer to the
24original or amended complaint and to appear in person or by a
25representative and give testimony at the place and time fixed
26in the complaint. In the discretion of the member or hearing



HB4148- 48 -LRB103 34551 JDS 64386 b

1officer conducting the hearing or the Board, any other person
2may be allowed to intervene in the proceeding and to present
3testimony. In any hearing conducted by the Board, neither the
4Board nor the member or agent conducting the hearing shall be
5bound by the rules of evidence applicable to courts, except as
6to the rules of privilege recognized by law.
7    (b) The Board shall have the power to administer oaths.
8    (c) Any testimony taken by the Board, or a member
9designated by the Board or a hearing officer thereof, must be
10reduced to writing and filed with the Board. A full and
11complete record shall be kept of all proceedings before the
12Board, and all proceedings shall be transcribed by a reporter
13appointed by the Board. The party on whom the burden of proof
14rests shall be required to sustain such burden by a
15preponderance of the evidence. If, upon a preponderance of the
16evidence taken, the Board is of the opinion that any person
17named in the charge has engaged in or is engaging in an unfair
18labor practice, then it shall state its findings of fact and
19shall issue and cause to be served upon the person an order
20requiring him to cease and desist from the unfair labor
21practice, and to take such affirmative action, including
22reinstatement of legislative employees with or without back
23pay, as will effectuate the policies of this Act. If the Board
24awards back pay, it shall also award interest at the rate of 7%
25per annum. The Board's order may further require the person to
26make reports from time to time, and demonstrate the extent to



HB4148- 49 -LRB103 34551 JDS 64386 b

1which he has complied with the order. If there is no
2preponderance of evidence to indicate to the Board that the
3person named in the charge has engaged in or is engaging in the
4unfair labor practice, then the Board shall state its findings
5of fact and shall issue an order dismissing the complaint. The
6Board's order may in its discretion also include an
7appropriate sanction, based on the Board's rules, and the
8sanction may include an order to pay the other party or
9parties' reasonable expenses including costs and reasonable
10attorney's fee, if the other party has made allegations or
11denials without reasonable cause and found to be untrue or has
12engaged in frivolous litigation for the purpose of delay or
13needless increase in the cost of litigation; the State of
14Illinois or any agency thereof shall be subject to the
15provisions of this sentence in the same manner as any other
17    (d) Until the record in a case has been filed in court, the
18Board, at any time, upon reasonable notice and in such manner
19as it deems proper, may modify or set aside, in whole or in
20part, any finding or order made or issued by it.
21    (e) A charging party or any person aggrieved by a final
22order of the Board granting or denying in whole or in part the
23relief sought may apply for and obtain judicial review of an
24order of the Board entered under this Act, in accordance with
25the provisions of the Administrative Review Law, as now or
26hereafter amended, except that such judicial review shall be



HB4148- 50 -LRB103 34551 JDS 64386 b

1afforded directly in the Appellate Court for the district in
2which the aggrieved party resides or transacts business, and
3provided, that such judicial review shall not be available for
4the purpose of challenging a final order issued by the Board
5pursuant to Section 45 for which judicial review has been
6petitioned pursuant to subsection (i) of Section 45. Any
7direct appeal to the Appellate Court shall be filed within 35
8days from the date that a copy of the decision sought to be
9reviewed was served upon the party affected by the decision.
10The filing of such an appeal to the Appellate Court shall not
11automatically stay the enforcement of the Board's order. An
12aggrieved party may apply to the Appellate Court for a stay of
13the enforcement of the Board's order after the aggrieved party
14has followed the procedure prescribed by Supreme Court Rule
15335. The Board in proceedings under this Section may obtain an
16order of the court for the enforcement of its order.
17    (f) Whenever it appears that any person has violated a
18final order of the Board issued pursuant to this Section, the
19Board must commence an action in the name of the People of the
20State of Illinois by petition, alleging the violation,
21attaching a copy of the order of the Board, and praying for the
22issuance of an order directing the person, his officers,
23agents, servants, successors, and assigns to comply with the
24order of the Board. The Board shall be represented in this
25action by the Attorney General in accordance with the Attorney
26General Act. The court may grant or refuse, in whole or in



HB4148- 51 -LRB103 34551 JDS 64386 b

1part, the relief sought, provided that the court may stay an
2order of the Board in accordance with the Administrative
3Review Law, pending disposition of the proceedings. The court
4may punish a violation of its order as in civil contempt.
5    (g) The proceedings provided in paragraph (f) of this
6Section shall be commenced in the Appellate Court for the
7district where the unfair labor practice which is the subject
8of the Board's order was committed, or where a person required
9to cease and desist by such order resides or transacts
11    (h) The Board through the Attorney General, shall have
12power, upon issuance of an unfair labor practice complaint
13alleging that a person has engaged in or is engaging in an
14unfair labor practice, to petition the circuit court where the
15alleged unfair labor practice which is the subject of the
16Board's complaint was allegedly committed, or where a person
17required to cease and desist from such alleged unfair labor
18practice resides or transacts business, for appropriate
19temporary relief or restraining order. Upon the filing of any
20such petition, the court shall cause notice thereof to be
21served upon such persons, and thereupon shall have
22jurisdiction to grant to the Board such temporary relief or
23restraining order as it deems just and proper.
24    (i) If an unfair labor practice charge involves the
25interpretation or application of a collective bargaining
26agreement and said agreement contains a grievance procedure



HB4148- 52 -LRB103 34551 JDS 64386 b

1with binding arbitration as its terminal step, the Board may
2defer the resolution of such dispute to the grievance and
3arbitration procedure contained in said agreement.
4    Section 60. Mediation.
5    (a) The services of the mediators listed on the Public
6Employees Mediation Roster established under Section 12 of the
7Illinois Public Labor Relations Act shall be available to the
8Office of State Legislative Labor Relations and to labor
9organizations upon request of the parties for the purposes of
10mediation of grievances or contract disputes. Upon the request
11of either party, services of the Public Employees Mediation
12Roster shall be available for purposes of arbitrating disputes
13over interpretation or application of the terms of an
14agreement pursuant to Section 40. The function of the mediator
15shall be to communicate with the Office of State Legislative
16Labor Relations and exclusive representative or their
17representatives and to endeavor to bring about an amicable and
18voluntary settlement. Compensation of Roster members for
19services performed as mediators under this Act shall be paid
20equally by the parties to a mediated labor dispute.
21    (b) A mediator in a mediated labor dispute shall be
22selected by the Board from among the members of the Roster.
23    (c) Nothing in this Act or any other law prohibits the use
24of other mediators selected by the parties for the resolution
25of disputes over interpretation or application of the terms or



HB4148- 53 -LRB103 34551 JDS 64386 b

1conditions of the collective bargaining agreements between the
2General Assembly and a labor organization.
3    (d) If requested by the parties to a labor dispute, a
4mediator may perform fact-finding as set forth in Section 65.
5    Section 65. Fact-finding.
6    (a) If, after a reasonable period of negotiation over the
7terms of the agreement or upon expiration of an existing
8collective bargaining agreement, the parties have not been
9able to mutually resolve the dispute, the parties may, by
10mutual consent, initiate a fact-finding.
11    (b) Within 3 days of such request the Board must submit to
12the parties a panel of 7 qualified, disinterested persons from
13the Illinois Public Employees Mediation Roster to serve as a
14fact-finder. The parties to the dispute shall designate one of
15the 7 persons to serve as fact-finder. The fact-finder must
16act independently of the Board and may be the same person who
17participated in the mediation of the labor dispute if both
18parties consent. The person selected or appointed as
19fact-finder shall immediately establish the dates and place of
20hearings. Upon request, the Board shall schedule hearings to
21be conducted by the fact-finder. The fact-finder may
22administer oaths. The fact-finder shall initially determine
23what issues are in dispute and therefore properly before the
24fact-finder. Upon completion of the hearings, but no later
25than 45 days from the date of appointment, the fact-finder



HB4148- 54 -LRB103 34551 JDS 64386 b

1must make written findings of facts and recommendations for
2resolution of the dispute, must serve findings on the General
3Assembly and the labor organization involved, and must
4publicize such findings by mailing them to all newspapers of
5general circulation in the community. The fact-finder's
6findings shall be advisory only and shall not be binding upon
7the parties. If the parties do not accept the recommendations
8of the fact-finder as the basis for settlement, or if the
9fact-finder does not make written findings of facts and
10recommendations for the resolution of the dispute and serve
11and publicize such findings within 45 days of the date of
12appointment, the parties may resume negotiations.
13    (c) The Office of State Legislative Labor Relations and
14the labor organization that is certified as exclusive
15representative or which is recognized as exclusive
16representative in any particular bargaining unit by the State
17or political subdivision are the only proper parties to the
18fact-finding proceedings.
19    Section 70. Act takes precedence.
20    (a) In case of any conflict between the provisions of this
21Act and any other law (other than Section 5 of the State
22Employees Group Insurance Act of 1971 and other than the
23changes made to the Illinois Pension Code by Public Act
2496-889), executive order, or administrative regulation
25relating to wages, hours, and conditions of employment and



HB4148- 55 -LRB103 34551 JDS 64386 b

1employment relations, the provisions of this Act or any
2collective bargaining agreement negotiated thereunder shall
3prevail and control. The provisions of this Act are subject to
4Section 5 of the State Employees Group Insurance Act of 1971.
5    (b) Except as provided in subsection (a), any collective
6bargaining agreement between the General Assembly and a labor
7organization executed pursuant to this Act shall supersede any
8contrary statutes, charters, ordinances, rules, or regulations
9relating to wages, hours, and conditions of employment and
10employment relations adopted by the General Assembly or its
12    Section 75. Exhaustion of nonjudicial remedies. After the
13exhaustion of any procedures mandated by a collective
14bargaining agreement, suits for violation of agreements
15between the General Assembly and a labor organization
16representing legislative employees may be brought by the
17parties to such agreement in the circuit court of Cook County
18or Sangamon County.
19    Section 80. Right to strike.
20    (a) Nothing in this Act makes it unlawful or makes it an
21unfair labor practice for legislative employees to strike
22except as otherwise provided in this Act. Legislative
23employees who are permitted to strike may strike only if:
24        (1) the employees are represented by an exclusive



HB4148- 56 -LRB103 34551 JDS 64386 b

1    bargaining representative;
2        (2) the collective bargaining agreement entered into
3    on behalf of the General Assembly and the legislative
4    employees, if any, has expired, or such collective
5    bargaining agreement does not prohibit the strike;
6        (3) the exclusive representative has requested a
7    mediator pursuant to Section 60 for the purpose of
8    mediation or conciliation of a dispute between the General
9    Assembly and the exclusive representative and mediation
10    has been used;
11        (4) the strike does not occur in any month in which one
12    or more legislative session days are scheduled and does
13    not otherwise interfere with the essential operation of
14    the General Assembly; and
15        (5) at least 30 days have elapsed after a notice of
16    intent to strike has been given by the exclusive
17    bargaining representative to the Office of State
18    Legislative Labor Relations.
19    In mediation under this Section, if either party requests
20the use of mediation services from the Federal Mediation and
21Conciliation Service, the other party shall either join in
22such request or bear the additional cost of mediation services
23from another source. As used in this Section, "legislative
24session day" does not include a day that is solely a
25perfunctory session day or a day when only a legislative
26committee is meeting.



HB4148- 57 -LRB103 34551 JDS 64386 b

1    (b) A legislative employee who participates in a strike, a
2work stoppage, or a work slowdown against the General
3Assembly, in violation of this Section shall be subject to
4discipline by the employing entity of the General Assembly.
5    Section 85. Prohibitions. Nothing in this Act shall be
6construed to require an individual legislative employee to
7render labor or service without his consent; nor shall
8anything in this Act be construed to make the quitting of his
9or her labor by an individual legislative employee an illegal
10act; nor shall any court issue any process to compel the
11performance by an individual legislative employee of such
12labor or service, without the employee's consent; nor shall
13the quitting of labor by a legislative employee or legislative
14employees in good faith because of abnormally dangerous
15conditions for work at the place of employment of such
16employee be deemed a strike under this Act.
17    Section 90. Multiyear collective bargaining agreements.
18Subject to the appropriation power of the General Assembly,
19the Office of State Legislative Labor Relations and exclusive
20representatives may negotiate multiyear collective bargaining
21agreements pursuant to the provisions of this Act.
22    Section 95. Meetings. The provisions of the Open Meetings
23Act do not apply to collective bargaining negotiations and



HB4148- 58 -LRB103 34551 JDS 64386 b

1grievance arbitration conducted pursuant to this Act.
2    Section 100. Waiver of sovereign immunity. For purposes of
3this Act, the State of Illinois waives sovereign immunity.
4    Section 105. Application of Labor Dispute Act. The
5provisions of the Labor Dispute Act apply.
6    Section 900. The Criminal Code of 2012 is amended by
7changing Section 33G-4 as follows:
8    (720 ILCS 5/33G-4)
9    (Section scheduled to be repealed on June 1, 2025)
10    Sec. 33G-4. Prohibited activities.
11    (a) It is unlawful for any person, who intentionally
12participates in the operation or management of an enterprise,
13directly or indirectly, to:
14        (1) knowingly do so, directly or indirectly, through a
15    pattern of predicate activity;
16        (2) knowingly cause another to violate this Article;
17    or
18        (3) knowingly conspire to violate this Article.
19    Notwithstanding any other provision of law, in any
20prosecution for a conspiracy to violate this Article, no
21person may be convicted of that conspiracy unless an overt act
22in furtherance of the agreement is alleged and proved to have



HB4148- 59 -LRB103 34551 JDS 64386 b

1been committed by him, her, or by a coconspirator, but the
2commission of the overt act need not itself constitute
3predicate activity underlying the specific violation of this
5    (b) It is unlawful for any person knowingly to acquire or
6maintain, directly or indirectly, through a pattern of
7predicate activity any interest in, or control of, to any
8degree, any enterprise, real property, or personal property of
9any character, including money.
10    (c) Nothing in this Article shall be construed as to make
11unlawful any activity which is arguably protected or
12prohibited by the National Labor Relations Act, the Illinois
13Educational Labor Relations Act, the Legislative Employee
14Labor Relations Act, the Illinois Public Labor Relations Act,
15or the Railway Labor Act.
16    (d) The following organizations, and any officer or agent
17of those organizations acting in his or her official capacity
18as an officer or agent, may not be sued in civil actions under
19this Article:
20        (1) a labor organization; or
21        (2) any business defined in Division D, E, F, G, H, or
22    I of the Standard Industrial Classification as established
23    by the Occupational Safety and Health Administration, U.S.
24    Department of Labor.
25    (e) Any person prosecuted under this Article may be
26convicted and sentenced either:



HB4148- 60 -LRB103 34551 JDS 64386 b

1        (1) for the offense of conspiring to violate this
2    Article, and for any other particular offense or offenses
3    that may be one of the objects of a conspiracy to violate
4    this Article; or
5        (2) for the offense of violating this Article, and for
6    any other particular offense or offenses that may
7    constitute predicate activity underlying a violation of
8    this Article.
9    (f) The State's Attorney, or a person designated by law to
10act for him or her and to perform his or her duties during his
11or her absence or disability, may authorize a criminal
12prosecution under this Article. Prior to any State's Attorney
13authorizing a criminal prosecution under this Article, the
14State's Attorney shall adopt rules and procedures governing
15the investigation and prosecution of any offense enumerated in
16this Article. These rules and procedures shall set forth
17guidelines which require that any potential prosecution under
18this Article be subject to an internal approval process in
19which it is determined, in a written prosecution memorandum
20prepared by the State's Attorney's Office, that (1) a
21prosecution under this Article is necessary to ensure that the
22indictment adequately reflects the nature and extent of the
23criminal conduct involved in a way that prosecution only on
24the underlying predicate activity would not, and (2) a
25prosecution under this Article would provide the basis for an
26appropriate sentence under all the circumstances of the case



HB4148- 61 -LRB103 34551 JDS 64386 b

1in a way that a prosecution only on the underlying predicate
2activity would not. No State's Attorney, or person designated
3by law to act for him or her and to perform his or her duties
4during his or her absence or disability, may authorize a
5criminal prosecution under this Article prior to reviewing the
6prepared written prosecution memorandum. However, any internal
7memorandum shall remain protected from disclosure under the
8attorney-client privilege, and this provision does not create
9any enforceable right on behalf of any defendant or party, nor
10does it subject the exercise of prosecutorial discretion to
11judicial review.
12    (g) A labor organization and any officer or agent of that
13organization acting in his or her capacity as an officer or
14agent of the labor organization are exempt from prosecution
15under this Article.
16(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
17    Section 905. The State Lawsuit Immunity Act is amended by
18changing Section 1 as follows:
19    (745 ILCS 5/1)  (from Ch. 127, par. 801)
20    Sec. 1. Except as provided in the Illinois Public Labor
21Relations Act, the Legislative Employee Labor Relations Act,
22the Court of Claims Act, the State Officials and Employees
23Ethics Act, and Section 1.5 of this Act, the State of Illinois
24shall not be made a defendant or party in any court.



HB4148- 62 -LRB103 34551 JDS 64386 b

1(Source: P.A. 97-618, eff. 10-26-11.)
2    Section 910. The Workplace Violence Prevention Act is
3amended by changing Section 120 as follows:
4    (820 ILCS 275/120)
5    Sec. 120. Exemptions.
6    (a) The court may not enter a workplace protection
7restraining order that enjoins the following activities:
8        (1) lawful monitoring of compliance with public or
9    worker safety laws, wage and hour requirements, or other
10    statutory workplace requirements;
11        (2) lawful picketing, patrolling, using a banner, or
12    other lawful protesting at the workplace which arises out
13    of a bona fide labor dispute; and
14        (3) engaging in concerted and protected activities as
15    defined in applicable labor law.
16    (b) As used in this Section, "bona fide labor dispute"
17means any activity recognized as a labor dispute by the
18National Labor Relations Act, the Illinois Public Labor
19Relations Act, the Legislative Employee Labor Relations Act,
20or the Illinois Educational Labor Relations Act, and includes
21a controversy concerning: wages, salaries, hours, working
22conditions, or benefits, including health and welfare, sick
23leave, insurance, and pension or retirement provisions; the
24terms to be included in collective bargaining agreements; and



HB4148- 63 -LRB103 34551 JDS 64386 b

1the making, maintaining, administering, and filing of protests
2or grievances under a collective bargaining agreement.
3(Source: P.A. 98-766, eff. 7-16-14.)
4    Section 999. Effective date. This Act takes effect July 1,