Full Text of SB0274 94th General Assembly
SB0274enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Section 6 as follows:
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| (5 ILCS 315/6) (from Ch. 48, par. 1606)
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| Sec. 6. Right to organize and bargain collectively; | 8 |
| exclusive
representation; and fair share arrangements. | 9 |
| (a) Employees of the State and
any political subdivision of | 10 |
| the State, excluding employees of the General
Assembly of the | 11 |
| State of Illinois, have, and are protected in the exercise
of, | 12 |
| the right of self-organization,
and may form, join or assist | 13 |
| any labor organization, to bargain collectively
through | 14 |
| representatives of their own choosing on questions of wages, | 15 |
| hours
and other conditions of employment, not excluded by | 16 |
| Section 4 of this Act,
and to engage in other concerted | 17 |
| activities not otherwise prohibited by law
for the purposes of | 18 |
| collective bargaining or other mutual aid or protection,
free | 19 |
| from interference, restraint or coercion. Employees also have, | 20 |
| and
are protected in the exercise of, the right to refrain from | 21 |
| participating
in any such concerted activities. Employees may | 22 |
| be required,
pursuant to the terms of a lawful fair share | 23 |
| agreement, to pay a fee which
shall be their proportionate | 24 |
| share
of the costs of the collective bargaining process, | 25 |
| contract administration
and pursuing matters affecting wages, | 26 |
| hours and other conditions of employment
as defined in Section | 27 |
| 3(g).
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| (b) Nothing in this Act prevents an employee from | 29 |
| presenting a grievance
to the employer and having the grievance | 30 |
| heard and settled without the
intervention of an employee | 31 |
| organization; provided that the exclusive
bargaining | 32 |
| representative is afforded the opportunity to be present at |
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| such
conference and that any settlement made shall not be | 2 |
| inconsistent with the
terms of any agreement in effect between | 3 |
| the employer and the exclusive
bargaining representative.
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| (c) A labor organization designated by the Board as the | 5 |
| representative
of the majority of public employees in an | 6 |
| appropriate unit in accordance
with the procedures herein or | 7 |
| recognized
by a public employer as the representative of the | 8 |
| majority of public employees
in an appropriate unit is the | 9 |
| exclusive representative for the employees
of such unit for the | 10 |
| purpose of collective bargaining with respect to rates
of pay, | 11 |
| wages, hours and other conditions of employment not excluded by
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| Section 4 of this Act. A public employer is required upon | 13 |
| request to furnish the exclusive bargaining representative | 14 |
| with a complete list of the names and addresses of the public | 15 |
| employees in the bargaining unit, provided that a public | 16 |
| employer shall not be required to furnish such a list more than | 17 |
| once per payroll period. The exclusive bargaining | 18 |
| representative shall use the list exclusively for bargaining | 19 |
| representation purposes and shall not disclose any information | 20 |
| contained in the list for any other purpose. Nothing in this | 21 |
| Section, however, shall prohibit a bargaining representative | 22 |
| from disseminating a list of its union members.
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| (d) Labor organizations recognized by a public employer as | 24 |
| the exclusive
representative or so designated in accordance | 25 |
| with the provisions of this
Act are responsible for | 26 |
| representing the interests of all public employees
in the unit. | 27 |
| Nothing herein shall be construed to limit an exclusive
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| representative's right to exercise its discretion to refuse to | 29 |
| process
grievances of employees that are unmeritorious.
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| (e) When a collective bargaining agreement is entered into | 31 |
| with an exclusive
representative, it may include in the | 32 |
| agreement a provision requiring employees
covered by the | 33 |
| agreement who are not members of the organization to pay
their | 34 |
| proportionate share of the costs of the collective bargaining | 35 |
| process,
contract administration and pursuing matters | 36 |
| affecting wages, hours and
conditions of employment, as defined |
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| in Section 3 (g), but not to exceed
the amount of dues | 2 |
| uniformly required of members. The organization shall
certify | 3 |
| to the employer the amount constituting each nonmember | 4 |
| employee's
proportionate share which shall not exceed dues | 5 |
| uniformly required of members.
In such case, the proportionate | 6 |
| share payment in this Section shall be deducted
by the employer | 7 |
| from the earnings of the nonmember employees and paid to
the | 8 |
| employee organization.
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| (f) Only the exclusive representative may negotiate
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| provisions in a collective bargaining agreement providing for | 11 |
| the payroll
deduction of labor organization dues, fair share | 12 |
| payment, initiation fees
and assessments. Except as provided in | 13 |
| subsection (e) of this Section, any
such deductions shall only | 14 |
| be made upon an employee's written
authorization, and continued | 15 |
| until revoked in writing in the same manner or
until the | 16 |
| termination date of an applicable collective bargaining
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| agreement. Such payments shall be paid to the exclusive | 18 |
| representative.
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| Where a collective bargaining agreement is terminated, or | 20 |
| continues in effect beyond its scheduled expiration date | 21 |
| pending the negotiation of a successor agreement or the | 22 |
| resolution of an impasse under Section 14, the employer shall | 23 |
| continue to honor and abide by any dues deduction or fair share | 24 |
| clause contained therein until a new agreement is reached | 25 |
| including dues deduction or a fair share clause. For the | 26 |
| benefit of any successor exclusive representative certified | 27 |
| under this Act, this provision shall be applicable, provided | 28 |
| the successor exclusive representative: | 29 |
| (i) certifies to the employer the amount constituting | 30 |
| each non-member's proportionate share under subsection | 31 |
| (e); or | 32 |
| (ii) presents the employer with employee written | 33 |
| authorizations for the deduction of dues, assessments, and | 34 |
| fees under this subsection. | 35 |
| Failure to so honor and abide by dues deduction or fair | 36 |
| share clauses for the benefit of any exclusive representative, |
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| including a successor, shall be a violation of the duty to | 2 |
| bargain and an unfair labor practice.
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| (g) Agreements containing a fair share agreement must | 4 |
| safeguard the right
of nonassociation of employees based upon | 5 |
| bona fide religious tenets or
teachings of a church or | 6 |
| religious body of which such employees are members.
Such | 7 |
| employees may be required to pay an amount equal to their fair | 8 |
| share,
determined under a lawful fair share agreement, to a | 9 |
| nonreligious charitable
organization mutually agreed upon by | 10 |
| the employees affected and the exclusive
bargaining | 11 |
| representative to which such employees would otherwise pay such
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| service fee. If the affected employees and the bargaining | 13 |
| representative
are unable to reach an agreement on the matter, | 14 |
| the Board may establish an
approved list of charitable | 15 |
| organizations to which such payments may be made.
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| (Source: P.A. 93-854, eff. 1-1-05.)
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