Full Text of SB1322 102nd General Assembly
SB1322 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1322 Introduced 2/25/2021, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: | | 115 ILCS 5/3 | from Ch. 48, par. 1703 |
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Amends the Illinois Educational Labor Relations Act. Makes a technical
change
in a Section concerning employee rights.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Educational Labor Relations Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (115 ILCS 5/3) (from Ch. 48, par. 1703)
| 7 | | Sec. 3. Employee rights; exclusive representative rights. | 8 | | (a) It shall be lawful for educational employees
to | 9 | | organize, form, join, or assist in employee organizations or | 10 | | engage in
lawful concerted activities for the
the purpose of | 11 | | collective bargaining or
other mutual aid and protection or | 12 | | bargain collectively through representatives
of their own free | 13 | | choice and, except as provided in Section 11, such employees
| 14 | | shall also have the right to refrain from any or all such | 15 | | activities. | 16 | | (b) Representatives selected by educational employees in a | 17 | | unit appropriate
for collective bargaining purposes shall be | 18 | | the exclusive representative
of all the employees in such unit | 19 | | to
bargain on wages, hours, terms and conditions of | 20 | | employment. However,
any individual employee or a group of | 21 | | employees may at any time present
grievances to their employer | 22 | | and have them adjusted without the intervention
of the | 23 | | bargaining representative as long as the adjustment is not |
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| 1 | | inconsistent
with the terms of a collective bargaining | 2 | | agreement then in effect, provided
that the bargaining | 3 | | representative has been given an opportunity to be present
at | 4 | | such adjustment.
| 5 | | (c) Employers shall provide to exclusive representatives, | 6 | | including their agents and employees, reasonable access to and | 7 | | information about employees in the bargaining units they | 8 | | represent. This access shall at all times be conducted in a | 9 | | manner so as not to impede normal operations. | 10 | | (1) Access includes the following: | 11 | | (A) the right to meet with one or more employees on | 12 | | the employer's premises during the work day to | 13 | | investigate and discuss grievances and | 14 | | workplace-related complaints without charge to pay or | 15 | | leave time of employees or agents of the exclusive | 16 | | representative; | 17 | | (B) the right to conduct worksite meetings during | 18 | | lunch and other non-work breaks, and before and after | 19 | | the workday, on the employer's premises to discuss | 20 | | collective bargaining negotiations, the administration | 21 | | of collective bargaining agreements, other matters | 22 | | related to the duties of the exclusive representative, | 23 | | and internal matters involving the governance or | 24 | | business of the exclusive representative, without | 25 | | charge to pay or leave time of employees or agents of | 26 | | the exclusive representative; |
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| 1 | | (C) the right to meet with newly hired employees, | 2 | | without charge to pay or leave time of the employees or | 3 | | agents of the exclusive representative, on the | 4 | | employer's premises or at a location mutually agreed | 5 | | to by the employer and exclusive representative for up | 6 | | to one hour either within the first two weeks of | 7 | | employment in the bargaining unit or at a later date | 8 | | and time if mutually agreed upon by the employer and | 9 | | the exclusive representative; and | 10 | | (D) the right to use the facility mailboxes and | 11 | | bulletin boards of the employer to communicate with | 12 | | bargaining unit employees regarding collective | 13 | | bargaining negotiations, the administration of the | 14 | | collective bargaining agreements, the investigation of | 15 | | grievances, other workplace-related complaints and | 16 | | issues, and internal matters involving the governance | 17 | | or business of the exclusive representative. | 18 | | Nothing in this Section shall prohibit an employer and | 19 | | exclusive representative from agreeing in a collective | 20 | | bargaining agreement to provide the exclusive | 21 | | representative greater access to bargaining unit | 22 | | employees, including through the use of the employer's | 23 | | email system. | 24 | | (2) Information about employees includes, but is not | 25 | | limited to, the following: | 26 | | (A) within 10 calendar days from the beginning of |
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| 1 | | every school term and every 30 calendar days | 2 | | thereafter in the school term, in an Excel file or | 3 | | other editable digital file format agreed to by the | 4 | | exclusive representative, the employee's name, job | 5 | | title, worksite location, home address, work telephone | 6 | | numbers, identification number if available, and any | 7 | | home and personal cellular telephone numbers on file | 8 | | with the employer, date of hire, work email address, | 9 | | and any personal email address on file with the | 10 | | employer; and | 11 | | (B) unless otherwise mutually agreed upon, within | 12 | | 10 calendar days from the date of hire of a bargaining | 13 | | unit employee, in an electronic file or other format | 14 | | agreed to by the exclusive representative, the | 15 | | employee's name, job title, worksite location, home | 16 | | address, work telephone numbers, and any home and | 17 | | personal cellular telephone numbers on file with the | 18 | | employer, date of hire, work email address, and any | 19 | | personal email address on file with the employer. | 20 | | (d) No employer shall disclose the following information | 21 | | of any employee: (1) the employee's home address (including | 22 | | ZIP code and county); (2) the employee's date of birth; (3) the | 23 | | employee's home and personal phone number; (4) the employee's | 24 | | personal email address; (5) any information personally | 25 | | identifying employee membership or membership status in a | 26 | | labor organization or other voluntary association affiliated |
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| 1 | | with a labor organization or a labor federation (including | 2 | | whether employees are members of such organization, the | 3 | | identity of such organization, whether or not employees pay or | 4 | | authorize the payment of any dues of moneys to such | 5 | | organization, and the amounts of such dues or moneys); and (6) | 6 | | emails or other communications between a labor organization | 7 | | and its members. | 8 | | As soon as practicable after receiving a request for any | 9 | | information prohibited from disclosure under this subsection | 10 | | (d), excluding a request from the exclusive bargaining | 11 | | representative of the employee, the employer must provide a | 12 | | written copy of the request, or a written summary of any oral | 13 | | request, to the exclusive bargaining representative of the | 14 | | employee or, if no such representative exists, to the | 15 | | employee. The employer must also provide a copy of any | 16 | | response it has made within 5 business days of sending the | 17 | | response to any request. | 18 | | If an employer discloses information in violation of this | 19 | | subsection (d), an aggrieved employee of the employer or his | 20 | | or her exclusive bargaining representative may file an unfair | 21 | | labor practice charge with the Illinois Educational Labor | 22 | | Relations Board pursuant to Section 14 of this Act or commence | 23 | | an action in the circuit court to enforce the provisions of | 24 | | this Act, including actions to compel compliance, if an | 25 | | employer willfully and wantonly discloses information in | 26 | | violation of this subsection. The circuit court for the county |
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| 1 | | in which the complainant resides, in which the complainant is | 2 | | employed, or in which the employer is located shall have | 3 | | jurisdiction in this matter. | 4 | | This subsection does not apply to disclosures (i) required | 5 | | under the Freedom of Information Act, (ii) for purposes of | 6 | | conducting public operations or business, or (iii) to the | 7 | | exclusive representative. | 8 | | (Source: P.A. 101-620, eff. 12-20-19.)
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