Full Text of HB4048 94th General Assembly
HB4048 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4048
Introduced 2/28/2005, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED: |
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5 ILCS 315/6 |
from Ch. 48, par. 1606 |
115 ILCS 5/11 |
from Ch. 48, par. 1711 |
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Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act. Allows collective bargaining agreements to require non-members to pay a fair share of the exclusive representative's organizing expenses. Effective immediately.
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A BILL FOR
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HB4048 |
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| AN ACT concerning public labor.
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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.
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| (d) Labor organizations recognized by a public employer as | 14 |
| the exclusive
representative or so designated in accordance | 15 |
| with the provisions of this
Act are responsible for | 16 |
| representing the interests of all public employees
in the unit. | 17 |
| Nothing herein shall be construed to limit an exclusive
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| representative's right to exercise its discretion to refuse to | 19 |
| process
grievances of employees that are unmeritorious.
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| (e) When a collective bargaining agreement is entered into | 21 |
| with an exclusive
representative, it may include in the | 22 |
| agreement a provision requiring employees
covered by the | 23 |
| agreement who are not members of the organization to pay
their | 24 |
| proportionate share of the costs of the collective bargaining | 25 |
| process,
contract administration and pursuing matters | 26 |
| affecting wages, hours and
conditions of employment, as defined | 27 |
| in Section 3 (g), including organizing expenses, but not to | 28 |
| exceed
the amount of dues uniformly required of members. The | 29 |
| organization shall
certify to the employer the amount | 30 |
| constituting each nonmember employee's
proportionate share | 31 |
| which shall not exceed dues uniformly required of members.
In | 32 |
| such case, the proportionate share payment in this Section | 33 |
| shall be deducted
by the employer from the earnings of the | 34 |
| nonmember employees and paid to
the 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 |
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| the payroll
deduction of labor organization dues, fair share | 2 |
| payment, initiation fees
and assessments. Except as provided in | 3 |
| subsection (e) of this Section, any
such deductions shall only | 4 |
| be made upon an employee's written
authorization, and continued | 5 |
| until revoked in writing in the same manner or
until the | 6 |
| termination date of an applicable collective bargaining
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| agreement. Such payments shall be paid to the exclusive | 8 |
| representative.
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| Where a collective bargaining agreement is terminated, or | 10 |
| continues in effect beyond its scheduled expiration date | 11 |
| pending the negotiation of a successor agreement or the | 12 |
| resolution of an impasse under Section 14, the employer shall | 13 |
| continue to honor and abide by any dues deduction or fair share | 14 |
| clause contained therein until a new agreement is reached | 15 |
| including dues deduction or a fair share clause. For the | 16 |
| benefit of any successor exclusive representative certified | 17 |
| under this Act, this provision shall be applicable, provided | 18 |
| the successor exclusive representative: | 19 |
| (i) certifies to the employer the amount constituting | 20 |
| each non-member's proportionate share under subsection | 21 |
| (e); or | 22 |
| (ii) presents the employer with employee written | 23 |
| authorizations for the deduction of dues, assessments, and | 24 |
| fees under this subsection. | 25 |
| Failure to so honor and abide by dues deduction or fair | 26 |
| share clauses for the benefit of any exclusive representative, | 27 |
| including a successor, shall be a violation of the duty to | 28 |
| bargain and an unfair labor practice.
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| (g) Agreements containing a fair share agreement must | 30 |
| safeguard the right
of nonassociation of employees based upon | 31 |
| bona fide religious tenets or
teachings of a church or | 32 |
| religious body of which such employees are members.
Such | 33 |
| employees may be required to pay an amount equal to their fair | 34 |
| share,
determined under a lawful fair share agreement, to a | 35 |
| nonreligious charitable
organization mutually agreed upon by | 36 |
| the employees affected and the exclusive
bargaining |
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| representative to which such employees would otherwise pay such
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| service fee. If the affected employees and the bargaining | 3 |
| representative
are unable to reach an agreement on the matter, | 4 |
| the Board may establish an
approved list of charitable | 5 |
| 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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| Section 10. The Illinois Educational Labor Relations Act is | 8 |
| amended by changing Section 11 as follows:
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| (115 ILCS 5/11) (from Ch. 48, par. 1711)
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| Sec. 11. Non-member fair share payments. When a collective
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| bargaining agreement is entered into with an exclusive | 12 |
| representative, it
may include a provision requiring employees | 13 |
| covered by
the agreement who are not members of the | 14 |
| organization to pay
to the organization a fair share fee for | 15 |
| services rendered. The exclusive
representative shall certify | 16 |
| to the employer an amount not to exceed the
dues uniformly | 17 |
| required of members which shall constitute each non member
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| employee's fair share fee. The fair share fee payment shall be | 19 |
| deducted
by the employer from the earnings of the non member | 20 |
| employees and paid to
the exclusive representative.
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| The amount certified by the exclusive representative shall | 22 |
| not include
any fees for contributions related to the election | 23 |
| or support of any candidate
for political office , but may | 24 |
| include organizing expenses incurred by the exclusive | 25 |
| representative . Nothing in this Section shall preclude the non | 26 |
| member
employee from making voluntary political contributions | 27 |
| in conjunction with
his or her fair share payment.
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| Agreements containing a fair share agreement must | 29 |
| safeguard the right of
non-association of employees based upon | 30 |
| bonafide religious tenets or teaching
of a church or religious | 31 |
| body of which such employees are members. Such
employees may be | 32 |
| required to pay an amount equal to their proportionate
share, | 33 |
| determined under a proportionate share agreement, to a | 34 |
| non-religious
charitable organization mutually agreed upon by |
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| the employees affected
and the exclusive representative to | 2 |
| which such employees would otherwise
pay such fee. If the | 3 |
| affected employees and the exclusive representative
are unable | 4 |
| to reach an agreement on the matter, the Illinois Educational
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| Labor Relations Board may establish an approved list of | 6 |
| charitable
organizations to which such payments may be made.
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| The Board shall by rule require that in cases where an | 8 |
| employee files
an objection to the amount of the fair share | 9 |
| fee, the employer shall
continue to deduct the employee's fair | 10 |
| share fee from the employee's pay,
but shall transmit the fee, | 11 |
| or some portion thereof, to the Board for
deposit in an escrow | 12 |
| account maintained by the Board; provided, however,
that if the | 13 |
| exclusive representative maintains an escrow account for the
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| purpose of holding fair share fees to which an employee has | 15 |
| objected, the
employer shall transmit the entire fair share fee | 16 |
| to the exclusive
representative, and the exclusive | 17 |
| representative shall hold in escrow that
portion of the fee | 18 |
| that the employer would otherwise have been required to
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| transmit to the Board for escrow, provided that the escrow | 20 |
| account
maintained by the exclusive representative complies | 21 |
| with rules to be
promulgated by the Board within 30 days of the | 22 |
| effective date of this
amendatory Act of 1989 or that the | 23 |
| collective bargaining agreement
requiring the payment of the | 24 |
| fair share fee contains an indemnification
provision for the | 25 |
| purpose of indemnifying the employer with respect to the
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| employer's transmission of fair share fees to the exclusive | 27 |
| representative.
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| (Source: P.A. 86-412.)
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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