Full Text of HB4691 99th General Assembly
HB4691 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4691 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 | 5 ILCS 315/4 | from Ch. 48, par. 1604 | 5 ILCS 315/6 | from Ch. 48, par. 1606 | 5 ILCS 315/9 | from Ch. 48, par. 1609 | 5 ILCS 315/10 | from Ch. 48, par. 1610 |
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Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Removes the term "fair share agreement". Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 3, 4, 6, 9, and 10 as follows: | 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 7 | | Sec. 3. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, | 10 | | with respect to a matter over which the
jurisdiction of the | 11 | | Board is assigned to the State Panel or the Local Panel
under | 12 | | Section 5, the panel having jurisdiction over the matter.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and other | 15 | | conditions of employment,
as detailed in Section 7 and which | 16 | | are not excluded by Section 4.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
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| 1 | | (d) "Craft employees" means skilled journeymen, crafts | 2 | | persons, and their
apprentices and helpers.
| 3 | | (e) "Essential services employees" means those public | 4 | | employees
performing functions so essential that the | 5 | | interruption or termination of
the function will constitute a | 6 | | clear and present danger to the health and
safety of the | 7 | | persons in the affected community.
| 8 | | (f) "Exclusive representative", except with respect to | 9 | | non-State fire
fighters and paramedics employed by fire | 10 | | departments and fire protection
districts, non-State peace | 11 | | officers, and peace officers in the
Department of State Police, | 12 | | means the labor organization that has
been (i) designated by | 13 | | the Board as the representative of a majority of public
| 14 | | employees in an appropriate bargaining unit in accordance with | 15 | | the procedures
contained in this Act, (ii) historically
| 16 | | recognized by the State of Illinois or
any political | 17 | | subdivision of the State before July 1, 1984
(the effective | 18 | | date of this
Act) as the exclusive representative of the | 19 | | employees in an appropriate
bargaining unit, (iii) after July | 20 | | 1, 1984 (the
effective date of this Act) recognized by an
| 21 | | employer upon evidence, acceptable to the Board, that the labor
| 22 | | organization has been designated as the exclusive | 23 | | representative by a
majority of the employees in an appropriate | 24 | | bargaining unit;
(iv) recognized as the exclusive | 25 | | representative of personal
assistants under Executive Order | 26 | | 2003-8 prior to the effective date of this
amendatory
Act of |
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| 1 | | the 93rd General Assembly, and the organization shall be | 2 | | considered to
be the
exclusive representative of the personal | 3 | | assistants
as defined
in this Section; or (v) recognized as the | 4 | | exclusive representative of child and day care home providers, | 5 | | including licensed and license exempt providers, pursuant to an | 6 | | election held under Executive Order 2005-1 prior to the | 7 | | effective date of this amendatory Act of the 94th General | 8 | | Assembly, and the organization shall be considered to be the | 9 | | exclusive representative of the child and day care home | 10 | | providers as defined in this Section.
| 11 | | With respect to non-State fire fighters and paramedics | 12 | | employed by fire
departments and fire protection districts, | 13 | | non-State peace officers, and
peace officers in the Department | 14 | | of State Police,
"exclusive representative" means the labor | 15 | | organization that has
been (i) designated by the Board as the | 16 | | representative of a majority of peace
officers or fire fighters | 17 | | in an appropriate bargaining unit in accordance
with the | 18 | | procedures contained in this Act, (ii)
historically recognized
| 19 | | by the State of Illinois or any political subdivision of the | 20 | | State before
January 1, 1986 (the effective date of this | 21 | | amendatory Act of 1985) as the exclusive
representative by a | 22 | | majority of the peace officers or fire fighters in an
| 23 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 24 | | (the effective date of this amendatory
Act of 1985) recognized | 25 | | by an employer upon evidence, acceptable to the
Board, that the | 26 | | labor organization has been designated as the exclusive
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| 1 | | representative by a majority of the peace officers or fire | 2 | | fighters in an
appropriate bargaining unit.
| 3 | | Where a historical pattern of representation exists for the | 4 | | workers of a water system that was owned by a public utility, | 5 | | as defined in Section 3-105 of the Public Utilities Act, prior | 6 | | to becoming certified employees of a municipality or | 7 | | municipalities once the municipality or municipalities have | 8 | | acquired the water system as authorized in Section 11-124-5 of | 9 | | the Illinois Municipal Code, the Board shall find the labor | 10 | | organization that has historically represented the workers to | 11 | | be the exclusive representative under this Act, and shall find | 12 | | the unit represented by the exclusive representative to be the | 13 | | appropriate unit. | 14 | | (g) (Blank). "Fair share agreement" means an agreement | 15 | | between the employer and
an employee organization under which | 16 | | all or any of the employees in a
collective bargaining unit are | 17 | | required to pay their proportionate share of
the costs of the | 18 | | collective bargaining process, contract administration, and
| 19 | | pursuing matters affecting wages, hours, and other conditions | 20 | | of employment,
but not to exceed the amount of dues uniformly | 21 | | required of members. The
amount certified by the exclusive | 22 | | representative shall not include any fees
for contributions | 23 | | related to the election or support of any candidate for
| 24 | | political office. Nothing in this subsection (g) shall
preclude | 25 | | an employee from making
voluntary political contributions in | 26 | | conjunction with his or her fair share
payment.
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| 1 | | (g-1) "Fire fighter" means, for the purposes of this Act | 2 | | only, any
person who has been or is hereafter appointed to a | 3 | | fire department or fire
protection district or employed by a | 4 | | state university and sworn or
commissioned to perform fire | 5 | | fighter duties or paramedic duties, except that the
following | 6 | | persons are not included: part-time fire fighters,
auxiliary, | 7 | | reserve or voluntary fire fighters, including paid on-call fire
| 8 | | fighters, clerks and dispatchers or other civilian employees of | 9 | | a fire
department or fire protection district who are not | 10 | | routinely expected to
perform fire fighter duties, or elected | 11 | | officials.
| 12 | | (g-2) "General Assembly of the State of Illinois" means the
| 13 | | legislative branch of the government of the State of Illinois, | 14 | | as provided
for under Article IV of the Constitution of the | 15 | | State of Illinois, and
includes but is not limited to the House | 16 | | of Representatives, the Senate,
the Speaker of the House of | 17 | | Representatives, the Minority Leader of the
House of | 18 | | Representatives, the President of the Senate, the Minority | 19 | | Leader
of the Senate, the Joint Committee on Legislative | 20 | | Support Services and any
legislative support services agency | 21 | | listed in the Legislative Commission
Reorganization Act of | 22 | | 1984.
| 23 | | (h) "Governing body" means, in the case of the State, the | 24 | | State Panel of
the Illinois Labor Relations Board, the Director | 25 | | of the Department of Central
Management Services, and the | 26 | | Director of the Department of Labor; the county
board in the |
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| 1 | | case of a county; the corporate authorities in the case of a
| 2 | | municipality; and the appropriate body authorized to provide | 3 | | for expenditures
of its funds in the case of any other unit of | 4 | | government.
| 5 | | (i) "Labor organization" means any organization in which | 6 | | public employees
participate and that exists for the purpose, | 7 | | in whole or in part, of dealing
with a public employer | 8 | | concerning wages, hours, and other terms and conditions
of | 9 | | employment, including the settlement of grievances.
| 10 | | (i-5) "Legislative liaison" means a person who is an | 11 | | employee of a State agency, the Attorney General, the Secretary | 12 | | of State, the Comptroller, or the Treasurer, as the case may | 13 | | be, and whose job duties require the person to regularly | 14 | | communicate in the course of his or her employment with any | 15 | | official or staff of the General Assembly of the State of | 16 | | Illinois for the purpose of influencing any legislative action. | 17 | | (j) "Managerial employee" means an individual who is | 18 | | engaged
predominantly in executive and management functions | 19 | | and is charged with the
responsibility of directing the | 20 | | effectuation of management policies
and practices. With | 21 | | respect only to State employees in positions under the | 22 | | jurisdiction of the Attorney General, Secretary of State, | 23 | | Comptroller, or Treasurer (i) that were certified in a | 24 | | bargaining unit on or after December 2, 2008, (ii) for which a | 25 | | petition is filed with the Illinois Public Labor Relations | 26 | | Board on or after April 5, 2013 (the effective date of Public |
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| 1 | | Act 97-1172), or (iii) for which a petition is pending before | 2 | | the Illinois Public Labor Relations Board on that date, | 3 | | "managerial employee" means an individual who is engaged in | 4 | | executive and management functions or who is charged with the | 5 | | effectuation of management policies and practices or who | 6 | | represents management interests by taking or recommending | 7 | | discretionary actions that effectively control or implement | 8 | | policy. Nothing in this definition prohibits an individual from | 9 | | also meeting the definition of "supervisor" under subsection | 10 | | (r) of this Section.
| 11 | | (k) "Peace officer" means, for the purposes of this Act | 12 | | only, any
persons who have been or are hereafter appointed to a | 13 | | police force,
department, or agency and sworn or commissioned | 14 | | to perform police duties,
except that the following persons are | 15 | | not
included: part-time police
officers, special police | 16 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 17 | | the Illinois Municipal Code, night watchmen, "merchant | 18 | | police",
court security officers as defined by Section 3-6012.1 | 19 | | of the Counties
Code,
temporary employees, traffic guards or | 20 | | wardens, civilian parking meter and
parking facilities | 21 | | personnel or other individuals specially appointed to
aid or | 22 | | direct traffic at or near schools or public functions or to aid | 23 | | in
civil defense or disaster, parking enforcement employees who | 24 | | are not
commissioned as peace officers and who are not armed | 25 | | and who are not
routinely expected to effect arrests, parking | 26 | | lot attendants, clerks and
dispatchers or other civilian |
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| 1 | | employees of a police department who are not
routinely expected | 2 | | to effect arrests, or elected officials.
| 3 | | (l) "Person" includes one or more individuals, labor | 4 | | organizations, public
employees, associations, corporations, | 5 | | legal representatives, trustees,
trustees in bankruptcy, | 6 | | receivers, or the State of Illinois or any political
| 7 | | subdivision of the State or governing body, but does not | 8 | | include the General
Assembly of the State of Illinois or any | 9 | | individual employed by the General
Assembly of the State of | 10 | | Illinois.
| 11 | | (m) "Professional employee" means any employee engaged in | 12 | | work predominantly
intellectual and varied in character rather | 13 | | than routine mental, manual,
mechanical or physical work; | 14 | | involving the consistent exercise of discretion
and adjustment | 15 | | in its performance; of such a character that the output | 16 | | produced
or the result accomplished cannot be standardized in | 17 | | relation to a given
period of time; and requiring advanced | 18 | | knowledge in a field of science or
learning customarily | 19 | | acquired by a prolonged course of specialized intellectual
| 20 | | instruction and study in an institution of higher learning or a | 21 | | hospital,
as distinguished from a general academic education or | 22 | | from apprenticeship
or from training in the performance of | 23 | | routine mental, manual, or physical
processes; or any employee | 24 | | who has completed the courses of specialized
intellectual | 25 | | instruction and study prescribed in this subsection (m) and is
| 26 | | performing related
work under the supervision of a professional |
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| 1 | | person to qualify to become
a professional employee as defined | 2 | | in this subsection (m).
| 3 | | (n) "Public employee" or "employee", for the purposes of | 4 | | this Act, means
any individual employed by a public employer, | 5 | | including (i) interns and residents
at public hospitals, (ii) | 6 | | as of the effective date of this amendatory Act of the 93rd | 7 | | General
Assembly, but not
before, personal assistants working | 8 | | under the Home
Services
Program under Section 3 of the | 9 | | Rehabilitation of Persons with Disabilities Act, subject to
the
| 10 | | limitations set forth in this Act and in the Rehabilitation of | 11 | | Persons with Disabilities
Act,
(iii) as of the effective date | 12 | | of this amendatory Act of the 94th General Assembly, but not | 13 | | before, child and day care home providers participating in the | 14 | | child care assistance program under Section 9A-11 of the | 15 | | Illinois Public Aid Code, subject to the limitations set forth | 16 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 17 | | Code, (iv) as of January 29, 2013 (the effective date of Public | 18 | | Act 97-1158), but not before except as otherwise provided in | 19 | | this subsection (n), home care and home health workers who | 20 | | function as personal assistants and individual maintenance | 21 | | home health workers and who also work under the Home Services | 22 | | Program under Section 3 of the Rehabilitation of Persons with | 23 | | Disabilities Act, no matter whether the State provides those | 24 | | services through direct fee-for-service arrangements, with the | 25 | | assistance of a managed care organization or other | 26 | | intermediary, or otherwise, (v) beginning on the effective date |
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| 1 | | of this amendatory Act of the 98th General Assembly and | 2 | | notwithstanding any other provision of this Act, any person | 3 | | employed by a public employer and who is classified as or who | 4 | | holds the employment title of Chief Stationary Engineer, | 5 | | Assistant Chief Stationary Engineer, Sewage Plant Operator, | 6 | | Water Plant Operator, Stationary Engineer, Plant Operating | 7 | | Engineer, and any other employee who holds the position of: | 8 | | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | 9 | | Technical Manager I, Technical Manager II, Technical Manager | 10 | | III, Technical Manager IV, Technical Manager V, Technical | 11 | | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | 12 | | Specialist V, Technical Advisor I, Technical Advisor II, | 13 | | Technical Advisor III, Technical Advisor IV, or Technical | 14 | | Advisor V employed by the Department of Transportation who is | 15 | | in a position which is certified in a bargaining unit on or | 16 | | before the effective date of this amendatory Act of the 98th | 17 | | General Assembly, and (vi) beginning on the effective date of | 18 | | this amendatory Act of the 98th General Assembly and | 19 | | notwithstanding any other provision of this Act, any mental | 20 | | health administrator in the Department of Corrections who is | 21 | | classified as or who holds the position of Public Service | 22 | | Administrator (Option 8K), any employee of the Office of the | 23 | | Inspector General in the Department of Human Services who is | 24 | | classified as or who holds the position of Public Service | 25 | | Administrator (Option 7), any Deputy of Intelligence in the | 26 | | Department of Corrections who is classified as or who holds the |
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| 1 | | position of Public Service Administrator (Option 7), and any | 2 | | employee of the Department of State Police who handles issues | 3 | | concerning the Illinois State Police Sex Offender Registry and | 4 | | who is classified as or holds the position of Public Service | 5 | | Administrator (Option 7), but excluding all of the following: | 6 | | employees of the
General Assembly of the State of Illinois; | 7 | | elected officials; executive
heads of a department; members of | 8 | | boards or commissions; the Executive
Inspectors General; any | 9 | | special Executive Inspectors General; employees of each
Office | 10 | | of an Executive Inspector General;
commissioners and employees | 11 | | of the Executive Ethics Commission; the Auditor
General's | 12 | | Inspector General; employees of the Office of the Auditor | 13 | | General's
Inspector General; the Legislative Inspector | 14 | | General; any special Legislative
Inspectors General; employees | 15 | | of the Office
of the Legislative Inspector General;
| 16 | | commissioners and employees of the Legislative Ethics | 17 | | Commission;
employees
of any
agency, board or commission | 18 | | created by this Act; employees appointed to
State positions of | 19 | | a temporary or emergency nature; all employees of school
| 20 | | districts and higher education institutions except | 21 | | firefighters and peace
officers employed
by a state university | 22 | | and except peace officers employed by a school district in its | 23 | | own police department in existence on the effective date of | 24 | | this amendatory Act of the 96th General Assembly; managerial | 25 | | employees; short-term employees; legislative liaisons; a | 26 | | person who is a State employee under the jurisdiction of the |
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| 1 | | Office of the Attorney General who is licensed to practice law | 2 | | or whose position authorizes, either directly or indirectly, | 3 | | meaningful input into government decision-making on issues | 4 | | where there is room for principled disagreement on goals or | 5 | | their implementation; a person who is a State employee under | 6 | | the jurisdiction of the Office of the Comptroller who holds the | 7 | | position of Public Service Administrator or whose position is | 8 | | otherwise exempt under the Comptroller Merit Employment Code; a | 9 | | person who is a State employee under the jurisdiction of the | 10 | | Secretary of State who holds the position classification of | 11 | | Executive I or higher, whose position authorizes, either | 12 | | directly or indirectly, meaningful input into government | 13 | | decision-making on issues where there is room for principled | 14 | | disagreement on goals or their implementation, or who is | 15 | | otherwise exempt under the Secretary of State Merit Employment | 16 | | Code; employees in the Office of the Secretary of State who are | 17 | | completely exempt from jurisdiction B of the Secretary of State | 18 | | Merit Employment Code and who are in Rutan-exempt positions on | 19 | | or after April 5, 2013 (the effective date of Public Act | 20 | | 97-1172); a person who is a State employee under the | 21 | | jurisdiction of the Treasurer who holds a position that is | 22 | | exempt from the State Treasurer Employment Code; any employee | 23 | | of a State agency who (i) holds the title or position of, or | 24 | | exercises substantially similar duties as a legislative | 25 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 26 | | Executive Director, Agency Deputy Director, Agency Chief |
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| 1 | | Fiscal Officer, Agency Human Resources Director, Public | 2 | | Information Officer, or Chief Information Officer and (ii) was | 3 | | neither included in a bargaining unit nor subject to an active | 4 | | petition for certification in a bargaining unit; any employee | 5 | | of a State agency who (i) is in a position that is | 6 | | Rutan-exempt, as designated by the employer, and completely | 7 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 8 | | neither included in a bargaining unit nor subject to an active | 9 | | petition for certification in a bargaining unit; any term | 10 | | appointed employee of a State agency pursuant to Section 8b.18 | 11 | | or 8b.19 of the Personnel Code who was neither included in a | 12 | | bargaining unit nor subject to an active petition for | 13 | | certification in a bargaining unit; any employment position | 14 | | properly designated pursuant to Section 6.1 of this Act;
| 15 | | confidential employees; independent contractors; and | 16 | | supervisors except as
provided in this Act.
| 17 | | Home care
and home health workers who function as personal | 18 | | assistants and individual maintenance home health workers and | 19 | | who also work under the Home Services Program under Section 3 | 20 | | of the Rehabilitation of Persons with Disabilities Act shall | 21 | | not be considered
public
employees for any purposes not | 22 | | specifically provided for in Public Act 93-204 or Public Act | 23 | | 97-1158, including but not limited to, purposes of vicarious
| 24 | | liability in tort
and purposes of statutory retirement or | 25 | | health insurance benefits. Home care and home health workers | 26 | | who function as personal assistants and individual maintenance |
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| 1 | | home health workers and who also work under the Home Services | 2 | | Program under Section 3 of the Rehabilitation of Persons with | 3 | | Disabilities Act shall not be covered by the State Employees
| 4 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 5 | | Child and day care home providers shall not be considered | 6 | | public employees for any purposes not specifically provided for | 7 | | in this amendatory Act of the 94th General Assembly, including | 8 | | but not limited to, purposes of vicarious liability in tort and | 9 | | purposes of statutory retirement or health insurance benefits. | 10 | | Child and day care home providers shall not be covered by the | 11 | | State Employees Group Insurance Act of 1971. | 12 | | Notwithstanding Section 9, subsection (c), or any other | 13 | | provisions of
this Act, all peace officers above the rank of | 14 | | captain in
municipalities with more than 1,000,000 inhabitants | 15 | | shall be excluded
from this Act.
| 16 | | (o) Except as otherwise in subsection (o-5), "public | 17 | | employer" or "employer" means the State of Illinois; any
| 18 | | political subdivision of the State, unit of local government or | 19 | | school
district; authorities including departments, divisions, | 20 | | bureaus, boards,
commissions, or other agencies of the | 21 | | foregoing entities; and any person
acting within the scope of | 22 | | his or her authority, express or implied, on
behalf of those | 23 | | entities in dealing with its employees.
As of the effective | 24 | | date of the amendatory Act of the 93rd General Assembly,
but | 25 | | not
before, the State of Illinois shall be considered the | 26 | | employer of the personal assistants working under the Home |
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| 1 | | Services Program
under
Section 3 of the Rehabilitation of | 2 | | Persons with Disabilities Act, subject to the
limitations set | 3 | | forth
in this Act and in the Rehabilitation of Persons with | 4 | | Disabilities Act. As of January 29, 2013 (the effective date of | 5 | | Public Act 97-1158), but not before except as otherwise | 6 | | provided in this subsection (o), the State shall be considered | 7 | | the employer of home care and home health workers who function | 8 | | as personal assistants and individual maintenance home health | 9 | | workers and who also work under the Home Services Program under | 10 | | Section 3 of the Rehabilitation of Persons with Disabilities | 11 | | Act, no matter whether the State provides those services | 12 | | through direct fee-for-service arrangements, with the | 13 | | assistance of a managed care organization or other | 14 | | intermediary, or otherwise, but subject to the limitations set | 15 | | forth in this Act and the Rehabilitation of Persons with | 16 | | Disabilities Act. The State shall not
be
considered to be the | 17 | | employer of home care and home health workers who function as | 18 | | personal
assistants and individual maintenance home health | 19 | | workers and who also work under the Home Services Program under | 20 | | Section 3 of the Rehabilitation of Persons with Disabilities | 21 | | Act, for any
purposes not specifically provided for in Public | 22 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 23 | | purposes of vicarious liability in tort
and
purposes of | 24 | | statutory retirement or health insurance benefits. Home care | 25 | | and home health workers who function as
personal assistants and | 26 | | individual maintenance home health workers and who also work |
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| 1 | | under the Home Services Program under Section 3 of the | 2 | | Rehabilitation of Persons with Disabilities Act shall not be | 3 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 4 | | ILCS 375/).
As of the effective date of this amendatory Act of | 5 | | the 94th General Assembly but not before, the State of Illinois | 6 | | shall be considered the employer of the day and child care home | 7 | | providers participating in the child care assistance program | 8 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 9 | | the limitations set forth in this Act and in Section 9A-11 of | 10 | | the Illinois Public Aid Code. The State shall not be considered | 11 | | to be the employer of child and day care home providers for any | 12 | | purposes not specifically provided for in this amendatory Act | 13 | | of the 94th General Assembly, including but not limited to, | 14 | | purposes of vicarious liability in tort and purposes of | 15 | | statutory retirement or health insurance benefits. Child and | 16 | | day care home providers shall not be covered by the State | 17 | | Employees Group Insurance Act of 1971. | 18 | | "Public employer" or
"employer" as used in this Act, | 19 | | however, does not
mean and shall not include the General | 20 | | Assembly of the State of Illinois,
the Executive Ethics | 21 | | Commission, the Offices of the Executive Inspectors
General, | 22 | | the Legislative Ethics Commission, the Office of the | 23 | | Legislative
Inspector General, the Office of the Auditor | 24 | | General's Inspector General, the Office of the Governor, the | 25 | | Governor's Office of Management and Budget, the Illinois | 26 | | Finance Authority, the Office of the Lieutenant Governor, the |
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| 1 | | State Board of Elections, and educational employers or | 2 | | employers as defined in the Illinois
Educational Labor | 3 | | Relations Act, except with respect to a state university in
its | 4 | | employment of firefighters and peace officers and except with | 5 | | respect to a school district in the employment of peace | 6 | | officers in its own police department in existence on the | 7 | | effective date of this amendatory Act of the 96th General | 8 | | Assembly. County boards and county
sheriffs shall be
designated | 9 | | as joint or co-employers of county peace officers appointed
| 10 | | under the authority of a county sheriff. Nothing in this | 11 | | subsection
(o) shall be construed
to prevent the State Panel or | 12 | | the Local Panel
from determining that employers are joint or | 13 | | co-employers.
| 14 | | (o-5) With respect to
wages, fringe
benefits, hours, | 15 | | holidays, vacations, proficiency
examinations, sick leave, and | 16 | | other conditions of
employment, the public employer of public | 17 | | employees who are court reporters, as
defined in the Court | 18 | | Reporters Act, shall be determined as
follows:
| 19 | | (1) For court reporters employed by the Cook County | 20 | | Judicial
Circuit, the chief judge of the Cook County | 21 | | Circuit
Court is the public employer and employer | 22 | | representative.
| 23 | | (2) For court reporters employed by the 12th, 18th, | 24 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 25 | | circuits, a group consisting of the chief judges of those | 26 | | circuits, acting
jointly by majority vote, is the public |
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| 1 | | employer and employer representative.
| 2 | | (3) For court reporters employed by all other judicial | 3 | | circuits,
a group consisting of the chief judges of those | 4 | | circuits, acting jointly by
majority vote, is the public | 5 | | employer and employer representative.
| 6 | | (p) "Security employee" means an employee who is | 7 | | responsible for the
supervision and control of inmates at | 8 | | correctional facilities. The term
also includes other | 9 | | non-security employees in bargaining units having the
majority | 10 | | of employees being responsible for the supervision and control | 11 | | of
inmates at correctional facilities.
| 12 | | (q) "Short-term employee" means an employee who is employed | 13 | | for less
than 2 consecutive calendar quarters during a calendar | 14 | | year and who does
not have a reasonable assurance that he or | 15 | | she will be rehired by the
same employer for the same service | 16 | | in a subsequent calendar year.
| 17 | | (q-5) "State agency" means an agency directly responsible | 18 | | to the Governor, as defined in Section 3.1 of the Executive | 19 | | Reorganization Implementation Act, and the Illinois Commerce | 20 | | Commission, the Illinois Workers' Compensation Commission, the | 21 | | Civil Service Commission, the Pollution Control Board, the | 22 | | Illinois Racing Board, and the Department of State Police Merit | 23 | | Board. | 24 | | (r) "Supervisor" is: | 25 | | (1) An employee whose principal work is substantially
| 26 | | different from that of his or her subordinates and who has |
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| 1 | | authority, in the
interest of the employer, to hire, | 2 | | transfer, suspend, lay off, recall,
promote, discharge, | 3 | | direct, reward, or discipline employees, to adjust
their | 4 | | grievances, or to effectively recommend any of those | 5 | | actions, if the
exercise
of that authority is not of a | 6 | | merely routine or clerical nature, but
requires the | 7 | | consistent use of independent judgment. Except with | 8 | | respect to
police employment, the term "supervisor" | 9 | | includes only those individuals
who devote a preponderance | 10 | | of their employment time to exercising that
authority, | 11 | | State supervisors notwithstanding. Nothing in this | 12 | | definition prohibits an individual from also meeting the | 13 | | definition of "managerial employee" under subsection (j) | 14 | | of this Section. In addition, in determining
supervisory | 15 | | status in police employment, rank shall not be | 16 | | determinative.
The Board shall consider, as evidence of | 17 | | bargaining unit inclusion or
exclusion, the common law | 18 | | enforcement policies and relationships between
police | 19 | | officer ranks and certification under applicable civil | 20 | | service law,
ordinances, personnel codes, or Division 2.1 | 21 | | of Article 10 of the Illinois
Municipal Code, but these | 22 | | factors shall not
be the sole or predominant factors | 23 | | considered by the Board in determining
police supervisory | 24 | | status.
| 25 | | Notwithstanding the provisions of the preceding | 26 | | paragraph, in determining
supervisory status in fire |
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| 1 | | fighter employment, no fire fighter shall be
excluded as a | 2 | | supervisor who has established representation rights under
| 3 | | Section 9 of this Act. Further, in new fire fighter units, | 4 | | employees shall
consist of fire fighters of the rank of | 5 | | company officer and below. If a company officer otherwise | 6 | | qualifies as a supervisor under the preceding paragraph, | 7 | | however, he or she shall
not be included in the fire | 8 | | fighter
unit. If there is no rank between that of chief and | 9 | | the
highest company officer, the employer may designate a | 10 | | position on each
shift as a Shift Commander, and the | 11 | | persons occupying those positions shall
be supervisors. | 12 | | All other ranks above that of company officer shall be
| 13 | | supervisors.
| 14 | | (2) With respect only to State employees in positions | 15 | | under the jurisdiction of the Attorney General, Secretary | 16 | | of State, Comptroller, or Treasurer (i) that were certified | 17 | | in a bargaining unit on or after December 2, 2008, (ii) for | 18 | | which a petition is filed with the Illinois Public Labor | 19 | | Relations Board on or after April 5, 2013 (the effective | 20 | | date of Public Act 97-1172), or (iii) for which a petition | 21 | | is pending before the Illinois Public Labor Relations Board | 22 | | on that date, an employee who qualifies as a supervisor | 23 | | under (A) Section 152 of the National Labor Relations Act | 24 | | and (B) orders of the National Labor Relations Board | 25 | | interpreting that provision or decisions of courts | 26 | | reviewing decisions of the National Labor Relations Board. |
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| 1 | | (s)(1) "Unit" means a class of jobs or positions that are | 2 | | held by
employees whose collective interests may suitably be | 3 | | represented by a labor
organization for collective bargaining. | 4 | | Except with respect to non-State fire
fighters and paramedics | 5 | | employed by fire departments and fire protection
districts, | 6 | | non-State peace officers, and peace officers in the Department | 7 | | of
State Police, a bargaining unit determined by the Board | 8 | | shall not include both
employees and supervisors, or | 9 | | supervisors only, except as provided in paragraph
(2) of this | 10 | | subsection (s) and except for bargaining units in existence on | 11 | | July
1, 1984 (the effective date of this Act). With respect to | 12 | | non-State fire
fighters and paramedics employed by fire | 13 | | departments and fire protection
districts, non-State peace | 14 | | officers, and peace officers in the Department of
State Police, | 15 | | a bargaining unit determined by the Board shall not include | 16 | | both
supervisors and nonsupervisors, or supervisors only, | 17 | | except as provided in
paragraph (2) of this subsection (s) and | 18 | | except for bargaining units in
existence on January 1, 1986 | 19 | | (the effective date of this amendatory Act of
1985). A | 20 | | bargaining unit determined by the Board to contain peace | 21 | | officers
shall contain no employees other than peace officers | 22 | | unless otherwise agreed to
by the employer and the labor | 23 | | organization or labor organizations involved.
Notwithstanding | 24 | | any other provision of this Act, a bargaining unit, including a
| 25 | | historical bargaining unit, containing sworn peace officers of | 26 | | the Department
of Natural Resources (formerly designated the |
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| 1 | | Department of Conservation) shall
contain no employees other | 2 | | than such sworn peace officers upon the effective
date of this | 3 | | amendatory Act of 1990 or upon the expiration date of any
| 4 | | collective bargaining agreement in effect upon the effective | 5 | | date of this
amendatory Act of 1990 covering both such sworn | 6 | | peace officers and other
employees.
| 7 | | (2) Notwithstanding the exclusion of supervisors from | 8 | | bargaining units
as provided in paragraph (1) of this | 9 | | subsection (s), a public
employer may agree to permit its | 10 | | supervisory employees to form bargaining units
and may bargain | 11 | | with those units. This Act shall apply if the public employer
| 12 | | chooses to bargain under this subsection.
| 13 | | (3) Public employees who are court reporters, as defined
in | 14 | | the Court Reporters Act,
shall be divided into 3 units for | 15 | | collective bargaining purposes. One unit
shall be court | 16 | | reporters employed by the Cook County Judicial Circuit; one
| 17 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 18 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 19 | | and one unit shall be court reporters employed by all other
| 20 | | judicial circuits.
| 21 | | (t) "Active petition for certification in a bargaining | 22 | | unit" means a petition for certification filed with the Board | 23 | | under one of the following case numbers: S-RC-11-110; | 24 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 25 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 26 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
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| 1 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 2 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 3 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 4 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 5 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 6 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 7 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 8 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 9 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 10 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 11 | | S-RC-07-100. | 12 | | (Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14; | 13 | | 99-143, eff. 7-27-15.)
| 14 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 15 | | (Text of Section WITH the changes made by P.A. 98-599, | 16 | | which has been held unconstitutional) | 17 | | Sec. 4. Management Rights. Employers shall not be required | 18 | | to bargain
over matters of inherent managerial policy, which | 19 | | shall include such areas
of discretion or policy as the | 20 | | functions of the employer, standards of
services,
its overall | 21 | | budget, the organizational structure and selection of new
| 22 | | employees, examination techniques
and direction of employees. | 23 | | Employers, however, shall be required to bargain
collectively | 24 | | with regard to
policy matters directly affecting wages, hours | 25 | | and terms and conditions of employment
as well as the impact |
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| 1 | | thereon upon request by employee representatives, except as | 2 | | provided in Section 7.5.
| 3 | | To preserve the rights of employers and exclusive | 4 | | representatives which
have established collective bargaining | 5 | | relationships or negotiated collective
bargaining agreements | 6 | | prior to the effective date of this Act, employers
shall be | 7 | | required to bargain collectively with regard to any matter | 8 | | concerning
wages, hours or conditions of employment about which | 9 | | they have bargained
for and agreed to in a collective | 10 | | bargaining agreement
prior to the effective date of this Act, | 11 | | except as provided in Section 7.5.
| 12 | | The chief judge of the judicial circuit that employs a | 13 | | public employee who
is
a court reporter, as defined in the | 14 | | Court Reporters Act, has the authority to
hire, appoint, | 15 | | promote, evaluate, discipline, and discharge court reporters
| 16 | | within that judicial circuit.
| 17 | | Nothing in this amendatory Act of the 94th General Assembly | 18 | | shall
be construed to intrude upon the judicial functions of | 19 | | any court. This
amendatory Act of the 94th General Assembly | 20 | | applies only to nonjudicial
administrative matters relating to | 21 | | the collective bargaining rights of court
reporters.
| 22 | | (Source: P.A. 98-599, eff. 6-1-14 .) | 23 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 24 | | which has been held unconstitutional) | 25 | | Sec. 4. Management Rights. Employers shall not be required |
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| 1 | | to bargain
over matters of inherent managerial policy, which | 2 | | shall include such areas
of discretion or policy as the | 3 | | functions of the employer, standards of
services,
its overall | 4 | | budget, the organizational structure and selection of new
| 5 | | employees, examination techniques
and direction of employees. | 6 | | Employers, however, shall be required to bargain
collectively | 7 | | with regard to
policy matters directly affecting wages, hours | 8 | | and terms and conditions of employment
as well as the impact | 9 | | thereon upon request by employee representatives.
| 10 | | To preserve the rights of employers and exclusive | 11 | | representatives which
have established collective bargaining | 12 | | relationships or negotiated collective
bargaining agreements | 13 | | prior to the effective date of this Act, employers
shall be | 14 | | required to bargain collectively with regard to any matter | 15 | | concerning
wages, hours or conditions of employment about which | 16 | | they have bargained
for and agreed to in a collective | 17 | | bargaining agreement
prior to the effective date of this Act , | 18 | | except as provided in subsection (e-1) of Section 6 .
| 19 | | The chief judge of the judicial circuit that employs a | 20 | | public employee who
is
a court reporter, as defined in the | 21 | | Court Reporters Act, has the authority to
hire, appoint, | 22 | | promote, evaluate, discipline, and discharge court reporters
| 23 | | within that judicial circuit.
| 24 | | Nothing in this amendatory Act of the 94th General Assembly | 25 | | shall
be construed to intrude upon the judicial functions of | 26 | | any court. This
amendatory Act of the 94th General Assembly |
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| 1 | | applies only to nonjudicial
administrative matters relating to | 2 | | the collective bargaining rights of court
reporters.
| 3 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 4 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| 5 | | Sec. 6. Right to organize and bargain collectively; | 6 | | exclusive
representation; and right to work fair share | 7 | | arrangements . | 8 | | (a) Employees of the State and
any political subdivision of | 9 | | the State, excluding employees of the General
Assembly of the | 10 | | State of Illinois and employees excluded from the definition of | 11 | | "public employee" under subsection (n) of Section 3 of this | 12 | | Act, have, and are protected in the exercise
of, the right of | 13 | | self-organization,
and may form, join or assist any labor | 14 | | organization, to bargain collectively
through representatives | 15 | | of their own choosing on questions of wages, hours
and other | 16 | | conditions of employment, not excluded by Section 4 of this | 17 | | Act,
and to engage in other concerted activities not otherwise | 18 | | prohibited by law
for the purposes of collective bargaining or | 19 | | other mutual aid or protection,
free from interference, | 20 | | restraint or coercion. Employees also have, and
are protected | 21 | | in the exercise of, the right to refrain from participating
in | 22 | | any such concerted activities. Employees may be required,
| 23 | | pursuant to the terms of a lawful fair share agreement, to pay | 24 | | a fee which
shall be their proportionate share
of the costs of | 25 | | the collective bargaining process, contract administration
and |
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| 1 | | pursuing matters affecting wages, hours and other conditions of | 2 | | employment
as defined in Section 3(g).
| 3 | | (b) Nothing in this Act prevents an employee from | 4 | | presenting a grievance
to the employer and having the grievance | 5 | | heard and settled without the
intervention of an employee | 6 | | organization; provided that the exclusive
bargaining | 7 | | representative is afforded the opportunity to be present at | 8 | | such
conference and that any settlement made shall not be | 9 | | inconsistent with the
terms of any agreement in effect between | 10 | | the employer and the exclusive
bargaining representative.
| 11 | | (c) A labor organization designated by the Board as the | 12 | | representative
of the majority of public employees in an | 13 | | appropriate unit in accordance
with the procedures herein or | 14 | | recognized
by a public employer as the representative of the | 15 | | majority of public employees
in an appropriate unit is the | 16 | | exclusive representative for the employees
of such unit for the | 17 | | purpose of collective bargaining with respect to rates
of pay, | 18 | | wages, hours and other conditions of employment not excluded by
| 19 | | Section 4 of this Act. A public employer is required upon | 20 | | request to furnish the exclusive bargaining representative | 21 | | with a complete list of the names and addresses of the public | 22 | | employees in the bargaining unit, provided that a public | 23 | | employer shall not be required to furnish such a list more than | 24 | | once per payroll period. The exclusive bargaining | 25 | | representative shall use the list exclusively for bargaining | 26 | | representation purposes and shall not disclose any information |
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| 1 | | contained in the list for any other purpose. Nothing in this | 2 | | Section, however, shall prohibit a bargaining representative | 3 | | from disseminating a list of its union members.
| 4 | | (d) Labor organizations recognized by a public employer as | 5 | | the exclusive
representative or so designated in accordance | 6 | | with the provisions of this
Act are responsible for | 7 | | representing the interests of all public employees
in the unit. | 8 | | Nothing herein shall be construed to limit an exclusive
| 9 | | representative's right to exercise its discretion to refuse to | 10 | | process
grievances of employees that are unmeritorious.
| 11 | | (e) (Blank). When a collective bargaining agreement is | 12 | | entered into with an exclusive
representative, it may include | 13 | | in the agreement a provision requiring employees
covered by the | 14 | | agreement who are not members of the organization to pay
their | 15 | | proportionate share of the costs of the collective bargaining | 16 | | process,
contract administration and pursuing matters | 17 | | affecting wages, hours and
conditions of employment, as defined | 18 | | in Section 3 (g), but not to exceed
the amount of dues | 19 | | uniformly required of members. The organization shall
certify | 20 | | to the employer the amount constituting each nonmember | 21 | | employee's
proportionate share which shall not exceed dues | 22 | | uniformly required of members.
In such case, the proportionate | 23 | | share payment in this Section shall be deducted
by the employer | 24 | | from the earnings of the nonmember employees and paid to
the | 25 | | employee organization.
| 26 | | (e-1) Employees shall not be required as a condition of |
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| 1 | | obtaining or continuing public employment to do any of the | 2 | | following: | 3 | | (1) refrain or resign from membership in, voluntary | 4 | | affiliation with, or voluntary financial support of a labor | 5 | | organization or bargaining representative; | 6 | | (2) become or remain a member of a labor organization | 7 | | or bargaining representative; | 8 | | (3) pay any dues, fees, assessments, or other charges | 9 | | or expenses of any kind or amount, or provide anything of | 10 | | value to a labor organization or bargaining | 11 | | representative; or | 12 | | (4) pay to any charitable organization or third party | 13 | | any amount that is in lieu of, equivalent to, or any | 14 | | portion of dues, fees, assessments, or other charges or | 15 | | expenses required of members of or public employees | 16 | | represented by a labor organization or bargaining | 17 | | representative. | 18 | | (e-3) An agreement, contract, understanding, or practice | 19 | | between or involving a public employer, labor organization, or | 20 | | exclusive representative that violates subsection (e-1) is | 21 | | unlawful and unenforceable. This subsection applies only to an | 22 | | agreement, contract, understanding, or practice that takes | 23 | | effect, modified, or is extended or renewed after the effective | 24 | | date of this amendatory Act of the 99th General Assembly, and | 25 | | the following provisions shall apply: | 26 | | (1) The court of appeals has exclusive original |
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| 1 | | jurisdiction over any action challenging the validity of | 2 | | subsections (e-1). The court of appeals shall hear the | 3 | | action in an expedited manner. | 4 | | (2) A person, public employer, or labor organization | 5 | | that violates subsection (e-1) is liable for a civil fine | 6 | | of not more than $500.00. A civil fine recovered under this | 7 | | Section shall be submitted to the State Treasurer for | 8 | | deposit in the General Revenue Fund. | 9 | | (3) Except for actions required to be brought under | 10 | | paragraph (1) of this subsection (e-3), a person who | 11 | | suffers an injury as a result of a violation or threatened | 12 | | violation of subsection (e-1) may bring a civil action for | 13 | | damages, injunctive relief, or both. In addition, a court | 14 | | shall award court costs and reasonable attorney fees to a | 15 | | plaintiff who prevails in an action brought under this | 16 | | subsection. Remedies provided in this subsection are | 17 | | independent of and in addition to other penalties and | 18 | | remedies prescribed by this Act. | 19 | | (f) Only the exclusive representative may negotiate
| 20 | | provisions in a collective bargaining agreement providing for | 21 | | the payroll
deduction of labor organization dues, fair share | 22 | | payment, initiation fees
and assessments. Any Except as | 23 | | provided in subsection (e) of this Section, any
such deductions | 24 | | shall only be made upon an employee's written
authorization, | 25 | | and continued until revoked in writing in the same manner or
| 26 | | until the termination date of an applicable collective |
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| 1 | | bargaining
agreement. Such payments shall be paid to the | 2 | | exclusive representative.
| 3 | | Where a collective bargaining agreement is terminated, or | 4 | | continues in effect beyond its scheduled expiration date | 5 | | pending the negotiation of a successor agreement or the | 6 | | resolution of an impasse under Section 14, the employer shall | 7 | | continue to honor and abide by any dues deduction or fair share | 8 | | clause contained therein until a new agreement is reached | 9 | | including a dues deduction or a fair share clause. For the | 10 | | benefit of any successor exclusive representative certified | 11 | | under this Act, this provision shall be applicable, provided | 12 | | the successor exclusive representative : (i) certifies to the | 13 | | employer the amount constituting each non-member's | 14 | | proportionate share under subsection (e); or (ii) presents the | 15 | | employer with employee written authorizations for the | 16 | | deduction of dues, assessments, and fees under this subsection. | 17 | | Failure to so honor and abide by dues deduction or fair | 18 | | share clauses for the benefit of any exclusive representative, | 19 | | including a successor, shall be a violation of the duty to | 20 | | bargain and an unfair labor practice.
| 21 | | (g) (Blank). Agreements containing a fair share agreement | 22 | | must safeguard the right
of nonassociation of employees based | 23 | | upon bona fide religious tenets or
teachings of a church or | 24 | | religious body of which such employees are members.
Such | 25 | | employees may be required to pay an amount equal to their fair | 26 | | share,
determined under a lawful fair share agreement, to a |
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| 1 | | nonreligious charitable
organization mutually agreed upon by | 2 | | the employees affected and the exclusive
bargaining | 3 | | representative to which such employees would otherwise pay such
| 4 | | service fee. If the affected employees and the bargaining | 5 | | representative
are unable to reach an agreement on the matter, | 6 | | the Board may establish an
approved list of charitable | 7 | | organizations to which such payments may be made.
| 8 | | (Source: P.A. 97-1172, eff. 4-5-13.)
| 9 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 10 | | Sec. 9. Elections; recognition.
| 11 | | (a) Whenever in accordance with such
regulations as may be | 12 | | prescribed by the Board a petition has been filed:
| 13 | | (1) by a public employee or group of public employees | 14 | | or any labor
organization acting in their behalf | 15 | | demonstrating that 30% of the public
employees in an | 16 | | appropriate unit (A) wish to be represented for the
| 17 | | purposes of collective bargaining by a labor organization | 18 | | as exclusive
representative, or (B) asserting that the | 19 | | labor organization which has been
certified or is currently | 20 | | recognized by the public employer as bargaining
| 21 | | representative is no longer the representative of the | 22 | | majority of public
employees in the unit; or
| 23 | | (2) by a public employer alleging that one or more | 24 | | labor organizations
have presented to it a claim that they | 25 | | be recognized as the representative
of a majority of the |
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| 1 | | public employees in an appropriate unit,
| 2 | | the Board
shall investigate such petition, and if it has | 3 | | reasonable cause to believe
that a question of representation | 4 | | exists, shall provide for an appropriate
hearing upon due | 5 | | notice. Such hearing shall be held at the offices of
the Board | 6 | | or such other location as the Board deems appropriate.
If it | 7 | | finds upon the record of the hearing that a question of
| 8 | | representation exists, it shall direct an election in | 9 | | accordance with
subsection (d) of this Section, which election | 10 | | shall be held not later than
120 days after the date the | 11 | | petition was filed regardless of whether that
petition was | 12 | | filed before or after the effective date of this amendatory
Act | 13 | | of 1987; provided, however, the Board may extend the time for | 14 | | holding an
election by an additional 60 days if, upon motion by | 15 | | a person who has filed
a petition under this Section or is the | 16 | | subject of a petition filed under
this Section and is a party | 17 | | to such hearing, or upon the Board's own
motion, the Board | 18 | | finds that good cause has been shown for extending the
election | 19 | | date; provided further, that nothing in this Section shall | 20 | | prohibit
the Board, in its discretion, from extending the time | 21 | | for holding an
election for so long as may be necessary under | 22 | | the circumstances, where the
purpose for such extension is to | 23 | | permit resolution by the Board of an
unfair labor practice | 24 | | charge filed by one of the parties to a
representational | 25 | | proceeding against the other based upon conduct which may
| 26 | | either affect the existence of a question concerning |
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| 1 | | representation or have
a tendency to interfere with a fair and | 2 | | free election, where the party
filing the charge has not filed | 3 | | a request to proceed with the election; and
provided further | 4 | | that prior to the expiration of the total time allotted
for | 5 | | holding an election, a person who has filed a petition under | 6 | | this
Section or is the subject of a petition filed under this | 7 | | Section and is a
party to such hearing or the Board, may move | 8 | | for and obtain the entry
of an order in the circuit court of | 9 | | the county in which the majority of the
public employees sought | 10 | | to be represented by such person reside, such order
extending | 11 | | the date upon which the election shall be held. Such order | 12 | | shall
be issued by the circuit court only upon a judicial | 13 | | finding that there has
been a sufficient showing that there is | 14 | | good cause to extend the election
date beyond such period and | 15 | | shall require the Board to hold the
election as soon as is | 16 | | feasible given the totality of the circumstances.
Such 120 day | 17 | | period may be extended one or more times by the agreement
of | 18 | | all parties to the hearing to a date certain without the | 19 | | necessity of
obtaining a court order. Nothing in this Section | 20 | | prohibits the waiving
of hearings by stipulation for the | 21 | | purpose of a consent election in conformity
with the rules and | 22 | | regulations of the Board or an election in a unit agreed
upon | 23 | | by the parties. Other interested employee organizations may | 24 | | intervene
in the proceedings in the manner and within the time | 25 | | period specified by
rules and regulations of the Board. | 26 | | Interested parties who are necessary
to the proceedings may |
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| 1 | | also intervene in the proceedings in the manner and
within the | 2 | | time period specified by the rules and regulations of the | 3 | | Board.
| 4 | | (a-5) The Board shall designate an exclusive | 5 | | representative for purposes
of
collective bargaining when the | 6 | | representative demonstrates a showing of
majority interest by | 7 | | employees in the unit. If the parties to a dispute are
without
| 8 | | agreement on the means to ascertain the choice, if any, of | 9 | | employee
organization
as their representative, the Board shall | 10 | | ascertain the employees' choice of
employee organization, on | 11 | | the basis of dues deduction authorization or other
evidence, | 12 | | or, if necessary, by conducting an election. All evidence | 13 | | submitted by an employee organization to the Board to ascertain | 14 | | an employee's choice of an employee organization is | 15 | | confidential and shall not be submitted to the employer for | 16 | | review. The Board shall ascertain the employee's choice of | 17 | | employee organization within 120 days after the filing of the | 18 | | majority interest petition; however, the Board may extend time | 19 | | by an additional 60 days, upon its own motion or upon the | 20 | | motion of a party to the proceeding. If either party provides
| 21 | | to the Board, before the designation of a representative, clear | 22 | | and convincing
evidence that the dues deduction | 23 | | authorizations, and other evidence upon which
the Board would | 24 | | otherwise rely to ascertain the employees' choice of
| 25 | | representative, are fraudulent or were obtained through | 26 | | coercion, the Board
shall promptly thereafter conduct an |
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| 1 | | election. The Board shall also investigate
and consider a | 2 | | party's allegations that the dues deduction authorizations and
| 3 | | other evidence submitted in support of a designation of | 4 | | representative without
an election were subsequently changed, | 5 | | altered, withdrawn, or withheld as a
result of employer fraud, | 6 | | coercion, or any other unfair labor practice by the
employer. | 7 | | If the Board determines that a labor organization would have | 8 | | had a
majority interest but for an employer's fraud, coercion, | 9 | | or unfair labor
practice, it shall designate the labor | 10 | | organization as an exclusive
representative without conducting | 11 | | an
election. If a hearing is necessary to resolve any issues of | 12 | | representation under this Section, the Board shall conclude its | 13 | | hearing process and issue a certification of the entire | 14 | | appropriate unit not later than 120 days after the date the | 15 | | petition was filed. The 120-day period may be extended one or | 16 | | more times by the agreement of all parties to a hearing to a | 17 | | date certain.
| 18 | | (a-6) A labor organization or an employer may file a unit | 19 | | clarification petition seeking to clarify an existing | 20 | | bargaining unit. The Board shall conclude its investigation, | 21 | | including any hearing process deemed necessary, and issue a | 22 | | certification of clarified unit or dismiss the petition not | 23 | | later than 120 days after the date the petition was filed. The | 24 | | 120-day period may be extended one or more times by the | 25 | | agreement of all parties to a hearing to a date certain. | 26 | | (b) The Board shall decide in each case, in order to assure |
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| 1 | | public employees
the fullest freedom in exercising the rights | 2 | | guaranteed by this Act, a unit
appropriate for the purpose of | 3 | | collective bargaining, based upon but not
limited to such | 4 | | factors as: historical pattern of recognition; community
of | 5 | | interest including employee skills and functions; degree of | 6 | | functional
integration; interchangeability and contact among | 7 | | employees; fragmentation
of employee groups; common | 8 | | supervision, wages, hours and other working
conditions of the | 9 | | employees involved; and the desires of the employees.
For | 10 | | purposes of this subsection, fragmentation shall not be the | 11 | | sole or
predominant factor used by the Board in determining an | 12 | | appropriate
bargaining unit. Except with respect to non-State | 13 | | fire fighters and
paramedics employed by fire departments and | 14 | | fire protection districts,
non-State peace officers and peace | 15 | | officers in the State
Department of State Police, a single | 16 | | bargaining unit determined by the
Board may not include both | 17 | | supervisors and nonsupervisors, except for
bargaining units in | 18 | | existence on the effective date of this Act. With
respect to | 19 | | non-State fire fighters and paramedics employed by fire
| 20 | | departments and fire protection districts, non-State peace | 21 | | officers and
peace officers in the State Department of State | 22 | | Police, a single bargaining
unit determined by the Board may | 23 | | not include both supervisors and
nonsupervisors, except for | 24 | | bargaining units in existence on the effective
date of this | 25 | | amendatory Act of 1985.
| 26 | | In cases involving an historical pattern of recognition, |
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| 1 | | and in cases where
the employer has recognized the union as the | 2 | | sole and exclusive bargaining
agent for a specified existing | 3 | | unit, the Board shall find the employees
in the unit then | 4 | | represented by the union pursuant to the recognition to
be the | 5 | | appropriate unit.
| 6 | | Notwithstanding the above factors, where the majority of | 7 | | public employees
of a craft so decide, the Board shall | 8 | | designate such craft as a unit
appropriate for the purposes of | 9 | | collective bargaining.
| 10 | | The Board shall not decide that any unit is appropriate if | 11 | | such unit
includes both professional and nonprofessional | 12 | | employees, unless a majority
of each group votes for inclusion | 13 | | in such unit.
| 14 | | (c) Except as provided in subsection (e-1) of Section 6, | 15 | | nothing Nothing in this Act shall interfere with or negate the | 16 | | current
representation rights or patterns and practices of | 17 | | labor organizations
which have historically represented public | 18 | | employees for the purpose of
collective bargaining, including | 19 | | but not limited to the negotiations of
wages, hours and working | 20 | | conditions, discussions of employees' grievances,
resolution | 21 | | of jurisdictional disputes, or the establishment and | 22 | | maintenance
of prevailing wage rates, unless a majority of | 23 | | employees so represented
express a contrary desire pursuant to | 24 | | the procedures set forth in this Act.
| 25 | | (d) In instances where the employer does not voluntarily | 26 | | recognize a labor
organization as the exclusive bargaining |
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| 1 | | representative for a unit of
employees, the Board shall | 2 | | determine the majority representative of the
public employees | 3 | | in an appropriate collective bargaining unit by conducting
a | 4 | | secret ballot election, except as otherwise provided in | 5 | | subsection (a-5).
Within 7 days after the Board issues its
| 6 | | bargaining unit determination and direction of election or the | 7 | | execution of
a stipulation for the purpose of a consent | 8 | | election, the public employer
shall submit to the labor | 9 | | organization the complete names and addresses of
those | 10 | | employees who are determined by the Board to be eligible to
| 11 | | participate in the election. When the Board has determined that | 12 | | a labor
organization has been fairly and freely chosen by a | 13 | | majority of employees
in an appropriate unit, it shall certify | 14 | | such organization as the exclusive
representative. If the Board | 15 | | determines that a majority of employees in an
appropriate unit | 16 | | has fairly and freely chosen not to be represented by a
labor | 17 | | organization, it shall so certify. The Board may also revoke | 18 | | the
certification of the public employee organizations as | 19 | | exclusive bargaining
representatives which have been found by a | 20 | | secret ballot election to be no
longer the majority | 21 | | representative.
| 22 | | (e) The Board shall not conduct an election in any | 23 | | bargaining unit or
any subdivision thereof within which a valid | 24 | | election has been held in the
preceding 12-month period. The | 25 | | Board shall determine who is eligible to
vote in an election | 26 | | and shall establish rules governing the conduct of the
election |
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| 1 | | or conduct affecting the results of the election. The Board | 2 | | shall
include on a ballot in a representation election a choice | 3 | | of "no
representation". A labor organization currently | 4 | | representing the bargaining
unit of employees shall be placed | 5 | | on the ballot in any representation
election. In any election | 6 | | where none of the choices on the ballot receives
a majority, a | 7 | | runoff election shall be conducted between the 2 choices
| 8 | | receiving the largest number of valid votes cast in the | 9 | | election. A labor
organization which receives a majority of the | 10 | | votes cast in an election
shall be certified by the Board as | 11 | | exclusive representative of all public
employees in the unit.
| 12 | | (f) A labor
organization shall be designated as the | 13 | | exclusive representative by a
public employer, provided that | 14 | | the labor
organization represents a majority of the public | 15 | | employees in an
appropriate unit. Any employee organization | 16 | | which is designated or selected
by the majority of public | 17 | | employees, in a unit of the public employer
having no other | 18 | | recognized or certified representative, as their
| 19 | | representative for purposes of collective bargaining may | 20 | | request
recognition by the public employer in writing. The | 21 | | public employer shall
post such request for a period of at | 22 | | least 20 days following its receipt
thereof on bulletin boards | 23 | | or other places used or reserved for employee
notices.
| 24 | | (g) Within the 20-day period any other interested employee | 25 | | organization
may petition the Board in the manner specified by | 26 | | rules and regulations
of the Board, provided that such |
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| 1 | | interested employee organization has been
designated by at | 2 | | least 10% of the employees in an appropriate bargaining
unit | 3 | | which includes all or some of the employees in the unit | 4 | | recognized
by the employer. In such event, the Board shall | 5 | | proceed with the petition
in the same manner as provided by | 6 | | paragraph (1) of subsection (a) of this
Section.
| 7 | | (h) No election shall be directed by the Board in any | 8 | | bargaining unit
where there is in force a valid collective | 9 | | bargaining agreement. The Board,
however, may process an | 10 | | election petition filed between 90 and 60 days prior
to the | 11 | | expiration of the date of an agreement, and may further refine, | 12 | | by
rule or decision, the implementation of this provision.
| 13 | | Where more than 4 years have elapsed since the effective date | 14 | | of the agreement,
the agreement shall continue to bar an | 15 | | election, except that the Board may
process an election | 16 | | petition filed between 90 and 60 days prior to the end of
the | 17 | | fifth year of such an agreement, and between 90 and 60 days | 18 | | prior to the
end of each successive year of such agreement.
| 19 | | (i) An order of the Board dismissing a representation | 20 | | petition,
determining and certifying that a labor organization | 21 | | has been fairly and
freely chosen by a majority of employees in | 22 | | an appropriate bargaining unit,
determining and certifying | 23 | | that a labor organization has not been fairly
and freely chosen | 24 | | by a majority of employees in the bargaining unit or
certifying | 25 | | a labor organization as the exclusive representative of
| 26 | | employees in an appropriate bargaining unit because of a |
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| 1 | | determination by
the Board that the labor organization is the | 2 | | historical bargaining
representative of employees in the | 3 | | bargaining unit, is a final order. Any
person aggrieved by any | 4 | | such order issued on or after the effective date of
this | 5 | | amendatory Act of 1987 may apply for and obtain judicial review | 6 | | in
accordance with provisions of the Administrative Review Law, | 7 | | as now or
hereafter amended, except that such review shall be | 8 | | afforded directly in
the Appellate Court for the district in | 9 | | which the aggrieved party resides
or transacts business.
Any | 10 | | direct appeal to the Appellate Court shall be filed within 35 | 11 | | days from
the date that a copy of the decision sought to be | 12 | | reviewed was served upon the
party affected by the decision.
| 13 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 14 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| 15 | | Sec. 10. Unfair labor practices.
| 16 | | (a) It shall be an unfair labor practice
for an employer or | 17 | | its agents:
| 18 | | (1) to interfere with, restrain or coerce public | 19 | | employees in the
exercise of the rights guaranteed in this | 20 | | Act or to dominate or interfere
with the formation, | 21 | | existence or administration of any labor organization
or | 22 | | contribute financial or other support to it; provided, an | 23 | | employer shall
not be prohibited from permitting employees | 24 | | to confer with him during
working hours without loss of | 25 | | time or pay;
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| 1 | | (2) to discriminate in regard to hire or tenure of | 2 | | employment or any term
or condition of employment in order | 3 | | to encourage or discourage membership
in or other support | 4 | | for any labor organization . Nothing in this Act or any
| 5 | | other law precludes a public employer from making an | 6 | | agreement with a labor
organization to require as a | 7 | | condition of employment the payment of a fair
share under | 8 | | paragraph (e) of Section 6 ;
| 9 | | (3) to discharge or otherwise discriminate against a | 10 | | public employee because
he has signed or filed an | 11 | | affidavit, petition or charge or provided any
information | 12 | | or testimony under this Act;
| 13 | | (4) to refuse to bargain collectively in good faith | 14 | | with a labor
organization which is the exclusive | 15 | | representative of public employees in
an appropriate unit, | 16 | | including, but not limited to, the discussing of
grievances | 17 | | with the exclusive representative;
| 18 | | (5) to violate any of the rules and regulations | 19 | | established by the Board
with jurisdiction over them | 20 | | relating to the conduct of representation elections
or the | 21 | | conduct affecting the representation elections;
| 22 | | (6) to expend or cause the expenditure of public funds | 23 | | to any external
agent, individual, firm, agency, | 24 | | partnership or association in any attempt
to influence the | 25 | | outcome of representational elections held pursuant to
| 26 | | Section 9 of this Act; provided, that nothing in this |
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| 1 | | subsection shall be
construed to limit an employer's right | 2 | | to internally communicate with its
employees as provided in | 3 | | subsection (c) of this Section, to be represented
on any | 4 | | matter pertaining to unit determinations, unfair labor | 5 | | practice
charges or pre-election conferences in any formal | 6 | | or informal proceeding
before the Board, or to seek or | 7 | | obtain advice from legal counsel.
Nothing in this paragraph | 8 | | shall be construed to prohibit an employer from
expending | 9 | | or causing the expenditure of public funds on, or seeking | 10 | | or
obtaining services or advice from, any organization, | 11 | | group, or association
established by and including public | 12 | | or educational employers, whether
covered by this Act, the | 13 | | Illinois Educational Labor Relations Act or the
public | 14 | | employment labor relations law of any other state or the | 15 | | federal
government, provided that such services or advice | 16 | | are generally available
to the membership of the | 17 | | organization, group or association, and are not
offered | 18 | | solely in an attempt to influence the outcome of a | 19 | | particular
representational election; or
| 20 | | (7) to refuse to reduce a collective bargaining | 21 | | agreement to writing
or to refuse to sign such agreement.
| 22 | | (b) It shall be an unfair labor practice for a labor | 23 | | organization or its agents:
| 24 | | (1) to restrain or coerce public employees in the | 25 | | exercise of the rights
guaranteed in this Act, provided, | 26 | | (i) that this paragraph shall
not impair the right of a |
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| 1 | | labor organization to prescribe its own rules
with respect | 2 | | to the acquisition or retention of membership therein or | 3 | | the
determination of fair share payments and (ii) that a | 4 | | labor organization
or its agents shall commit an unfair | 5 | | labor practice under this paragraph in
duty of fair | 6 | | representation cases only by intentional misconduct in
| 7 | | representing employees under this Act;
| 8 | | (2) to restrain or coerce a public employer in the | 9 | | selection of his
representatives for the purposes of | 10 | | collective bargaining or the settlement
of grievances; or
| 11 | | (3) to cause, or attempt to cause, an employer to | 12 | | discriminate against
an employee in violation of | 13 | | subsection (a)(2);
| 14 | | (4) to refuse to bargain collectively in good faith | 15 | | with a public employer,
if it has been designated in | 16 | | accordance with the provisions of this Act
as the exclusive | 17 | | representative of public employees in an appropriate unit;
| 18 | | (5) to violate any of the rules and regulations | 19 | | established by the
boards with jurisdiction over them | 20 | | relating to the conduct of
representation elections or the | 21 | | conduct affecting the representation elections;
| 22 | | (6) to discriminate against any employee because he has | 23 | | signed or filed
an affidavit, petition or charge or | 24 | | provided any information or testimony
under this Act;
| 25 | | (7) to picket or cause to be picketed, or threaten to | 26 | | picket or cause
to be picketed, any public employer where |
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| 1 | | an object thereof is forcing or
requiring an employer to | 2 | | recognize or bargain with a labor organization
of the | 3 | | representative of its employees, or forcing or requiring | 4 | | the employees
of an employer to accept or select such labor | 5 | | organization as their collective
bargaining | 6 | | representative, unless such labor organization is | 7 | | currently
certified as the representative of such | 8 | | employees:
| 9 | | (A) where the employer has lawfully recognized in | 10 | | accordance with this
Act any labor organization and a | 11 | | question concerning representation may
not | 12 | | appropriately be raised under Section 9 of this Act;
| 13 | | (B) where within the preceding 12 months a valid | 14 | | election under Section
9 of this Act has been | 15 | | conducted; or
| 16 | | (C) where such picketing has been conducted | 17 | | without a petition under Section
9 being filed within a | 18 | | reasonable period of time not to exceed 30 days from
| 19 | | the commencement of such picketing; provided that when | 20 | | such a petition has
been filed the Board shall | 21 | | forthwith, without regard to the provisions of
| 22 | | subsection (a) of Section 9 or the absence of a showing | 23 | | of a substantial
interest on the part of the labor | 24 | | organization, direct an election in such
unit as the | 25 | | Board finds to be appropriate and shall certify the | 26 | | results
thereof; provided further, that nothing in |
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| 1 | | this subparagraph shall be construed
to prohibit any | 2 | | picketing or other publicity for the purpose of | 3 | | truthfully
advising the public that an employer does | 4 | | not employ members of, or have a
contract with, a labor | 5 | | organization unless an effect of such picketing is
to | 6 | | induce any individual employed by any other person in | 7 | | the course of his
employment, not to pick up, deliver, | 8 | | or transport any goods or not to
perform any services; | 9 | | or
| 10 | | (8) to refuse to reduce a collective bargaining | 11 | | agreement to writing
or to refuse to sign such agreement.
| 12 | | (c) The expressing of any views, argument, or opinion or | 13 | | the
dissemination thereof, whether in written, printed, | 14 | | graphic, or visual
form, shall not constitute or be evidence of | 15 | | an unfair labor practice under
any of the provisions of this | 16 | | Act, if such expression contains no threat of
reprisal or force | 17 | | or promise of benefit.
| 18 | | (Source: P.A. 86-412; 87-736.)
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