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(115 ILCS 5/11)
(from Ch. 48, par. 1711)
Non-member fair share payments.
When a collective
bargaining agreement is entered into with an exclusive representative, it
may include a provision requiring employees covered by
the agreement who are not members of the organization to pay
to the organization a fair share fee for services rendered. The exclusive
representative shall certify to the employer an amount not to exceed the
dues uniformly required of members which shall constitute each non member
employee's fair share fee. The fair share fee payment shall be deducted
by the employer from the earnings of the non member employees and paid to
the exclusive representative.
The amount certified by the exclusive representative shall not include
any fees for contributions related to the election or support of any candidate
for political office. Nothing in this Section shall preclude the non member
employee from making voluntary political contributions in conjunction with
his or her fair share payment.
If a collective bargaining agreement that includes a fair share clause expires or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement, then the employer shall continue to honor and abide by the fair share clause until a new agreement that includes a fair share clause is reached. Failure to honor and abide by the fair share clause for the benefit of any exclusive representative as set forth in this paragraph shall be a violation of the duty to bargain and an unfair labor practice.
Agreements containing a fair share agreement must safeguard the right of
non-association of employees based upon bonafide religious tenets or teaching
of a church or religious body of which such employees are members. Such
employees may be required to pay an amount equal to their proportionate
share, determined under a proportionate share agreement, to a non-religious
charitable organization mutually agreed upon by the employees affected
and the exclusive representative to which such employees would otherwise
pay such fee. If the affected employees and the exclusive representative
are unable to reach an agreement on the matter, the Illinois Educational
Labor Relations Board may establish an approved list of charitable
organizations to which such payments may be made.
The Board shall by rule require that in cases where an employee files
an objection to the amount of the fair share fee, the employer shall
continue to deduct the employee's fair share fee from the employee's pay,
but shall transmit the fee, or some portion thereof, to the Board for
deposit in an escrow account maintained by the Board; provided, however,
that if the exclusive representative maintains an escrow account for the
purpose of holding fair share fees to which an employee has objected, the
employer shall transmit the entire fair share fee to the exclusive
representative, and the exclusive representative shall hold in escrow that
portion of the fee that the employer would otherwise have been required to
transmit to the Board for escrow, provided that the escrow account
maintained by the exclusive representative complies with rules to be
promulgated by the Board within 30 days of the effective date of this
amendatory Act of 1989 or that the collective bargaining agreement
requiring the payment of the fair share fee contains an indemnification
provision for the purpose of indemnifying the employer with respect to the
employer's transmission of fair share fees to the exclusive representative.
(Source: P.A. 94-210, eff. 7-14-05.)