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90_SB1060
New Act
820 ILCS 5/1 from Ch. 48, par. 2a
820 ILCS 25/0.01 from Ch. 48, par. 2b.9
820 ILCS 25/1.1 new
820 ILCS 25/Act title
Creates the Illinois Labor Equity Act. Prohibits the
State, units of local government and school districts from
entering into contracts with, making loans or grants to,
surveying lands on behalf of, or purchasing the securities of
any employer which has offered or granted the status of a
permanent replacement employee to an individual for
performing bargaining unit work for the employer during a
labor dispute. Amends the Advertisement for Strike Workers
Act. Changes the short title to the Advertisement for and
Employment of Strike Workers Act. Provides that no public or
educational employer may hire permanent replacements for
employees lawfully striking under the Public Labor Relations
Act or Educational Labor Relations Act. Provides that a
court may grant injunctive relief to enforce those
provisions. Amends the Labor Dispute Act to provide that it
does not apply to injunctions issued by a court under the
Advertisement for and Employment of Strike Workers Act.
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1 AN ACT in relation to labor, creating and amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Illinois Labor Equity Act.
7 Section 5. Declaration of policy. It is the public
8 policy of this State to promote equity in labor relations,
9 defined herein as a condition in which employees have full
10 opportunity to exercise freedom of association,
11 self-organization, and designation of representatives of
12 their own choosing for the purpose of negotiating wages,
13 hours, and other terms or conditions of employment or other
14 mutual aid or protection. Equity in labor relations is a
15 superior means to ensure necessary improvements in wages,
16 working conditions, productivity, efficiency, and innovation.
17 In addition, such equity is beneficial to public health and
18 safety, as it permits employees and employers to cooperate
19 most effectively in assuring healthful and safe working
20 conditions, as well as the safety and effectiveness of
21 products.
22 Equity in labor relations is undermined wherever
23 employers hire permanent replacements during a strike or
24 offer preferential treatment to only those employees who
25 refuse to participate in a strike or other concerted
26 activity. Such conduct has historically been shown to give
27 employers an overwhelming advantage in the collective
28 bargaining process, to the extent that collective bargaining
29 representatives may lose the ability to negotiate effectively
30 on behalf of the employees they represent.
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1 Section 10. Definitions. As used in this Act:
2 "Employer" means any person who employs one or more
3 employees, is located in or does business in the State, and
4 is not a unit of government.
5 "Employ" means to have authority through one's self or
6 one's agents to hire, transfer, suspend, lay off, recall,
7 promote, discharge, direct, reward, and discipline employees
8 of the employer or to effectively recommend those actions if
9 the exercise of that authority is not of a merely routine or
10 clerical nature, but requires the consistent use of
11 independent judgment.
12 "Collective bargaining representative" means any
13 organization or individual designated as the exclusive
14 representative by a majority of employees in an appropriate
15 bargaining unit pursuant to the provisions of an applicable
16 State or federal law.
17 "Director" means the Illinois Director of Labor.
18 Section 15. Prohibited practices. After the effective
19 date of this Act, the State and all units of local government
20 and school districts are prohibited from entering into
21 contracts with, making loans or grants to, issuing bonds on
22 behalf of, making investments of or into, making deposits
23 into, or purchasing the securities of any employer which the
24 Director has found to have done the following:
25 (1) Offered, or granted, the status of a permanent
26 replacement employee to an individual for performing
27 bargaining unit work for the employer during a lawful
28 labor dispute; or
29 (2) Otherwise offered or granted an individual any
30 employment preference based on the fact that the
31 individual was employed or indicated a willingness to be
32 employed during a lawful labor dispute over an individual
33 who:
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1 (A) was an employee of the employer at the
2 commencement of the dispute;
3 (B) has exercised the right to join, to
4 assist, or to engage in other concerted activities
5 for the purpose of collective bargaining or other
6 mutual aid or protection through the collective
7 bargaining representative involved in the dispute;
8 and
9 (C) is working for, or has unconditionally
10 offered to return to work for, the employer.
11 Any employer who has engaged in any of the activities
12 listed in this Section shall also be ineligible for any tax
13 exemption, deduction or credit by this State, a unit of local
14 government, or a school district as well as for any other
15 type of benefit or advantage offered to selected employers
16 under the laws of this State or ordinances of a unit of local
17 government or rules and regulations of a school district.
18 This Section shall not apply until the employer's name is
19 placed on the list described in Section 20.
20 Section 20. Complaints; Listing of employers. Any
21 individual or collective bargaining representative is
22 authorized to file a complaint with the Director of Labor
23 alleging that an employer has engaged in conduct described in
24 Section 15. Within 3 days of the filing of a complaint, the
25 Director shall provide notice of the complaint to the named
26 employer. A hearing on the complaint shall be commenced not
27 later than 30 days after the employer has received the
28 notice. Within 15 days following the conclusion of the
29 hearing, the Director shall issue a decision as to whether
30 the employer has engaged in any of the conduct described in
31 Section 15. If the employer has engaged in such conduct, the
32 employer's name shall be placed on a list of employers
33 subject to the restrictions imposed on the employer by
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1 Section 15 of this Act.
2 Section 25. Removal of employer from list. An employer
3 placed on the list described in Section 20 may have his name
4 removed from the list if:
5 (1) 5 years have elapsed from the date of the
6 employer's latest placement on the list; or
7 (2) the employer has demonstrated that he or she is
8 no longer engaging in any of the conduct described in
9 Section 15. An employer who seeks removal from the list
10 pursuant to this paragraph (2) shall file a petition for
11 removal with the Director of Labor. Within 3 days of
12 receipt of the petition, the Director shall furnish
13 notice of the request to the party whose complaint led to
14 the Director's decision to place the employer on the
15 list, as well as to any intervening party in the hearing
16 on the complaint. Not more than 30 days following
17 receipt of the notice by the complaining party and any
18 intervenors, the Director shall hold a hearing on the
19 petition. If the Director finds that the employer is no
20 longer engaging in any of the conduct listed in Section
21 15, the Director shall order the employer's name removed
22 from the list. The Director shall render a decision and
23 issue any appropriate order on the petition not later
24 than 15 days following the conclusion of the hearing.
25 Once an employer's name is removed from the list, the
26 restrictions imposed against the employer pursuant to Section
27 15 shall be removed.
28 Section 30. Appeals. Appeals of decisions of the
29 Director under this Act shall be taken in accordance with the
30 Administrative Review Law.
31 Section 35. Application of Act. This Act shall be
32 prospective in effect only, and shall have no retroactive
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1 application to any contract, agreement or investment entered
2 into or any action taken by the State, a unit of local
3 government, or a school district prior to the effective date
4 of this Act.
5 Section 905. The Labor Dispute Act is amended by
6 changing Section 1 as follows:
7 (820 ILCS 5/1) (from Ch. 48, par. 2a)
8 Sec. 1. No restraining order or injunction shall be
9 granted by any court of this State in any case involving or
10 growing out of a dispute concerning terms or conditions of
11 employment, enjoining or restraining any person or persons,
12 either singly or in concert, from terminating any relation of
13 employment or from ceasing to perform any work or labor, or
14 from peaceably and without threats or intimidation
15 recommending, advising, or persuading others so to do; or
16 from peaceably and without threats or intimidation being upon
17 any public street, or thoroughfare or highway for the purpose
18 of obtaining or communicating information, or to peaceably
19 and without threats or intimidation persuade any person or
20 persons to work or to abstain from working, or to employ or
21 to peaceably and without threats or intimidation cease to
22 employ any party to a labor dispute, or to recommend, advise,
23 or persuade others so to do. The provisions of this Act shall
24 not apply to any injunction issued by a court pursuant to the
25 Advertisement for and Employment of Strike Workers Act.
26 (Source: P.A. 83-334.)
27 Section 910. The Advertisement for Strike Workers Act is
28 amended by changing the title of the Act and Section 0.01 and
29 adding Section 1.1 as follows:
30 (820 ILCS 25/Act title)
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1 An Act in relation to to require employers in advertising
2 for and employment of employees during a strike or lockout to
3 state in such advertising that such strike or lockout exists.
4 (820 ILCS 25/0.01) (from Ch. 48, par. 2b.9)
5 Sec. 0.01. Short title. This Act may be cited as the
6 Advertisement for and Employment of Strike Workers Act.
7 (Source: P.A. 86-1324.)
8 (820 ILCS 25/1.1 new)
9 Sec. 1.1. Employment of permanent replacements
10 prohibited. No employer covered by the Illinois Public Labor
11 Relations Act or the Illinois Educational Labor Relations Act
12 shall employ permanent replacements for employees lawfully
13 striking under the Illinois Public Labor Relations Act or the
14 Illinois Educational Labor Relations Act. The circuit court
15 shall have authority to issue restraining orders or
16 injunctions for the purpose of enforcing this Section. Venue
17 for an action in the circuit court shall be in the county in
18 which the labor dispute arises.