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Public Act 094-0321
Public Act 0321 94TH GENERAL ASSEMBLY
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Public Act 094-0321 |
HB1480 Enrolled |
LRB094 10718 RLC 41125 b |
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| AN ACT concerning labor.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Labor Dispute Act is amended by adding | Sections 1.2, 1.3, 1.4, and 1.5 as follows: | (820 ILCS 5/1.2 new) | Sec. 1.2. Legislative findings and declaration.
The | General Assembly finds that a union, union members, | sympathizers, and an employer's employees have a right to | communicate their dispute with a primary employer to the public | by picketing the primary employer wherever they happen to be. | The picketing may take place not only at the employer's main | facility, but at job sites as well. The General Assembly | recognizes that peaceful primary picketing of any type is | explicitly permitted by statute pursuant to the National Labor | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | Relations Act, 29 U.S.C. 141 et seq., including the right to | engage in other concerted activities for the purpose of | collective bargaining or other mutual aid or protection as | provided in 29 U.S.C. 157 et seq. | (820 ILCS 5/1.3 new) | Sec. 1.3. Definitions. As used in Section 1.2 through 1.5: | "Employee" means any individual permitted to work by an | employer in an occupation. | "Employer" means any individual, partnership, association, | corporation, business trust, governmental or | quasi-governmental body, or any person or group of persons that | employs any person to work, labor, or exercise skill in | connection with the operation of any business, industry, | vocation, or occupation. | "Picketing" means the stationing of a person for an |
| organization to apprise the public by signs or other means of | the existence of a dispute pursuant to the National Labor | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | Relations Act, 29 U.S.C. 141 et seq. | "Dispute" includes any controversy concerning terms or | conditions of employment, or concerning the association or | representation of persons in negotiating, fixing, maintaining, | changing, or seeking to arrange terms or conditions of | employment or other protest, regardless of whether or not the | disputants stand in the proximate relationship of employer and | employee. | "Public right of way" means that portion of the highway or | street adjacent to the roadway for accommodating stopped | vehicles or for emergency use; or that portion of a street | between the curb lines, or the lateral lines of a roadway, and | the adjacent property lines.
| "Temporary sign" means a sign or other display or device | that is not permanently affixed and is capable of being removed | at the end of each day or shift. | "Temporary shelter" means a tent or shelter that is not | permanently affixed and is capable of being removed at the end | of each day or shift, not to exceed 300 square feet in size. | (820 ILCS 5/1.4 new) | Sec. 1.4. Use of public right of way. | (a) Persons engaged in picketing shall be allowed to use | public rights of way to apprise the public of the existence of | a dispute for the following: | (1) The purposes of picketing. | (2) The erection of temporary signs announcing their | dispute. | (3) The parking of at least one vehicle on the public | right of way. Nothing in this Section shall require the | accommodation of parking more than 10 vehicles on the | public right of way. This Section shall not be construed to | allow the blocking of fire hydrants. Picketers shall ensure |
| that water mains, sewers, and other utilities are | accessible for construction, maintenance, and emergency | repair work. | (4) The erection of tents or other temporary shelter | for the health, welfare, personal safety, and well-being of | picketers. | (b) Any signs, tents, or temporary shelters shall be | removed at the end of each day when the picketing has ceased. | Signs, tents, or temporary shelters may be maintained so long | as individuals participating in the labor dispute are present. | (c) This Section shall not be construed to allow the | erection of a tent or shelter or parking of a vehicle where | there is insufficient space on the public right of way. This | Section shall not be construed to allow the erection of a tent | or shelter on the right of way of any Class I highway as | defined in Section 1-126.1 of the Illinois Vehicle Code. | Picketers shall ensure that a reasonable walkway exists for | pedestrians and others to pass by the picketing activities. | Persons using the right of way under this Section shall make | reasonable attempts to keep the area free from garbage and | significant damage. | (d) No sign, tent, or temporary shelter may be erected or | maintained in such a manner as to obscure or otherwise | physically interfere with an official traffic sign, signal, or | device or to obstruct or physically interfere with a driver's | view of approaching, merging, or intersecting traffic. The | burden of proof shall rest on the unit of local government | making such a claim. If a court determines that a sign, tent, | or temporary shelter does not obscure or otherwise physically | interfere with an official traffic sign, signal, or device or | obstruct or physically interfere with a driver's view of | approaching, merging, or intersecting traffic, the unit of | local government is liable for all costs and attorney's fees. | (820 ILCS 5/1.5 new) | Sec. 1.5. Preemption. The provisions of any ordinance or |
| resolution adopted before, on, or after the effective date of | this amendatory Act of the 94th General Assembly by any unit of | local government that impose restrictions or limitations on the | picketing of an employer in a manner inconsistent with this Act | are invalid, and existing ordinances and resolutions, as they | apply to picketing, are void. It is declared to be the policy | of this State that the regulation of picketing is an exclusive | power and function of the State. A home rule unit may not | regulate picketing. This Section is a denial and limitation of | home rule powers and functions under subsection (h) of Section | 6 of Article VII of the Illinois Constitution.
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Effective Date: 1/1/2006
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