Illinois General Assembly - Full Text of Public Act 094-0210
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Public Act 094-0210




Public Act 094-0210
HB0908 Enrolled LRB094 08085 AMC 38269 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 11 as follows:
    (115 ILCS 5/11)  (from Ch. 48, par. 1711)
    Sec. 11. 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
(Source: P.A. 86-412.)
    Section 90. The State Mandates Act is amended by adding
Section 8.29 as follows:
    (30 ILCS 805/8.29 new)
    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 94th General Assembly.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2005