Bill Text: IL HB0660 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides that a public employer is prohibited from providing the exclusive bargaining representative the social security numbers of public employees in the bargaining unit and the exclusive bargaining representative is prohibited from requesting the social security numbers of public employees in the bargaining unit. Amends the Illinois Educational Labor Relations Act to make similar changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0660 Detail]

Download: Illinois-2017-HB0660-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0660 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED:
5 ILCS 315/6 from Ch. 48, par. 1606
115 ILCS 5/8.5 new
Amends the Illinois Public Labor Relations Act. Provides that a public employer is prohibited from providing the exclusive bargaining representative the social security numbers of public employees in the bargaining unit and the exclusive bargaining representative is prohibited from requesting the social security numbers of public employees in the bargaining unit. Amends the Illinois Educational Labor Relations Act to make similar changes. Effective immediately.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 6 as follows:
(5 ILCS 315/6) (from Ch. 48, par. 1606)
Sec. 6. Right to organize and bargain collectively;
exclusive representation; and fair share arrangements.
(a) Employees of the State and any political subdivision of
the State, excluding employees of the General Assembly of the
State of Illinois and employees excluded from the definition of
"public employee" under subsection (n) of Section 3 of this
Act, have, and are protected in the exercise of, the right of
self-organization, and may form, join or assist any labor
organization, to bargain collectively through representatives
of their own choosing on questions of wages, hours and other
conditions of employment, not excluded by Section 4 of this
Act, and to engage in other concerted activities not otherwise
prohibited by law for the purposes of collective bargaining or
other mutual aid or protection, free from interference,
restraint or coercion. Employees also have, and are protected
in the exercise of, the right to refrain from participating in
any such concerted activities. Employees may be required,

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pursuant to the terms of a lawful fair share agreement, to pay
a fee which shall be their proportionate share of the costs of
the collective bargaining process, contract administration and
pursuing matters affecting wages, hours and other conditions of
employment as defined in Section 3(g).
(b) Nothing in this Act prevents an employee from
presenting a grievance to the employer and having the grievance
heard and settled without the intervention of an employee
organization; provided that the exclusive bargaining
representative is afforded the opportunity to be present at
such conference and that any settlement made shall not be
inconsistent with the terms of any agreement in effect between
the employer and the exclusive bargaining representative.
(c) A labor organization designated by the Board as the
representative of the majority of public employees in an
appropriate unit in accordance with the procedures herein or
recognized by a public employer as the representative of the
majority of public employees in an appropriate unit is the
exclusive representative for the employees of such unit for the
purpose of collective bargaining with respect to rates of pay,
wages, hours and other conditions of employment not excluded by
Section 4 of this Act. A public employer is required upon
request to furnish the exclusive bargaining representative
with a complete list of the names and addresses of the public
employees in the bargaining unit, provided that a public
employer shall not be required to furnish such a list more than

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once per payroll period. The exclusive bargaining
representative shall use the list exclusively for bargaining
representation purposes and shall not disclose any information
contained in the list for any other purpose. A public employer
is prohibited from providing the exclusive bargaining
representative the social security numbers of public employees
in the bargaining unit and the exclusive bargaining
representative is prohibited from requesting the social
security numbers of public employees in the bargaining unit.
Nothing in this Section, however, shall prohibit a bargaining
representative from disseminating a list of its union members.
(d) Labor organizations recognized by a public employer as
the exclusive representative or so designated in accordance
with the provisions of this Act are responsible for
representing the interests of all public employees in the unit.
Nothing herein shall be construed to limit an exclusive
representative's right to exercise its discretion to refuse to
process grievances of employees that are unmeritorious.
(e) When a collective bargaining agreement is entered into
with an exclusive representative, it may include in the
agreement a provision requiring employees covered by the
agreement who are not members of the organization to pay their
proportionate share of the costs of the collective bargaining
process, contract administration and pursuing matters
affecting wages, hours and conditions of employment, as defined
in Section 3 (g), but not to exceed the amount of dues

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uniformly required of members. The organization shall certify
to the employer the amount constituting each nonmember
employee's proportionate share which shall not exceed dues
uniformly required of members. In such case, the proportionate
share payment in this Section shall be deducted by the employer
from the earnings of the nonmember employees and paid to the
employee organization.
(f) Only the exclusive representative may negotiate
provisions in a collective bargaining agreement providing for
the payroll deduction of labor organization dues, fair share
payment, initiation fees and assessments. Except as provided in
subsection (e) of this Section, any such deductions shall only
be made upon an employee's written authorization, and continued
until revoked in writing in the same manner or until the
termination date of an applicable collective bargaining
agreement. Such payments shall be paid to the exclusive
representative.
Where a collective bargaining agreement is terminated, or
continues in effect beyond its scheduled expiration date
pending the negotiation of a successor agreement or the
resolution of an impasse under Section 14, the employer shall
continue to honor and abide by any dues deduction or fair share
clause contained therein until a new agreement is reached
including dues deduction or a fair share clause. For the
benefit of any successor exclusive representative certified
under this Act, this provision shall be applicable, provided

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the successor exclusive representative:
(i) certifies to the employer the amount constituting
each non-member's proportionate share under subsection
(e); or
(ii) presents the employer with employee written
authorizations for the deduction of dues, assessments, and
fees under this subsection.
Failure to so honor and abide by dues deduction or fair
share clauses for the benefit of any exclusive representative,
including a successor, shall be a violation of the duty to
bargain and an unfair labor practice.
(g) Agreements containing a fair share agreement must
safeguard the right of nonassociation of employees based upon
bona fide religious tenets or teachings of a church or
religious body of which such employees are members. Such
employees may be required to pay an amount equal to their fair
share, determined under a lawful fair share agreement, to a
nonreligious charitable organization mutually agreed upon by
the employees affected and the exclusive bargaining
representative to which such employees would otherwise pay such
service fee. If the affected employees and the bargaining
representative are unable to reach an agreement on the matter,
the Board may establish an approved list of charitable
organizations to which such payments may be made.
(Source: P.A. 97-1172, eff. 4-5-13.)

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Section 10. The Illinois Educational Labor Relations Act is
amended by adding Section 8.5 as follows:
(115 ILCS 5/8.5 new)
Sec. 8.5. Nondisclosure of social security numbers. An
employer is prohibited from providing the exclusive bargaining
representative the social security numbers of employees in the
bargaining unit and the exclusive bargaining representative is
prohibited from requesting the social security numbers of
employees in the bargaining unit.
Section 99. Effective date. This Act takes effect upon
becoming law.