Bill Text: IL HB3160 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Creates the Workers Rights Act. Provides that no person shall be required as a condition of obtaining or continuing public-sector or private-sector employment to (1) resign or refrain from membership in, voluntary affiliation with, or voluntary financial support of, a labor organization; (2) become or remain a member of a labor organization; (3) pay any dues, fees, assessments, or other charges of any kind or amount, or provide anything else of value, to a labor organization; or (4) pay to any charity or other third party an amount equivalent to, or a portion of, dues, fees, assessments, or other charges required of members of a labor organization. Authorizes a person who suffers an injury or a threatened injury as a result of a violation of the Act to bring a civil action for damages, injunctive relief, or both and, if he or she prevails, to be awarded attorneys' fees and costs. Amends the Illinois Public Labor Relations Act and the Illinois Educational Labor Relations Act to make conforming changes. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3160 Detail]
Download: Illinois-2013-HB3160-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||
5 | Workers Rights Act.
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6 | Section 5. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||
7 | context otherwise requires: | |||||||||||||||||||||||||||
8 | "Labor organization" means any agency, union, employee | |||||||||||||||||||||||||||
9 | representation committee, or organization of any kind that | |||||||||||||||||||||||||||
10 | exists for the purpose, in whole or in part, of dealing with | |||||||||||||||||||||||||||
11 | employers concerning wages, rates of pay, hours of work, other | |||||||||||||||||||||||||||
12 | conditions of employment, or other forms of compensation.
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13 | Section 10. Right to work. | |||||||||||||||||||||||||||
14 | (a) Notwithstanding any law to the contrary, no person | |||||||||||||||||||||||||||
15 | shall be required as a condition of obtaining or continuing | |||||||||||||||||||||||||||
16 | public-sector or private-sector employment to: | |||||||||||||||||||||||||||
17 | (1) resign or refrain from membership in, voluntary | |||||||||||||||||||||||||||
18 | affiliation with, or voluntary financial support of, a | |||||||||||||||||||||||||||
19 | labor organization; | |||||||||||||||||||||||||||
20 | (2) become or remain a member of a labor organization; | |||||||||||||||||||||||||||
21 | (3) pay any dues, fees, assessments, or other charges | |||||||||||||||||||||||||||
22 | of any kind or amount, or provide anything else of value, |
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1 | to a labor organization; or | ||||||
2 | (4) pay to any charity or other third party an amount | ||||||
3 | equivalent to, or a portion of, dues, fees, assessments, or | ||||||
4 | other charges required of members of a labor organization. | ||||||
5 | (b) Notwithstanding any law to the contrary, an agreement, | ||||||
6 | contract, understanding, or practice between a labor | ||||||
7 | organization and an employer that violates this Act is unlawful | ||||||
8 | and unenforceable. This Act will apply only to those | ||||||
9 | agreements, contracts, understandings, or practices that take | ||||||
10 | force or are extended or renewed after this Act takes effect. | ||||||
11 | (c) Any person who suffers an injury or a threatened injury | ||||||
12 | under this Act may bring a civil action for damages, injunctive | ||||||
13 | relief, or both. In addition, the court shall award a | ||||||
14 | prevailing plaintiff costs and reasonable attorneys' fees. | ||||||
15 | (d) If any part or parts of this Act are found to be in | ||||||
16 | conflict with the United States Constitution or federal law, | ||||||
17 | the Act shall be implemented to the maximum extent that the | ||||||
18 | United States Constitution and federal law permit. Any | ||||||
19 | provision held invalid or inoperative shall be severable from | ||||||
20 | the remaining portions of this Act.
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21 | Section 90. The Illinois Public Labor Relations Act is | ||||||
22 | amended by changing Sections 6 and 15 as follows:
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23 | (5 ILCS 315/6) (from Ch. 48, par. 1606)
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24 | Sec. 6. Right to organize and bargain collectively; |
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1 | exclusive
representation; and fair share arrangements. | ||||||
2 | (a) Employees of the State and
any political subdivision of | ||||||
3 | the State, excluding employees of the General
Assembly of the | ||||||
4 | State of Illinois, have, and are protected in the exercise
of, | ||||||
5 | the right of self-organization,
and may form, join or assist | ||||||
6 | any labor organization, to bargain collectively
through | ||||||
7 | representatives of their own choosing on questions of wages, | ||||||
8 | hours
and other conditions of employment, not excluded by | ||||||
9 | Section 4 of this Act,
and to engage in other concerted | ||||||
10 | activities not otherwise prohibited by law
for the purposes of | ||||||
11 | collective bargaining or other mutual aid or protection,
free | ||||||
12 | from interference, restraint or coercion. Employees also have, | ||||||
13 | and
are protected in the exercise of, the right to refrain from | ||||||
14 | participating
in any such concerted activities. Employees may | ||||||
15 | be required,
pursuant to the terms of a lawful fair share | ||||||
16 | agreement, to pay a fee which
shall be their proportionate | ||||||
17 | share
of the costs of the collective bargaining process, | ||||||
18 | contract administration
and pursuing matters affecting wages, | ||||||
19 | hours and other conditions of employment
as defined in Section | ||||||
20 | 3(g).
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21 | (b) Nothing in this Act prevents an employee from | ||||||
22 | presenting a grievance
to the employer and having the grievance | ||||||
23 | heard and settled without the
intervention of an employee | ||||||
24 | organization; provided that the exclusive
bargaining | ||||||
25 | representative is afforded the opportunity to be present at | ||||||
26 | such
conference and that any settlement made shall not be |
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1 | inconsistent with the
terms of any agreement in effect between | ||||||
2 | the employer and the exclusive
bargaining representative.
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3 | (c) A labor organization designated by the Board as the | ||||||
4 | representative
of the majority of public employees in an | ||||||
5 | appropriate unit in accordance
with the procedures herein or | ||||||
6 | recognized
by a public employer as the representative of the | ||||||
7 | majority of public employees
in an appropriate unit is the | ||||||
8 | exclusive representative for the employees
of such unit for the | ||||||
9 | purpose of collective bargaining with respect to rates
of pay, | ||||||
10 | wages, hours and other conditions of employment not excluded by
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11 | Section 4 of this Act. A public employer is required upon | ||||||
12 | request to furnish the exclusive bargaining representative | ||||||
13 | with a complete list of the names and addresses of the public | ||||||
14 | employees in the bargaining unit, provided that a public | ||||||
15 | employer shall not be required to furnish such a list more than | ||||||
16 | once per payroll period. The exclusive bargaining | ||||||
17 | representative shall use the list exclusively for bargaining | ||||||
18 | representation purposes and shall not disclose any information | ||||||
19 | contained in the list for any other purpose. Nothing in this | ||||||
20 | Section, however, shall prohibit a bargaining representative | ||||||
21 | from disseminating a list of its union members.
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22 | (d) Labor organizations recognized by a public employer as | ||||||
23 | the exclusive
representative or so designated in accordance | ||||||
24 | with the provisions of this
Act are responsible for | ||||||
25 | representing the interests of all public employees
in the unit. | ||||||
26 | Nothing herein shall be construed to limit an exclusive
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1 | representative's right to exercise its discretion to refuse to | ||||||
2 | process
grievances of employees that are unmeritorious.
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3 | (e) When a collective bargaining agreement is entered into | ||||||
4 | with an exclusive
representative, it may include in the | ||||||
5 | agreement a provision requiring employees
covered by the | ||||||
6 | agreement who are not members of the organization to pay
their | ||||||
7 | proportionate share of the costs of the collective bargaining | ||||||
8 | process,
contract administration and pursuing matters | ||||||
9 | affecting wages, hours and
conditions of employment, as defined | ||||||
10 | in Section 3 (g), but not to exceed
the amount of dues | ||||||
11 | uniformly required of members. The organization shall
certify | ||||||
12 | to the employer the amount constituting each nonmember | ||||||
13 | employee's
proportionate share which shall not exceed dues | ||||||
14 | uniformly required of members.
In such case, the proportionate | ||||||
15 | share payment in this Section shall be deducted
by the employer | ||||||
16 | from the earnings of the nonmember employees and paid to
the | ||||||
17 | employee organization.
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18 | (f) Only the exclusive representative may negotiate
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19 | provisions in a collective bargaining agreement providing for | ||||||
20 | the payroll
deduction of labor organization dues, fair share | ||||||
21 | payment, initiation fees
and assessments. Except as provided in | ||||||
22 | subsection (e) of this Section, any
such deductions shall only | ||||||
23 | be made upon an employee's written
authorization, and continued | ||||||
24 | until revoked in writing in the same manner or
until the | ||||||
25 | termination date of an applicable collective bargaining
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26 | agreement. Such payments shall be paid to the exclusive |
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1 | representative.
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2 | Where a collective bargaining agreement is terminated, or | ||||||
3 | continues in effect beyond its scheduled expiration date | ||||||
4 | pending the negotiation of a successor agreement or the | ||||||
5 | resolution of an impasse under Section 14, the employer shall | ||||||
6 | continue to honor and abide by any dues deduction or fair share | ||||||
7 | clause contained therein until a new agreement is reached | ||||||
8 | including dues deduction or a fair share clause. For the | ||||||
9 | benefit of any successor exclusive representative certified | ||||||
10 | under this Act, this provision shall be applicable, provided | ||||||
11 | the successor exclusive representative: | ||||||
12 | (i) certifies to the employer the amount constituting | ||||||
13 | each non-member's proportionate share under subsection | ||||||
14 | (e); or | ||||||
15 | (ii) presents the employer with employee written | ||||||
16 | authorizations for the deduction of dues, assessments, and | ||||||
17 | fees under this subsection. | ||||||
18 | Failure to so honor and abide by dues deduction or fair | ||||||
19 | share clauses for the benefit of any exclusive representative, | ||||||
20 | including a successor, shall be a violation of the duty to | ||||||
21 | bargain and an unfair labor practice.
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22 | (g) Agreements containing a fair share agreement must | ||||||
23 | safeguard the right
of nonassociation of employees based upon | ||||||
24 | bona fide religious tenets or
teachings of a church or | ||||||
25 | religious body of which such employees are members.
Such | ||||||
26 | employees may be required to pay an amount equal to their fair |
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1 | share,
determined under a lawful fair share agreement, to a | ||||||
2 | nonreligious charitable
organization mutually agreed upon by | ||||||
3 | the employees affected and the exclusive
bargaining | ||||||
4 | representative to which such employees would otherwise pay such
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5 | service fee. If the affected employees and the bargaining | ||||||
6 | representative
are unable to reach an agreement on the matter, | ||||||
7 | the Board may establish an
approved list of charitable | ||||||
8 | organizations to which such payments may be made.
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9 | (h) Notwithstanding any other provision of this Act, no | ||||||
10 | fair share agreement may be entered into, modified, or renewed | ||||||
11 | on or after the effective date of this amendatory Act of the | ||||||
12 | 98th General Assembly. | ||||||
13 | (Source: P.A. 93-854, eff. 1-1-05; 94-472, eff. 1-1-06.)
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14 | (5 ILCS 315/15) (from Ch. 48, par. 1615)
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15 | Sec. 15. Act Takes Precedence. | ||||||
16 | (a) In case of any conflict between the
provisions of this | ||||||
17 | Act and any other law (other than Section 5 of the State | ||||||
18 | Employees Group Insurance Act of 1971 , and other than the | ||||||
19 | changes made to the Illinois Pension Code by Public Act 96-889, | ||||||
20 | and other than the changes made by this amendatory Act of the | ||||||
21 | 98th 96th General Assembly), executive order or administrative
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22 | regulation relating to wages, hours and conditions of | ||||||
23 | employment and employment
relations, the provisions of this Act | ||||||
24 | or any collective bargaining agreement
negotiated thereunder | ||||||
25 | shall prevail and control.
Nothing in this Act shall be |
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1 | construed to replace or diminish the
rights of employees | ||||||
2 | established by Sections 28 and 28a of the Metropolitan
Transit | ||||||
3 | Authority Act, Sections 2.15 through 2.19 of the Regional | ||||||
4 | Transportation
Authority Act. The provisions of this Act are | ||||||
5 | subject to Section 5 of the State Employees Group Insurance Act | ||||||
6 | of 1971 and the Workers Rights Act . Nothing in this Act shall | ||||||
7 | be construed to replace the necessity of complaints against a | ||||||
8 | sworn peace officer, as defined in Section 2(a) of the Uniform | ||||||
9 | Peace Officer Disciplinary Act, from having a complaint | ||||||
10 | supported by a sworn affidavit.
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11 | (b) Except as provided in subsection (a) above, any | ||||||
12 | collective bargaining
contract between a public employer and a | ||||||
13 | labor organization executed pursuant
to this Act shall | ||||||
14 | supersede any contrary statutes, charters, ordinances, rules
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15 | or regulations relating to wages, hours and conditions of | ||||||
16 | employment and
employment relations adopted by the public | ||||||
17 | employer or its agents. Any collective
bargaining agreement | ||||||
18 | entered into prior to the effective date of this Act
shall | ||||||
19 | remain in full force during its duration.
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20 | (c) It is the public policy of this State, pursuant to | ||||||
21 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
22 | Illinois Constitution, that the
provisions of this Act are the | ||||||
23 | exclusive exercise by the State of powers
and functions which | ||||||
24 | might otherwise be exercised by home rule units. Such
powers | ||||||
25 | and functions may not be exercised concurrently, either | ||||||
26 | directly
or indirectly, by any unit of local government, |
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1 | including any home rule
unit, except as otherwise authorized by | ||||||
2 | this Act.
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3 | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
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4 | Section 95. The Illinois Educational Labor Relations Act is | ||||||
5 | amended by changing Sections 11 and 17 as follows:
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6 | (115 ILCS 5/11) (from Ch. 48, par. 1711)
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7 | Sec. 11. Non-member fair share payments. When a collective
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8 | bargaining agreement is entered into with an exclusive | ||||||
9 | representative, it
may include a provision requiring employees | ||||||
10 | covered by
the agreement who are not members of the | ||||||
11 | organization to pay
to the organization a fair share fee for | ||||||
12 | services rendered. The exclusive
representative shall certify | ||||||
13 | to the employer an amount not to exceed the
dues uniformly | ||||||
14 | required of members which shall constitute each non member
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15 | employee's fair share fee. The fair share fee payment shall be | ||||||
16 | deducted
by the employer from the earnings of the non member | ||||||
17 | employees and paid to
the exclusive representative.
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18 | The amount certified by the exclusive representative shall | ||||||
19 | not include
any fees for contributions related to the election | ||||||
20 | or support of any candidate
for political office. Nothing in | ||||||
21 | this Section shall preclude the non member
employee from making | ||||||
22 | voluntary political contributions in conjunction with
his or | ||||||
23 | her fair share payment.
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24 | If a collective bargaining agreement that includes a fair |
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1 | share clause expires or continues in effect beyond its | ||||||
2 | scheduled expiration date pending the negotiation of a | ||||||
3 | successor agreement, then the employer shall continue to honor | ||||||
4 | and abide by the fair share clause until a new agreement that | ||||||
5 | includes a fair share clause is reached. Failure to honor and | ||||||
6 | abide by the fair share clause for the benefit of any exclusive | ||||||
7 | representative as set forth in this paragraph shall be a | ||||||
8 | violation of the duty to bargain and an unfair labor practice.
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9 | Agreements containing a fair share agreement must | ||||||
10 | safeguard the right of
non-association of employees based upon | ||||||
11 | bonafide religious tenets or teaching
of a church or religious | ||||||
12 | body of which such employees are members. Such
employees may be | ||||||
13 | required to pay an amount equal to their proportionate
share, | ||||||
14 | determined under a proportionate share agreement, to a | ||||||
15 | non-religious
charitable organization mutually agreed upon by | ||||||
16 | the employees affected
and the exclusive representative to | ||||||
17 | which such employees would otherwise
pay such fee. If the | ||||||
18 | affected employees and the exclusive representative
are unable | ||||||
19 | to reach an agreement on the matter, the Illinois Educational
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20 | Labor Relations Board may establish an approved list of | ||||||
21 | charitable
organizations to which such payments may be made.
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22 | The Board shall by rule require that in cases where an | ||||||
23 | employee files
an objection to the amount of the fair share | ||||||
24 | fee, the employer shall
continue to deduct the employee's fair | ||||||
25 | share fee from the employee's pay,
but shall transmit the fee, | ||||||
26 | or some portion thereof, to the Board for
deposit in an escrow |
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1 | account maintained by the Board; provided, however,
that if the | ||||||
2 | exclusive representative maintains an escrow account for the
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3 | purpose of holding fair share fees to which an employee has | ||||||
4 | objected, the
employer shall transmit the entire fair share fee | ||||||
5 | to the exclusive
representative, and the exclusive | ||||||
6 | representative shall hold in escrow that
portion of the fee | ||||||
7 | that the employer would otherwise have been required to
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8 | transmit to the Board for escrow, provided that the escrow | ||||||
9 | account
maintained by the exclusive representative complies | ||||||
10 | with rules to be
promulgated by the Board within 30 days of the | ||||||
11 | effective date of this
amendatory Act of 1989 or that the | ||||||
12 | collective bargaining agreement
requiring the payment of the | ||||||
13 | fair share fee contains an indemnification
provision for the | ||||||
14 | purpose of indemnifying the employer with respect to the
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15 | employer's transmission of fair share fees to the exclusive | ||||||
16 | representative.
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17 | Notwithstanding any other provision of this Act, no fair | ||||||
18 | share agreement may be entered into, modified, or renewed on or | ||||||
19 | after the effective date of this amendatory Act of the 98th | ||||||
20 | General Assembly. | ||||||
21 | (Source: P.A. 94-210, eff. 7-14-05.)
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22 | (115 ILCS 5/17) (from Ch. 48, par. 1717)
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23 | Sec. 17. Effect on other laws. In case of any conflict | ||||||
24 | between the
provisions of this Act and any other law (other | ||||||
25 | than the Workers Rights Act) , executive order or administrative
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1 | regulation, the provisions of this Act shall prevail and | ||||||
2 | control.
Nothing in this Act shall be construed to replace or | ||||||
3 | diminish the rights
of employees established by Section 36d of | ||||||
4 | "An Act to create the State Universities
Civil Service System", | ||||||
5 | approved May 11, 1905, as amended or modified.
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6 | (Source: P.A. 83-1014.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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