Bill Text: IL HB3290 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides that if an employer and an employee organization have entered into a fair share agreement that applies to the employees of a bargaining unit, then the exclusive representative of the employees in that unit shall annually provide, not more than 90 days after the end of the exclusive representative's fiscal year, a financial disclosure report to the Illinois Labor Relations Board, for posting on its internet website, and to each employee of the bargaining unit. Sets forth requirements for the report. Provides that if an exclusive representative fails or refuses to prepare the report for a fiscal year, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments. Provides that if, for a second or subsequent fiscal year, an exclusive representative fails or refuses to prepare the report, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments and an election shall be held to determine whether the labor organization shall continue to be the exclusive representative. Makes these provisions applicable to fair share agreements entered into, modified, or renewed on or after the effective date. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3290 Detail]

Download: Illinois-2013-HB3290-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3290 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED:
5 ILCS 315/6.1 new
Amends the Illinois Public Labor Relations Act. Provides that if an employer and an employee organization have entered into a fair share agreement that applies to the employees of a bargaining unit, then the exclusive representative of the employees in that unit shall annually provide, not more than 90 days after the end of the exclusive representative's fiscal year, a financial disclosure report to the Illinois Labor Relations Board, for posting on its internet website, and to each employee of the bargaining unit. Sets forth requirements for the report. Provides that if an exclusive representative fails or refuses to prepare the report for a fiscal year, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments. Provides that if, for a second or subsequent fiscal year, an exclusive representative fails or refuses to prepare the report, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments and an election shall be held to determine whether the labor organization shall continue to be the exclusive representative. Makes these provisions applicable to fair share agreements entered into, modified, or renewed on or after the effective date. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 adding Section 6.1 as follows:
(5 ILCS 315/6.1 new)
Sec. 6.1. Fair share agreement disclosures; refunds.
(a) If an employer and an employee organization enter into
a fair share agreement applicable to the employees of a
bargaining unit, then the exclusive representative of the
employees in that unit shall annually provide, not more than 90
days after the end of the exclusive representative's fiscal
year, to the Board for posting on its internet website and to
each employee of the bargaining unit, a financial disclosure
report containing the following information, detailed by
functional spending categories, which accurately discloses the
financial condition of the exclusive representative and its
operations for the preceding fiscal year:
(1) assets and liabilities at the beginning and end of
the fiscal year;
(2) salary, the cost of fringe benefits, allowances,
and other direct or indirect disbursements to each officer
of the exclusive representative, and support staff, as well

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as all contributions to State or national affiliates and
any official or employee thereof;
(3) all income received or the value of services
furnished to an exclusive representative by either a parent
affiliated labor organization or by any other labor
organization on behalf of the exclusive representative;
(4) an itemization of the total amount spent by the
exclusive bargaining representative for:
(A) contract negotiation and administration;
(B) organizing activities;
(C) strike activities;
(D) litigation, specifying the matters and cases
involved;
(E) public relations activities;
(F) political activities;
(G) activities attempting to influence the passage
or defeat of federal, State, or local legislation or
the content or enforcement of federal, State, or local
regulations or policies;
(H) voter education and issue advocacy activities;
(I) training activities for each officer of the
local bargaining representative or union support
staff; and
(J) conference, convention, and travel activities
engaged in by exclusive bargaining representatives;
(5) the percentage of the labor organization's total

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expenditures that were spent for each of the activities
described in subparagraphs (A) through (J) of paragraph
(4);
(6) the names, addresses and activities of any of the
law firms, public relations firms or lobbyists whose
services are used by the labor organization for any
activity described in subparagraphs (D) through (J) of
paragraph (4);
(7) a list of political candidates, political
organizations, charitable organizations, nonprofit
organizations, and community organizations to which the
labor organization contributed financial or in-kind
assistance and the dollar amount of such assistance; and
(8) the name and address of any political action
committees with which the labor organization is affiliated
or to whom it provides contributions, the total amount of
contributions to such committees, the candidates or causes
to which such committees provided any financial
assistance, and the amount provided to each such candidate
or cause.
(b) The report required in subsection (a) shall be prepared
by an auditing organization, independent of the exclusive
representative, using generally accepted auditing standards,
and generally accepted accounting principles, which shall
ensure the accuracy and veracity of the information provided.
All union expenditures shall be reported as either germane to

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collective bargaining, contract administration, or grievance
processing, or not so related.
(c) If an exclusive representative fails or refuses to
prepare the report required under this Section for a fiscal
year, then the exclusive representative shall immediately
refund all fair share payments that it has collected for that
fiscal year to the persons who made those payments.
(d) If, for a second or subsequent fiscal year, an
exclusive representative fails or refuses to prepare the report
required under this Section, then the exclusive representative
shall immediately refund all fair share payments that it has
collected for that fiscal year to the persons who made those
payments, and upon the termination of the applicable collective
bargaining agreement, an election shall be held pursuant to
Section 9 of this Act to determine whether the labor
organization shall continue to be the exclusive representative
of the bargaining unit.
(e) This Section applies to fair share agreements entered
into, modified, or renewed on or after the effective date of
this amendatory Act of the 98th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.