Bill Text: IL HB3339 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Public Labor Relations Act. Requires public safety arbitration panels to base their findings, opinions, and orders upon, among other things, the financial ability of the unit of government to meet the costs "directly related to the subject of the arbitration". Authorizes a circuit court to overturn a public safety arbitration panel's order if the panel was inconsistent in its decision-making when producing the order. Provides that if a collective bargaining unit wants to initiate an arbitration procedure and the elected representatives of that unit do not request arbitration on behalf of the unit, then the members of that unit may petition the Illinois Labor Relations Board for review. Provides that if the Board determines that the petition is a qualified petition, then it shall notify the employer and the elected representatives of the collective bargaining unit that it recommends that the petitioned issue be submitted to arbitration. Makes it a Class B misdemeanor for the elected representative of a collective bargaining unit to intentionally fail to submit a qualified petition to arbitration. Defines "qualified petition". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB3339 Detail]

Download: Illinois-2011-HB3339-Amended.html

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Rep. Elaine Nekritz

Filed: 3/29/2011

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AMENDMENT TO HOUSE BILL 3339
AMENDMENT NO. ______. Amend House Bill 3339 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 10 as follows:
(5 ILCS 315/10) (from Ch. 48, par. 1610)
Sec. 10. Unfair labor practices.
(a) It shall be an unfair labor practice for an employer or
its agents:
(1) to interfere with, restrain or coerce public
employees in the exercise of the rights guaranteed in this
Act or to dominate or interfere with the formation,
existence or administration of any labor organization or
contribute financial or other support to it; provided, an
employer shall not be prohibited from permitting employees
to confer with him during working hours without loss of

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time or pay;
(2) to discriminate in regard to hire or tenure of
employment or any term or condition of employment in order
to encourage or discourage membership in or other support
for any labor organization. Nothing in this Act or any
other law precludes a public employer from making an
agreement with a labor organization to require as a
condition of employment the payment of a fair share under
paragraph (e) of Section 6;
(3) to discharge or otherwise discriminate against a
public employee because he has signed or filed an
affidavit, petition or charge or provided any information
or testimony under this Act;
(4) to refuse to bargain collectively in good faith
with a labor organization which is the exclusive
representative of public employees in an appropriate unit,
including, but not limited to, the discussing of grievances
with the exclusive representative;
(5) to violate any of the rules and regulations
established by the Board with jurisdiction over them
relating to the conduct of representation elections or the
conduct affecting the representation elections;
(6) to expend or cause the expenditure of public funds
to any external agent, individual, firm, agency,
partnership or association in any attempt to influence the
outcome of representational elections held pursuant to

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Section 9 of this Act; provided, that nothing in this
subsection shall be construed to limit an employer's right
to internally communicate with its employees as provided in
subsection (c) of this Section, to be represented on any
matter pertaining to unit determinations, unfair labor
practice charges or pre-election conferences in any formal
or informal proceeding before the Board, or to seek or
obtain advice from legal counsel. Nothing in this paragraph
shall be construed to prohibit an employer from expending
or causing the expenditure of public funds on, or seeking
or obtaining services or advice from, any organization,
group, or association established by and including public
or educational employers, whether covered by this Act, the
Illinois Educational Labor Relations Act or the public
employment labor relations law of any other state or the
federal government, provided that such services or advice
are generally available to the membership of the
organization, group or association, and are not offered
solely in an attempt to influence the outcome of a
particular representational election; or
(7) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement.
(b) It shall be an unfair labor practice for a labor
organization or its agents:
(1) to restrain or coerce public employees in the
exercise of the rights guaranteed in this Act, provided,

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(i) that this paragraph shall not impair the right of a
labor organization to prescribe its own rules with respect
to the acquisition or retention of membership therein or
the determination of fair share payments and (ii) that a
labor organization or its agents shall commit an unfair
labor practice under this paragraph in duty of fair
representation cases only by intentional misconduct in
representing employees under this Act;
(2) to restrain or coerce a public employer in the
selection of his representatives for the purposes of
collective bargaining or the settlement of grievances; or
(3) to cause, or attempt to cause, an employer to
discriminate against an employee in violation of
subsection (a)(2);
(4) to refuse to bargain collectively in good faith
with a public employer, if it has been designated in
accordance with the provisions of this Act as the exclusive
representative of public employees in an appropriate unit;
for the purposes of this paragraph (4), "to refuse to
bargain collectively in good faith" includes engaging in
conduct that repudiates an agreement lawfully ratified by
the local certified bargaining representatives;
(5) to violate any of the rules and regulations
established by the boards with jurisdiction over them
relating to the conduct of representation elections or the
conduct affecting the representation elections;

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(6) to discriminate against any employee because he has
signed or filed an affidavit, petition or charge or
provided any information or testimony under this Act;
(7) to picket or cause to be picketed, or threaten to
picket or cause to be picketed, any public employer where
an object thereof is forcing or requiring an employer to
recognize or bargain with a labor organization of the
representative of its employees, or forcing or requiring
the employees of an employer to accept or select such labor
organization as their collective bargaining
representative, unless such labor organization is
currently certified as the representative of such
employees:
(A) where the employer has lawfully recognized in
accordance with this Act any labor organization and a
question concerning representation may not
appropriately be raised under Section 9 of this Act;
(B) where within the preceding 12 months a valid
election under Section 9 of this Act has been
conducted; or
(C) where such picketing has been conducted
without a petition under Section 9 being filed within a
reasonable period of time not to exceed 30 days from
the commencement of such picketing; provided that when
such a petition has been filed the Board shall
forthwith, without regard to the provisions of

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subsection (a) of Section 9 or the absence of a showing
of a substantial interest on the part of the labor
organization, direct an election in such unit as the
Board finds to be appropriate and shall certify the
results thereof; provided further, that nothing in
this subparagraph shall be construed to prohibit any
picketing or other publicity for the purpose of
truthfully advising the public that an employer does
not employ members of, or have a contract with, a labor
organization unless an effect of such picketing is to
induce any individual employed by any other person in
the course of his employment, not to pick up, deliver,
or transport any goods or not to perform any services;
or
(8) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement.
(c) The expressing of any views, argument, or opinion or
the dissemination thereof, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence of
an unfair labor practice under any of the provisions of this
Act, if such expression contains no threat of reprisal or force
or promise of benefit.
(Source: P.A. 86-412; 87-736.)
Section 99. Effective date. This Act takes effect upon
becoming law.".