Bill Text: IL HB4419 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Employment Relations Act. Provides that employees may: (a) organize together or form, join, or assist in labor organization; (b) engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; (c) negotiate or bargain collectively with their employers through representatives of their own free choice; or (d) refrain from any or all of the activities identified in items (a) through (c). Provides that an individual shall not be required as a condition of obtaining or continuing employment to: (1) refrain or resign 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 or expenses to a labor organization; or (4) pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of charges or expenses required of members of or employees represented by a labor organization. Makes unlawful and unenforceable any agreement or contract between an employer and labor organization that requires an employee to satisfy any activities identified in items (1) through (4). Contains provisions concerning civil penalties and other matters. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4419 Detail]

Download: Illinois-2017-HB4419-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4419 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
New Act
Creates the Employment Relations Act. Provides that employees may: (a) organize together or form, join, or assist in labor organization; (b) engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; (c) negotiate or bargain collectively with their employers through representatives of their own free choice; or (d) refrain from any or all of the activities identified in items (a) through (c). Provides that an individual shall not be required as a condition of obtaining or continuing employment to: (1) refrain or resign 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 or expenses to a labor organization; or (4) pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of charges or expenses required of members of or employees represented by a labor organization. Makes unlawful and unenforceable any agreement or contract between an employer and labor organization that requires an employee to satisfy any activities identified in items (1) through (4). Contains provisions concerning civil penalties and other matters. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Employment Relations Act.
Section 3. Public policy. It is the public policy of this
State that:
(1) the best interests of the people of the State are
served by protecting their right to work in a manner
consistent with Section 14(b) of the National Labor
Relations Act, 29 U.S.C. 164(b), and preventing or promptly
settling labor disputes;
(2) strikes and lockouts and other forms of industrial
strife, regardless of where the merits of the controversy
lie, are forces productive ultimately of economic waste;
(3) the interests and rights of the consumers and the
people of the State, while not direct parties thereto,
should always be considered, respected, and protected; and
(4) the voluntary mediation of such disputes under the
guidance and supervision of a governmental agency will tend
to promote permanent industrial peace and the health,
welfare, comfort, and safety of the people of the State.

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Section 5. Definitions. As used in this Act:
"Company union" means any employee association, committee,
agency, or representation plan, formed or existing for the
purpose, in whole or in part, of dealing with employers
concerning grievances or terms and conditions of employment,
which in any manner or to any extent, and by any form of
participation, interference, or assistance, financial or
otherwise, either in its organization, operation, or
administration, is dominated or controlled, sponsored or
supervised, maintained, directed, or financed by the employer.
"Employee" means any employee, and is not limited to the
employees of a particular employer, unless this Act explicitly
provides otherwise, and includes any individual whose work has
ceased as a consequence of, or in connection with, any current
labor dispute or because of any act that is illegal under this
Act, and who has not obtained any other regular and
substantially equivalent employment, but does not include any
individual employed as an agricultural laborer, or in the
domestic service of any family or any person at his home, or
any individual employed by his parent or spouse, or any
individual employed as an executive or supervisor, or any
individual employed by an employer subject to the Railway Labor
Act, 45 U.S.C. 151 et seq., or by any other person who is not an
employer as defined in this Act.
"Employer" means a person and includes any person acting as
an agent of an employer, but does not include: the United

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States or any corporation wholly owned by the United States;
any federal reserve bank; any employer subject to the Railway
Labor Act, 45 U.S.C. 151 et seq.; the State or any political
subdivision thereof; any labor organization, or anyone acting
in the capacity of an officer or agent of such labor
organization, other than when acting as an employer; or any
entity subject to the Illinois Public Labor Relations Act.
"Labor dispute" includes, but is not limited to, any
controversy concerning terms, tenure, or conditions of
employment, or concerning the association or representation of
employees in negotiating, fixing, maintaining, or changing
terms or conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and
employee.
"Labor organization" means any organization of any kind, or
any agency or employee representation committee or plan, in
which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
"Person" means an individual, partnership, association,
corporation, business trust, labor organization, or any other
private entity.
Section 10. Employees; rights. Employees may do any of the
following:

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(1) Organize together or form, join, or assist in labor
organization; engage in lawful concerted activities for
the purpose of collective negotiation or bargaining or
other mutual aid and protection; or negotiate or bargain
collectively with their employers through representatives
of their own free choice.
(2) Refrain from any or all of the activities
identified in paragraph (1).
Section 15. Prohibitions; court jurisdiction; violations;
penalties.
(a) An individual shall not be required as a condition of
obtaining or continuing employment to do any of the following:
(1) Refrain or resign 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
or expenses of any kind or amount or provide anything of
value to a labor organization.
(4) Pay to any charitable organization or third party
an amount that is in lieu of, equivalent to, or any portion
of dues, fees, assessments, or other charges or expenses
required of members of or employees represented by a labor
organization.
(b) An agreement, contract, understanding, or practice

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between or involving an employer and a labor organization that
violates subsection (a) is unlawful and unenforceable. This
subsection (b) applies only to an agreement, contract,
understanding, or practice that takes effect or is extended,
renewed, or modified on or after January 1, 2018.
(c) Subsections (a) and (b) shall be implemented to the
maximum extent permitted by the United States Constitution and
federal law.
(d) The appellate court has exclusive original
jurisdiction over any action challenging the validity of
subsection (a), (b), or (c). The appellate court shall hear the
action in an expedited manner.
(e) A person, employer, or labor organization that violates
subsection (a) is liable for a civil fine of not more than
$500. A civil fine recovered under this Section shall be
submitted to the State Treasurer for deposit into the General
Revenue Fund.
(f) Except for actions required to be brought under
subsection (d), a person who suffers an injury as a result of a
violation or threatened violation of subsection (a) may bring a
civil action for damages, injunctive relief, or both. In
addition, a court shall award court costs and reasonable
attorney fees to a plaintiff who prevails in an action brought
under this subsection. Remedies provided for in this subsection
are independent of and in addition to other penalties and
remedies prescribed by this Act.

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Section 20. Prohibited conduct; violation; civil fines.
(a) An employee or other person shall not by force,
intimidation, or unlawful threats compel or attempt to compel
any person to do any of the following:
(1) Become or remain a member of a labor organization
or otherwise affiliate with or financially support a labor
organization.
(2) Refrain from engaging in employment or refrain from
joining a labor organization or otherwise affiliating with
or financially supporting a labor organization.
(3) Pay to any charitable organization or third party
an amount that is in lieu of, equivalent to, or any portion
of dues, fees, assessments, or other charges or expenses
required of members of or employees represented by a labor
organization.
(b) A person who violates this Section is liable for a
civil fine of not more than $500. A civil fine recovered under
this Section shall be submitted to the State Treasurer for
deposit into the General Revenue Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.