Bill Text: IL HB1191 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning employee rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1191 Detail]
Download: Illinois-2021-HB1191-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Educational Labor Relations Act is | |||||||||||||||||||
5 | amended by changing Section 3 as follows:
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6 | (115 ILCS 5/3) (from Ch. 48, par. 1703)
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7 | Sec. 3. Employee rights; exclusive representative rights. | |||||||||||||||||||
8 | (a) It shall be lawful for educational employees
to | |||||||||||||||||||
9 | organize, form, join, or assist in employee organizations or | |||||||||||||||||||
10 | engage in
lawful concerted activities for the
the purpose of | |||||||||||||||||||
11 | collective bargaining or
other mutual aid and protection or | |||||||||||||||||||
12 | bargain collectively through representatives
of their own free | |||||||||||||||||||
13 | choice and, except as provided in Section 11, such employees
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14 | shall also have the right to refrain from any or all such | |||||||||||||||||||
15 | activities. | |||||||||||||||||||
16 | (b) Representatives selected by educational employees in a | |||||||||||||||||||
17 | unit appropriate
for collective bargaining purposes shall be | |||||||||||||||||||
18 | the exclusive representative
of all the employees in such unit | |||||||||||||||||||
19 | to
bargain on wages, hours, terms and conditions of | |||||||||||||||||||
20 | employment. However,
any individual employee or a group of | |||||||||||||||||||
21 | employees may at any time present
grievances to their employer | |||||||||||||||||||
22 | and have them adjusted without the intervention
of the | |||||||||||||||||||
23 | bargaining representative as long as the adjustment is not |
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1 | inconsistent
with the terms of a collective bargaining | ||||||
2 | agreement then in effect, provided
that the bargaining | ||||||
3 | representative has been given an opportunity to be present
at | ||||||
4 | such adjustment.
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5 | (c) Employers shall provide to exclusive representatives, | ||||||
6 | including their agents and employees, reasonable access to and | ||||||
7 | information about employees in the bargaining units they | ||||||
8 | represent. This access shall at all times be conducted in a | ||||||
9 | manner so as not to impede normal operations. | ||||||
10 | (1) Access includes the following: | ||||||
11 | (A) the right to meet with one or more employees on | ||||||
12 | the employer's premises during the work day to | ||||||
13 | investigate and discuss grievances and | ||||||
14 | workplace-related complaints without charge to pay or | ||||||
15 | leave time of employees or agents of the exclusive | ||||||
16 | representative; | ||||||
17 | (B) the right to conduct worksite meetings during | ||||||
18 | lunch and other non-work breaks, and before and after | ||||||
19 | the workday, on the employer's premises to discuss | ||||||
20 | collective bargaining negotiations, the administration | ||||||
21 | of collective bargaining agreements, other matters | ||||||
22 | related to the duties of the exclusive representative, | ||||||
23 | and internal matters involving the governance or | ||||||
24 | business of the exclusive representative, without | ||||||
25 | charge to pay or leave time of employees or agents of | ||||||
26 | the exclusive representative; |
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1 | (C) the right to meet with newly hired employees, | ||||||
2 | without charge to pay or leave time of the employees or | ||||||
3 | agents of the exclusive representative, on the | ||||||
4 | employer's premises or at a location mutually agreed | ||||||
5 | to by the employer and exclusive representative for up | ||||||
6 | to one hour either within the first two weeks of | ||||||
7 | employment in the bargaining unit or at a later date | ||||||
8 | and time if mutually agreed upon by the employer and | ||||||
9 | the exclusive representative; and | ||||||
10 | (D) the right to use the facility mailboxes and | ||||||
11 | bulletin boards of the employer to communicate with | ||||||
12 | bargaining unit employees regarding collective | ||||||
13 | bargaining negotiations, the administration of the | ||||||
14 | collective bargaining agreements, the investigation of | ||||||
15 | grievances, other workplace-related complaints and | ||||||
16 | issues, and internal matters involving the governance | ||||||
17 | or business of the exclusive representative. | ||||||
18 | Nothing in this Section shall prohibit an employer and | ||||||
19 | exclusive representative from agreeing in a collective | ||||||
20 | bargaining agreement to provide the exclusive | ||||||
21 | representative greater access to bargaining unit | ||||||
22 | employees, including through the use of the employer's | ||||||
23 | email system. | ||||||
24 | (2) Information about employees includes, but is not | ||||||
25 | limited to, the following: | ||||||
26 | (A) within 10 calendar days from the beginning of |
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1 | every school term and every 30 calendar days | ||||||
2 | thereafter in the school term, in an Excel file or | ||||||
3 | other editable digital file format agreed to by the | ||||||
4 | exclusive representative, the employee's name, job | ||||||
5 | title, worksite location, home address, work telephone | ||||||
6 | numbers, identification number if available, and any | ||||||
7 | home and personal cellular telephone numbers on file | ||||||
8 | with the employer, date of hire, work email address, | ||||||
9 | and any personal email address on file with the | ||||||
10 | employer; and | ||||||
11 | (B) unless otherwise mutually agreed upon, within | ||||||
12 | 10 calendar days from the date of hire of a bargaining | ||||||
13 | unit employee, in an electronic file or other format | ||||||
14 | agreed to by the exclusive representative, the | ||||||
15 | employee's name, job title, worksite location, home | ||||||
16 | address, work telephone numbers, and any home and | ||||||
17 | personal cellular telephone numbers on file with the | ||||||
18 | employer, date of hire, work email address, and any | ||||||
19 | personal email address on file with the employer. | ||||||
20 | (d) No employer shall disclose the following information | ||||||
21 | of any employee: (1) the employee's home address (including | ||||||
22 | ZIP code and county); (2) the employee's date of birth; (3) the | ||||||
23 | employee's home and personal phone number; (4) the employee's | ||||||
24 | personal email address; (5) any information personally | ||||||
25 | identifying employee membership or membership status in a | ||||||
26 | labor organization or other voluntary association affiliated |
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1 | with a labor organization or a labor federation (including | ||||||
2 | whether employees are members of such organization, the | ||||||
3 | identity of such organization, whether or not employees pay or | ||||||
4 | authorize the payment of any dues of moneys to such | ||||||
5 | organization, and the amounts of such dues or moneys); and (6) | ||||||
6 | emails or other communications between a labor organization | ||||||
7 | and its members. | ||||||
8 | As soon as practicable after receiving a request for any | ||||||
9 | information prohibited from disclosure under this subsection | ||||||
10 | (d), excluding a request from the exclusive bargaining | ||||||
11 | representative of the employee, the employer must provide a | ||||||
12 | written copy of the request, or a written summary of any oral | ||||||
13 | request, to the exclusive bargaining representative of the | ||||||
14 | employee or, if no such representative exists, to the | ||||||
15 | employee. The employer must also provide a copy of any | ||||||
16 | response it has made within 5 business days of sending the | ||||||
17 | response to any request. | ||||||
18 | If an employer discloses information in violation of this | ||||||
19 | subsection (d), an aggrieved employee of the employer or his | ||||||
20 | or her exclusive bargaining representative may file an unfair | ||||||
21 | labor practice charge with the Illinois Educational Labor | ||||||
22 | Relations Board pursuant to Section 14 of this Act or commence | ||||||
23 | an action in the circuit court to enforce the provisions of | ||||||
24 | this Act, including actions to compel compliance, if an | ||||||
25 | employer willfully and wantonly discloses information in | ||||||
26 | violation of this subsection. The circuit court for the county |
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1 | in which the complainant resides, in which the complainant is | ||||||
2 | employed, or in which the employer is located shall have | ||||||
3 | jurisdiction in this matter. | ||||||
4 | This subsection does not apply to disclosures (i) required | ||||||
5 | under the Freedom of Information Act, (ii) for purposes of | ||||||
6 | conducting public operations or business, or (iii) to the | ||||||
7 | exclusive representative. | ||||||
8 | (Source: P.A. 101-620, eff. 12-20-19.)
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