Bill Text: IL HB3749 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides that it shall be an unfair labor practice for a labor organization or its agents to require an employee or an applicant for an employment position to possess a driver's license for the purpose of job placement or testing. Provides that any State-issued identification card shall be sufficient for purposes of job placement or testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-04 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3749 Detail]

Download: Illinois-2021-HB3749-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3749 Introduced , by Rep. Jawaharial Williams SYNOPSIS AS INTRODUCED:
5 ILCS 315/10 from Ch. 48, par. 1610
Amends the Illinois Public Labor Relations Act. Provides that it shall be an unfair labor practice for a labor organization or its agents to require an employee or an applicant for an employment position to possess a driver's license for the purpose of job placement or testing. Provides that any State-issued identification card shall be sufficient for purposes of job placement or testing.
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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 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
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

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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
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

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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;
(7) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement;
(8) to interfere with, restrain, coerce, deter, or
discourage public employees or applicants to be public
employees from: (i) becoming or remaining members of a
labor organization; (ii) authorizing representation by a
labor organization; or (iii) authorizing dues or fee
deductions to a labor organization, nor shall the employer
intentionally permit outside third parties to use its
email or other communication systems to engage in that
conduct. An employer's good faith implementation of a
policy to block the use of its email or other
communication systems for such purposes shall be a defense

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to an unfair labor practice; or
(9) to disclose to any person or entity information
set forth in subsection (c-5) of Section 6 of this Act that
the employer knows or should know will be used to
interfere with, restrain, coerce, deter, or discourage any
public employee from: (i) becoming or remaining members of
a labor organization, (ii) authorizing representation by a
labor organization, or (iii) authorizing dues or fee
deductions to a labor organization.
(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,
(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

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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;
(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;
(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

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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
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;

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or .
(9) to require an employee or an applicant for an
employment position to possess a driver's license for the
purpose of job placement or testing; any State-issued
identification card shall be sufficient for such purposes.
(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.
(d) The employer shall not discourage public employees or
applicants to be public employees from becoming or remaining
union members or authorizing dues deductions, and shall not
otherwise interfere with the relationship between employees
and their exclusive bargaining representative. The employer
shall refer all inquiries about union membership to the
exclusive bargaining representative, except that the employer
may communicate with employees regarding payroll processes and
procedures. The employer will establish email policies in an
effort to prohibit the use of its email system by outside
sources.
(Source: P.A. 101-620, eff. 12-20-19.)