Bill Text: IL HB3765 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides that certain provisions concerning the collection of dues under collective bargaining agreements apply only to collective bargaining agreements entered into before the effective date of this amendatory Act. Provides that for collective bargaining agreements entered into, modified, extended, or amended on and after the effective date of the amendatory Act, employers shall not enter into collective bargaining agreements that provide for the payroll deduction of labor organization dues, fair share payments, initiation fees, and assessments. Provides that employers shall not deduct labor organization dues, fair share payments, initiation fees, and assessments from any employee paychecks. Amends the Illinois Educational Labor Relations Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3765 Detail]

Download: Illinois-2017-HB3765-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3765 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED:
5 ILCS 315/6 from Ch. 48, par. 1606
115 ILCS 5/7.5 new
115 ILCS 5/11 from Ch. 48, par. 1711
Amends the Illinois Public Labor Relations Act. Provides that certain provisions concerning the collection of dues under collective bargaining agreements apply only to collective bargaining agreements entered into before the effective date of this amendatory Act. Provides that for collective bargaining agreements entered into, modified, extended, or amended on and after the effective date of the amendatory Act, employers shall not enter into collective bargaining agreements that provide for the payroll deduction of labor organization dues, fair share payments, initiation fees, and assessments. Provides that employers shall not deduct labor organization dues, fair share payments, initiation fees, and assessments from any employee paychecks. Amends the Illinois Educational Labor Relations Act to make conforming changes. Effective immediately.
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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 6 as follows:
(5 ILCS 315/6) (from Ch. 48, par. 1606)
Sec. 6. Right to organize and bargain collectively;
exclusive representation; and fair share arrangements.
(a) Employees of the State and any political subdivision of
the State, excluding employees of the General Assembly of the
State of Illinois and employees excluded from the definition of
"public employee" under subsection (n) of Section 3 of this
Act, have, and are protected in the exercise of, the right of
self-organization, and may form, join or assist any labor
organization, to bargain collectively through representatives
of their own choosing on questions of wages, hours and other
conditions of employment, not excluded by Section 4 of this
Act, and to engage in other concerted activities not otherwise
prohibited by law for the purposes of collective bargaining or
other mutual aid or protection, free from interference,
restraint or coercion. Employees also have, and are protected
in the exercise of, the right to refrain from participating in
any such concerted activities. Employees may be required,

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pursuant to the terms of a lawful fair share agreement, to pay
a fee which shall be their proportionate share of the costs of
the collective bargaining process, contract administration and
pursuing matters affecting wages, hours and other conditions of
employment as defined in Section 3(g).
(b) Nothing in this Act prevents an employee from
presenting a grievance to the employer and having the grievance
heard and settled without the intervention of an employee
organization; provided that the exclusive bargaining
representative is afforded the opportunity to be present at
such conference and that any settlement made shall not be
inconsistent with the terms of any agreement in effect between
the employer and the exclusive bargaining representative.
(c) A labor organization designated by the Board as the
representative of the majority of public employees in an
appropriate unit in accordance with the procedures herein or
recognized by a public employer as the representative of the
majority of public employees in an appropriate unit is the
exclusive representative for the employees of such unit for the
purpose of collective bargaining with respect to rates of pay,
wages, hours and other conditions of employment not excluded by
Section 4 of this Act. A public employer is required upon
request to furnish the exclusive bargaining representative
with a complete list of the names and addresses of the public
employees in the bargaining unit, provided that a public
employer shall not be required to furnish such a list more than

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once per payroll period. The exclusive bargaining
representative shall use the list exclusively for bargaining
representation purposes and shall not disclose any information
contained in the list for any other purpose. Nothing in this
Section, however, shall prohibit a bargaining representative
from disseminating a list of its union members.
(d) Labor organizations recognized by a public employer as
the exclusive representative or so designated in accordance
with the provisions of this Act are responsible for
representing the interests of all public employees in the unit.
Nothing herein shall be construed to limit an exclusive
representative's right to exercise its discretion to refuse to
process grievances of employees that are unmeritorious.
(e) When a collective bargaining agreement is entered into
with an exclusive representative, it may include in the
agreement a provision requiring employees covered by the
agreement who are not members of the organization to pay their
proportionate share of the costs of the collective bargaining
process, contract administration and pursuing matters
affecting wages, hours and conditions of employment, as defined
in Section 3 (g), but not to exceed the amount of dues
uniformly required of members. The organization shall certify
to the employer the amount constituting each nonmember
employee's proportionate share which shall not exceed dues
uniformly required of members. In such case, the proportionate
share payment in this Section shall be deducted by the employer

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from the earnings of the nonmember employees and paid to the
employee organization.
(f) For collective bargaining agreements entered into
before the effective date of this amendatory Act of the 100th
General Assembly, only Only the exclusive representative may
negotiate provisions in a collective bargaining agreement
providing for the payroll deduction of labor organization dues,
fair share payment, initiation fees and assessments. Except as
provided in subsection (e) of this Section, any such deductions
shall only be made upon an employee's written authorization,
and continued until revoked in writing in the same manner or
until the termination date of an applicable collective
bargaining agreement. Such payments shall be paid to the
exclusive representative.
Where a collective bargaining agreement is terminated, or
continues in effect beyond its scheduled expiration date
pending the negotiation of a successor agreement or the
resolution of an impasse under Section 14, the employer shall
continue to honor and abide by any dues deduction or fair share
clause contained therein until a new agreement is reached
including dues deduction or a fair share clause. For the
benefit of any successor exclusive representative certified
under this Act, this provision shall be applicable, provided
the successor exclusive representative:
(i) certifies to the employer the amount constituting
each non-member's proportionate share under subsection

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(e); or
(ii) presents the employer with employee written
authorizations for the deduction of dues, assessments, and
fees under this subsection.
Failure to so honor and abide by dues deduction or fair
share clauses for the benefit of any exclusive representative,
including a successor, shall be a violation of the duty to
bargain and an unfair labor practice.
(f-5) For collective bargaining agreements entered into,
modified, extended, or amended on and after the effective date
of this amendatory Act of the 100th General Assembly, employers
shall not enter into collective bargaining agreements that
provide for the payroll deduction of labor organization dues,
fair share payments, initiation fees, and assessments.
Employers shall not deduct labor organization dues, fair share
payments, initiation fees, and assessments from any employee
paychecks.
(g) Agreements containing a fair share agreement must
safeguard the right of nonassociation of employees based upon
bona fide religious tenets or teachings of a church or
religious body of which such employees are members. Such
employees may be required to pay an amount equal to their fair
share, determined under a lawful fair share agreement, to a
nonreligious charitable organization mutually agreed upon by
the employees affected and the exclusive bargaining
representative to which such employees would otherwise pay such

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service fee. If the affected employees and the bargaining
representative are unable to reach an agreement on the matter,
the Board may establish an approved list of charitable
organizations to which such payments may be made.
(Source: P.A. 97-1172, eff. 4-5-13.)
Section 10. The Illinois Educational Labor Relations Act is
amended by changing Section 11 and by adding Section 7.5 as
follows:
(115 ILCS 5/7.5 new)
Sec. 7.5. No dues collections. For collective bargaining
agreements entered into, modified, extended, or amended on and
after the effective date of this amendatory Act of the 100th
General Assembly, employers shall not enter into collective
bargaining agreements that provide for the payroll deduction of
labor organization dues, initiation fees, and assessments.
Employers shall not deduct labor organization dues, initiation
fees, and assessments from any employee paychecks.
(115 ILCS 5/11) (from Ch. 48, par. 1711)
Sec. 11. Non-member fair share payments.
(a) When a collective bargaining agreement is entered into
with an exclusive representative, it may include a provision
requiring employees covered by the agreement who are not
members of the organization to pay to the organization a fair

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share fee for services rendered. The exclusive representative
shall certify to the employer an amount not to exceed the dues
uniformly required of members which shall constitute each non
member employee's fair share fee. For collective bargaining
agreements containing a fair share fee provision entered into
before the effective date of this amendatory Act of the 100th
General Assembly, the The fair share fee payment shall be
deducted by the employer from the earnings of the non member
employees and paid to the exclusive representative.
The amount certified by the exclusive representative shall
not include any fees for contributions related to the election
or support of any candidate for political office. Nothing in
this Section shall preclude the non member employee from making
voluntary political contributions in conjunction with his or
her fair share payment.
If a collective bargaining agreement that includes a fair
share clause expires or continues in effect beyond its
scheduled expiration date pending the negotiation of a
successor agreement, then the employer shall continue to honor
and abide by the fair share clause until a new agreement that
includes a fair share clause is reached. Failure to honor and
abide by the fair share clause for the benefit of any exclusive
representative as set forth in this paragraph shall be a
violation of the duty to bargain and an unfair labor practice.
Agreements containing a fair share agreement must
safeguard the right of non-association of employees based upon

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bonafide religious tenets or teaching of a church or religious
body of which such employees are members. Such employees may be
required to pay an amount equal to their proportionate share,
determined under a proportionate share agreement, to a
non-religious charitable organization mutually agreed upon by
the employees affected and the exclusive representative to
which such employees would otherwise pay such fee. If the
affected employees and the exclusive representative are unable
to reach an agreement on the matter, the Illinois Educational
Labor Relations Board may establish an approved list of
charitable organizations to which such payments may be made.
For collective bargaining agreements containing a fair
share fee provision entered into before the effective date of
this amendatory Act of the 100th General Assembly, the The
Board shall by rule require that in cases where an employee
files an objection to the amount of the fair share fee, the
employer shall continue to deduct the employee's fair share fee
from the employee's pay, but shall transmit the fee, or some
portion thereof, to the Board for deposit in an escrow account
maintained by the Board; provided, however, that if the
exclusive representative maintains an escrow account for the
purpose of holding fair share fees to which an employee has
objected, the employer shall transmit the entire fair share fee
to the exclusive representative, and the exclusive
representative shall hold in escrow that portion of the fee
that the employer would otherwise have been required to

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transmit to the Board for escrow, provided that the escrow
account maintained by the exclusive representative complies
with rules to be promulgated by the Board within 30 days of the
effective date of this amendatory Act of 1989 or that the
collective bargaining agreement requiring the payment of the
fair share fee contains an indemnification provision for the
purpose of indemnifying the employer with respect to the
employer's transmission of fair share fees to the exclusive
representative.
(b) For collective bargaining agreements entered into,
modified, extended, or amended on and after the effective date
of this amendatory Act of the 100th General Assembly, employers
shall not enter into collective bargaining agreements that
provide for the payroll deduction of fair share payments.
Employers shall not deduct fair share payments from any
employee paychecks.
(Source: P.A. 94-210, eff. 7-14-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.