Bill Text: IL SB1322 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning employee rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 3-9(a) / Re-referred to Assignments [SB1322 Detail]

Download: Illinois-2021-SB1322-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1322 Introduced 2/25/2021, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
115 ILCS 5/3 from Ch. 48, par. 1703
Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning employee rights.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act is
amended by changing Section 3 as follows:
(115 ILCS 5/3) (from Ch. 48, par. 1703)
Sec. 3. Employee rights; exclusive representative rights.
(a) It shall be lawful for educational employees to
organize, form, join, or assist in employee organizations or
engage in lawful concerted activities for the the purpose of
collective bargaining or other mutual aid and protection or
bargain collectively through representatives of their own free
choice and, except as provided in Section 11, such employees
shall also have the right to refrain from any or all such
activities.
(b) Representatives selected by educational employees in a
unit appropriate for collective bargaining purposes shall be
the exclusive representative of all the employees in such unit
to bargain on wages, hours, terms and conditions of
employment. However, any individual employee or a group of
employees may at any time present grievances to their employer
and have them adjusted without the intervention of the
bargaining representative as long as the adjustment is not

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inconsistent with the terms of a collective bargaining
agreement then in effect, provided that the bargaining
representative has been given an opportunity to be present at
such adjustment.
(c) Employers shall provide to exclusive representatives,
including their agents and employees, reasonable access to and
information about employees in the bargaining units they
represent. This access shall at all times be conducted in a
manner so as not to impede normal operations.
(1) Access includes the following:
(A) the right to meet with one or more employees on
the employer's premises during the work day to
investigate and discuss grievances and
workplace-related complaints without charge to pay or
leave time of employees or agents of the exclusive
representative;
(B) the right to conduct worksite meetings during
lunch and other non-work breaks, and before and after
the workday, on the employer's premises to discuss
collective bargaining negotiations, the administration
of collective bargaining agreements, other matters
related to the duties of the exclusive representative,
and internal matters involving the governance or
business of the exclusive representative, without
charge to pay or leave time of employees or agents of
the exclusive representative;

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(C) the right to meet with newly hired employees,
without charge to pay or leave time of the employees or
agents of the exclusive representative, on the
employer's premises or at a location mutually agreed
to by the employer and exclusive representative for up
to one hour either within the first two weeks of
employment in the bargaining unit or at a later date
and time if mutually agreed upon by the employer and
the exclusive representative; and
(D) the right to use the facility mailboxes and
bulletin boards of the employer to communicate with
bargaining unit employees regarding collective
bargaining negotiations, the administration of the
collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and
issues, and internal matters involving the governance
or business of the exclusive representative.
Nothing in this Section shall prohibit an employer and
exclusive representative from agreeing in a collective
bargaining agreement to provide the exclusive
representative greater access to bargaining unit
employees, including through the use of the employer's
email system.
(2) Information about employees includes, but is not
limited to, the following:
(A) within 10 calendar days from the beginning of

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every school term and every 30 calendar days
thereafter in the school term, in an Excel file or
other editable digital file format agreed to by the
exclusive representative, the employee's name, job
title, worksite location, home address, work telephone
numbers, identification number if available, and any
home and personal cellular telephone numbers on file
with the employer, date of hire, work email address,
and any personal email address on file with the
employer; and
(B) unless otherwise mutually agreed upon, within
10 calendar days from the date of hire of a bargaining
unit employee, in an electronic file or other format
agreed to by the exclusive representative, the
employee's name, job title, worksite location, home
address, work telephone numbers, and any home and
personal cellular telephone numbers on file with the
employer, date of hire, work email address, and any
personal email address on file with the employer.
(d) No employer shall disclose the following information
of any employee: (1) the employee's home address (including
ZIP code and county); (2) the employee's date of birth; (3) the
employee's home and personal phone number; (4) the employee's
personal email address; (5) any information personally
identifying employee membership or membership status in a
labor organization or other voluntary association affiliated

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with a labor organization or a labor federation (including
whether employees are members of such organization, the
identity of such organization, whether or not employees pay or
authorize the payment of any dues of moneys to such
organization, and the amounts of such dues or moneys); and (6)
emails or other communications between a labor organization
and its members.
As soon as practicable after receiving a request for any
information prohibited from disclosure under this subsection
(d), excluding a request from the exclusive bargaining
representative of the employee, the employer must provide a
written copy of the request, or a written summary of any oral
request, to the exclusive bargaining representative of the
employee or, if no such representative exists, to the
employee. The employer must also provide a copy of any
response it has made within 5 business days of sending the
response to any request.
If an employer discloses information in violation of this
subsection (d), an aggrieved employee of the employer or his
or her exclusive bargaining representative may file an unfair
labor practice charge with the Illinois Educational Labor
Relations Board pursuant to Section 14 of this Act or commence
an action in the circuit court to enforce the provisions of
this Act, including actions to compel compliance, if an
employer willfully and wantonly discloses information in
violation of this subsection. The circuit court for the county

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in which the complainant resides, in which the complainant is
employed, or in which the employer is located shall have
jurisdiction in this matter.
This subsection does not apply to disclosures (i) required
under the Freedom of Information Act, (ii) for purposes of
conducting public operations or business, or (iii) to the
exclusive representative.
(Source: P.A. 101-620, eff. 12-20-19.)