Illinois-2021-SB1322-Introduced

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.

LRB102 11094 CMG 16426 b

A BILL FOR

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LRB102 11094 CMG 16426 b

1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Educational Labor Relations Act is

5 amended by changing Section 3 as follows:

6 (115 ILCS 5/3) (from Ch. 48, par. 1703)

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 forthe~~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

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.

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.)