Bill Text: IL SB1784 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Illinois Governmental Ethics Act. Modifies the disclosure of economic interests Article to provide for separate provisions concerning statements of economic interests to be filed with the Secretary of State and the county clerk respectively. Amends the State Officials and Employees Ethics Act. Provides that Ethics Officers designated for an office or State agency under the jurisdiction of the Executive Ethics Commission or designated by a Regional Transit Board shall, among other responsibilities, review statements of economic interest and disclosure forms of officers, senior employees, and contract monitors before they are filed with the Secretary of State if the statements of economic interest are filed by hard copy. Provides that if such statements are filed online, the Ethics Officer shall review the statements of economic interest and disclosure forms of officers, senior employees, and contract monitors within 15 days after the filing deadline. Makes conforming changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 47-8)

Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0620 [SB1784 Detail]

Download: Illinois-2019-SB1784-Chaptered.html



Public Act 101-0620
SB1784 EnrolledLRB101 11042 RJF 56246 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(pp) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(qq) Information prohibited from being disclosed under
Section 1-167 of the Illinois Pension Code.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 10. The Illinois Public Labor Relations Act is
amended by changing Sections 6 and 10 and by adding Section 6.5
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,
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. Unless otherwise mutually agreed, a A
public employer is required at least once each month and 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
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.
At the time the public employer provides such list, it
shall also provide to the exclusive representative, in an Excel
file or other mutually agreed upon editable digital file
format, the employee's job title, worksite location, 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. In addition, unless
otherwise mutually agreed, within 10 calendar days from the
date of hire of a bargaining unit employee, the public employer
shall provide to the exclusive representative, in an electronic
file or other mutually agreed upon format, the following
information about the new employee: 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.
(c-5) 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 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 or 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
(c-5), 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 (c-5), an aggrieved employee of the employer or his
or her exclusive bargaining representative may file an unfair
labor practice charge with the Illinois Labor Relations Board
pursuant to Section 10 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 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.
(c-10) Employers shall provide to exclusive
representatives, including their agents and employees,
reasonable access to 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;
(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.
(2) 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.
(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
from the earnings of the nonmember employees and paid to the
employee organization.
(f) Employers shall make Only the exclusive representative
may negotiate provisions in a collective bargaining agreement
providing for the payroll deductions deduction of labor
organization dues, fair share payment, initiation fees, and
assessments, and other payments for a labor organization that
is the exclusive representative. Such Except as provided in
subsection (e) of this Section, any such deductions shall only
be made in accordance with the terms of 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. Written
authorization may be evidenced by electronic communications,
and such writing or communication may be evidenced by the
electronic signature of the employee as provided under Section
5-120 of the Electronic Commerce Security Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and a public
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the employee may revoke the
authorization, shall be deemed reasonable.
This Section shall apply to all claims that allege that a
labor organization or a public employer has improperly deducted
or collected dues from an employee without regard to whether
the claims or the facts upon which they are based occurred
before, on, or after the effective date of this amendatory Act
of the 101st General Assembly and shall apply retroactively to
the maximum extent permitted by law.
(f-5) 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
(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-10) Upon receiving written notice of authorization, the
public employer must commence dues deductions as soon as
practicable, but in no case later than 30 days after receiving
notice from the labor organization. Employee deductions shall
be transmitted to the labor organization no later than 30 days
after they are deducted unless a shorter period is mutually
agreed to.
(f-15) Deductions shall remain in effect until:
(1) the public employer receives notice that a public
employee has revoked their authorization in writing in
accordance with the terms of the authorization; or
(2) the individual employee is no longer employed by
the public employer in a bargaining unit position
represented by the same exclusive representative, provided
that if the employee is, within a period of one year,
employed by the same public employer in a position
represented by the same labor organization, the right to
dues deduction shall be automatically reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
such deduction.
Should the individual employee who has signed a dues
deduction authorization card either be removed from a public
employer's payroll or otherwise placed on any type of
involuntary or voluntary leave of absence, whether paid or
unpaid, the public employee's dues deduction shall be continued
upon that public employee's return to the payroll in a
bargaining unit position represented by the same exclusive
representative or restoration to active duty from such a leave
of absence.
(f-20) Unless otherwise mutually agreed by the public
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for labor organizations shall be directed to
the labor organization rather than to the public employer. The
labor organization shall be responsible for initially
processing and notifying the public employer of proper requests
or providing proper requests to the employer. If the requests
are not provided to the public employer, the employer shall
rely on information provided by the labor organization
regarding whether deductions for a labor organization were
properly authorized, revoked, canceled, or changed, and the
labor organization shall indemnify the public employer for any
damages and reasonable costs incurred for any claims made by
employees for deductions made in good faith reliance on that
information.
(f-25) Upon receipt by the exclusive representative of an
appropriate written authorization from an employee, written
notice of authorization shall be provided to the employer and
any authorized deductions shall be made in accordance with law.
The labor organization shall indemnify the public employer for
any damages and reasonable costs incurred for any claims made
by employees for deductions made in good faith reliance on its
notification.
(f-30) The failure of an employer to comply with the
provisions of this Section shall be a violation of the duty to
bargain and an unfair labor practice. Relief for the violation
shall be reimbursement by the public employer of dues that
should have been deducted or paid based on a valid
authorization given by the employee or employees. In addition,
the provisions of a collective bargaining agreement that
contain the obligations set forth in this Section may be
enforced in accordance with Sections 8 and 16.
(f-35) The Illinois Labor Relations Board shall have
exclusive jurisdiction over claims under Illinois law that
allege that a labor organization has unlawfully collected dues
from a public employee in violation of this Act. The Board
shall by rule require that in cases in which a public employee
alleges that a labor organization has unlawfully collected
dues, the public employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit the
dues to the Board for deposit in an escrow account maintained
by the Board. If the exclusive representative maintains an
escrow account for the purpose of holding dues to which an
employee has objected, the employer shall transmit the entire
amount of dues to the exclusive representative, and the
exclusive representative shall hold in escrow the dues that the
employer would otherwise have been required to transmit to the
Board for escrow; provided that the escrow account maintained
by the exclusive representative complies with rules adopted by
the Board or that the collective bargaining agreement requiring
the payment of the dues contains an indemnification provision
for the purpose of indemnifying the employer with respect to
the employer's transmission of dues to the exclusive
representative.
(f-40) If any clause, sentence, paragraph, or subparagraph
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subparagraph of this Section directly
involved in the controversy in which that judgment shall have
been rendered.
If any clause, sentence, paragraph, or part of a signed
authorization for payroll deductions shall be adjudged by a
court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but shall
be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which that judgment shall have
been rendered.
(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
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.)
(5 ILCS 315/6.5 new)
Sec. 6.5. Defense to liability.
(a) The General Assembly declares that public employees who
paid agency or fair share fees as a condition of public
employment in accordance with State laws and United States
Supreme Court precedent prior to June 27, 2018 had no
legitimate expectation of receiving that money back under any
then available cause of action. Public employers and labor
organizations who relied on State law and Supreme Court
precedent in deducting and accepting those fees were not liable
to refund them. Agency or fair share fees were paid for
collective bargaining representation that employee
organizations were obligated by State law to provide to
employees. Additionally, it should be presumed that employees
who signed written membership or dues authorization agreements
prior to this time knew and freely accepted the contractual
obligations set forth in those agreements. Application of this
Section to claims pending on the effective date of this
amendatory Act of the 101st General Assembly will preserve,
rather than interfere with, important reliance interests. This
Section is therefore necessary to provide certainty to public
employers and labor organizations that relied on State law and
to avoid disruption of public employee labor relations after
the United States Supreme Court's decision in Janus v. AFSCME
Council 31, 138 S. Ct. 2448 (2018).
(b) No public employer or labor organization, or any of its
employees or agents, shall be liable for, and they shall have a
complete defense to, any claims or actions under the laws of
this State for requiring, deducting, receiving, or retaining
dues, agency fees, or fair share fees from public employees,
and current or former public employees shall not have standing
to pursue these claims or actions if the dues or fees were
permitted under the laws of this State then in force and paid,
through payroll deduction or otherwise, prior to June 27, 2018.
(c) This Section shall apply to claims and actions pending
on the effective date of this amendatory Act of the 101st
General Assembly, as well to claims and actions on or after
that date.
(d) This Section is a declaration of existing law and shall
not be construed as a new enactment.
(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
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
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; or
(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 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
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
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.
(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. 86-412; 87-736.)
Section 15. The State Comptroller Act is amended by
changing Section 20 as follows:
(15 ILCS 405/20) (from Ch. 15, par. 220)
Sec. 20. Annual report. The Comptroller shall annually, as
soon as possible after the close of the fiscal year but no
later than December 31, make out and present to the Governor,
the President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives a report,
showing the amount of warrants drawn on the treasury, on other
funds held by the State Treasurer and on any public funds held
by State agencies, during the preceding fiscal year, and
stating, particularly, on what account they were drawn, and if
drawn on the contingent fund, to whom and for what they were
issued. He or she shall, also, at the same time, report to the
Governor, the President of the Senate, the Speaker of the House
of Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives the amount of
money received into the treasury, into other funds held by the
State Treasurer and into any other funds held by State agencies
during the preceding fiscal year, and stating particularly, the
source from which the same may be derived, and also a general
account of all the business of his office during the preceding
fiscal year. The report shall also summarize for the previous
fiscal year the information required under Section 19.
Within 60 days after the expiration of each calendar year,
the Comptroller shall compile, from records maintained and
available in his office, a list of all persons including those
employed in the Office of the Comptroller, who have been
employed by the State during the past calendar year and paid
from funds in the hands of the State Treasurer.
The list shall be arranged according to counties and shall
state in alphabetical order the name of each employee, the
address in the county in which he votes, except as specified
below, the position, and the total salary paid to him or her
during the past calendar year, rounded to the nearest hundred
dollar. For persons employed by the Department of Corrections,
Department of Children and Family Services, Department of
Juvenile Justice, Office of the State's Attorneys Appellate
Prosecutor, and the Department of State Police, as well as
their spouses, no address shall be listed. The list so compiled
and arranged shall be kept on file in the office of the
Comptroller and be open to inspection by the public at all
times.
No person who utilizes the names obtained from this list
for solicitation shall represent that such solicitation is
authorized by any officer or agency of the State of Illinois.
Violation of this provision is a Business Offense punishable by
a fine not to exceed $3,000.
(Source: P.A. 100-253, eff. 1-1-18.)
Section 20. The Illinois Pension Code is amended by adding
Section 1-167 as follows:
(40 ILCS 5/1-167 new)
Sec. 1-167. Prohibited disclosures. No pension fund or
retirement system subject to this Code shall disclose the
following information of any members or participants of any
pension fund or retirement system: (1) the individual's home
address (including ZIP code and county); (2) the individual's
date of birth; (3) the individual's home and personal phone
number; (4) the individual's personal email address; (5)
personally identifying member or participant deduction
information; or (6) any membership status in a labor
organization or other voluntary association affiliated with a
labor organization or labor federation (including whether
participants are members of such organization, the identity of
such organization, whether or not participants pay or authorize
the payment of any dues or moneys to such organization, and the
amounts of such dues or moneys).
This Section 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 a labor
organization or other voluntary association affiliated with a
labor organization or labor federation.
Section 25. The Illinois Fire Protection Training Act is
amended by changing Section 8 as follows:
(50 ILCS 740/8) (from Ch. 85, par. 538)
Sec. 8. Rules and minimum standards for schools. The Office
shall adopt rules and minimum standards for such schools which
shall include but not be limited to the following:
a. Minimum courses of study, resources, facilities,
apparatus, equipment, reference material, established
records and procedures as determined by the Office.
b. Minimum requirements for instructors.
c. Minimum basic training requirements, which a
trainee must satisfactorily complete before being eligible
for permanent employment as a fire fighter in the fire
department of a participating local governmental agency.
Those requirements shall include training in first aid
(including cardiopulmonary resuscitation), and training in
the administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act, and training in the history of
the fire service labor movement using curriculum and
instructors provided by a statewide organization
representing professional union firefighters in Illinois.
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
Section 30. The Illinois Educational Labor Relations Act is
amended by changing Sections 3 and 14 and by adding Sections
11.1 and 11.2 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 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 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;
(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
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 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
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. 83-1014.)
(115 ILCS 5/11.1 new)
Sec. 11.1. Dues collection.
(a) Employers shall make payroll deductions of employee
organization dues, initiation fees, assessments, and other
payments for an employee organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of an employee's written authorization and shall
be paid to the exclusive representative. Written authorization
may be evidenced by electronic communications, and such writing
or communication may be evidenced by the electronic signature
of the employee as provided under Section 5-120 of the
Electronic Commerce Security Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and an educational
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the educational employee may revoke
the authorization, shall be deemed reasonable. This Section
shall apply to all claims that allege that an educational
employer or employee organization has improperly deducted or
collected dues from an employee without regard to whether the
claims or the facts upon which they are based occurred before,
on, or after the effective date of this amendatory Act of the
101st General Assembly and shall apply retroactively to the
maximum extent permitted by law.
(b) Upon receiving written notice of the authorization, the
educational employer must commence dues deductions as soon as
practicable, but in no case later than 30 days after receiving
notice from the employee organization. Employee deductions
shall be transmitted to the employee organization no later than
10 days after they are deducted unless a shorter period is
mutually agreed to.
(c) Deductions shall remain in effect until:
(1) the educational employer receives notice that an
educational employee has revoked his or her authorization
in writing in accordance with the terms of the
authorization; or
(2) the individual educational employee is no longer
employed by the educational employer in a bargaining unit
position represented by the same exclusive representative;
provided that if such employee is, within a period of one
year, employed by the same educational employer in a
position represented by the same employee organization,
the right to dues deduction shall be automatically
reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
those deductions.
Should the individual educational employee who has signed a
dues deduction authorization card either be removed from an
educational employer's payroll or otherwise placed on any type
of involuntary or voluntary leave of absence, whether paid or
unpaid, the employee's dues deduction shall be continued upon
that employee's return to the payroll in a bargaining unit
position represented by the same exclusive representative or
restoration to active duty from such a leave of absence.
(d) Unless otherwise mutually agreed by the educational
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for employee organizations shall be
directed to the employee organization rather than to the
educational employer. The employee organization shall be
responsible for initially processing and notifying the
educational employer of proper requests or providing proper
requests to the employer. If the requests are not provided to
the educational employer, the employer shall rely on
information provided by the employee organization regarding
whether deductions for an employee organization were properly
authorized, revoked, canceled, or changed, and the employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by
educational employees for deductions made in good faith
reliance on that information.
(e) Upon receipt by the exclusive representative of an
appropriate written authorization from an individual
educational employee, written notice of authorization shall be
provided to the educational employer and any authorized
deductions shall be made in accordance with law. The employee
organization shall indemnify the educational employer for any
damages and reasonable costs incurred for any claims made by an
educational employee for deductions made in good faith reliance
on its notification.
(f) The failure of an educational employer to comply with
the provisions of this Section shall be a violation of the duty
to bargain and an unfair labor practice. Relief for the
violation shall be reimbursement by the educational employer of
dues that should have been deducted or paid based on a valid
authorization given by the educational employee or employees.
In addition, the provisions of a collective bargaining
agreement that contain the obligations set forth in this
Section may be enforced in accordance with Section 10.
(g) The Illinois Educational Labor Relations Board shall
have exclusive jurisdiction over claims under Illinois law that
allege an educational employer or employee organization has
unlawfully deducted or collected dues from an educational
employee in violation of this Act. The Board shall by rule
require that in cases in which an educational employee alleges
that an employee organization has unlawfully collected dues,
the educational employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit the
dues to the Board for deposit in an escrow account maintained
by the Board. If the exclusive representative maintains an
escrow account for the purpose of holding dues to which an
employee has objected, the employer shall transmit the entire
amount of dues to the exclusive representative, and the
exclusive representative shall hold in escrow the dues that the
employer would otherwise have been required to transmit to the
Board for escrow; provided that the escrow account maintained
by the exclusive representative complies with rules adopted by
the Board or that the collective bargaining agreement requiring
the payment of the dues contains an indemnification provision
for the purpose of indemnifying the employer with respect to
the employer's transmission of dues to the exclusive
representative.
(h) If a collective bargaining agreement that includes a
dues deduction 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 dues deduction clause until a new agreement
that includes a dues deduction clause is reached. Failure to
honor and abide by the dues deduction clause for the benefit of
any exclusive representative as set forth in this subsection
(h) shall be a violation of the duty to bargain and an unfair
labor practice. For the benefit of any successor exclusive
representative certified under this Act, this provision shall
be applicable, provided the successor exclusive representative
presents the employer with employee written authorizations or
certifications from the exclusive representative for the
deduction of dues, assessments, and fees under this subsection
(h).
(i)(1) If any clause, sentence, paragraph, or subdivision
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subdivision of this Section directly
involved in the controversy in which such judgment shall have
been rendered.
(2) If any clause, sentence, paragraph, or part of a signed
authorization for payroll deductions shall be adjudged by a
court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but shall
be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which such judgment shall have
been rendered.
(115 ILCS 5/11.2 new)
Sec. 11.2. Defense to liability.
(a) The General Assembly declares that educational
employees who paid agency or fair share fees as a condition of
employment in accordance with State laws and United States
Supreme Court precedent prior to June 27, 2018 had no
legitimate expectation of receiving that money back under any
then available cause of action. Educational employers and
employee organizations who relied on State law and United
States Supreme Court precedent in deducting and accepting those
fees were not liable to refund them. Agency or fair share fees
were paid for collective bargaining representation that
employee organizations were obligated by State law to provide
to employees. Additionally, it should be presumed that
educational employees who signed written membership or dues
authorization agreements prior to this time knew and freely
accepted the contractual obligations set forth in those
agreements. Application of this Section to claims pending on
the effective date of this amendatory Act of the 101st General
Assembly will preserve, rather than interfere with, important
reliance interests. This Section is therefore necessary to
provide certainty to educational employers and employee
organizations that relied on State law and to avoid disruption
of educational labor relations after the United States Supreme
Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448
(2018).
(b) No educational employer or employee organization or any
of its employees or agents shall be liable for, and shall have
a complete defense to, any claims or actions under the laws of
this State for requiring, deducting, receiving, or retaining
dues, agency fees, or fair share fees from educational
employees, and current or former educational employees shall
not have standing to pursue these claims or actions, if the
dues or fees were permitted under the laws of this State then
in force and paid, through payroll deduction or otherwise,
prior to June 27, 2018.
(c) This Section shall apply to claims and actions pending
on the effective date of this amendatory Act of the 101st
General Assembly, as well to claims and actions on or after
that date.
(d) This Section is a declaration of existing law and shall
not be construed as a new enactment.
(115 ILCS 5/14) (from Ch. 48, par. 1714)
Sec. 14. Unfair labor practices.
(a) Educational employers, their agents or representatives
are prohibited from:
(1) Interfering, restraining or coercing employees in
the exercise of the rights guaranteed under this Act.
(2) Dominating or interfering with the formation,
existence or administration of any employee organization.
(3) Discriminating in regard to hire or tenure of
employment or any term or condition of employment to
encourage or discourage membership in any employee
organization.
(4) Discharging or otherwise discriminating against an
employee because he or she has signed or filed an
affidavit, authorization card, petition or complaint or
given any information or testimony under this Act.
(5) Refusing to bargain collectively in good faith with
an employee representative which is the exclusive
representative of employees in an appropriate unit,
including but not limited to the discussing of grievances
with the exclusive representative; provided, however, that
if an alleged unfair labor practice involves
interpretation or application of the terms of a collective
bargaining agreement and said agreement contains a
grievance and arbitration procedure, the Board may defer
the resolution of such dispute to the grievance and
arbitration procedure contained in said agreement.
(6) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(7) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.
(8) Refusing to comply with the provisions of a binding
arbitration award.
(9) Expending or causing 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
paragraph (c) of Section 7 of this Act; provided, that
nothing in this subsection shall be construed to limit an
employer's right 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 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 educational or
public employers, whether or not covered by this Act, the
Illinois Public 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.
(10) Interfering with, restraining, coercing,
deterring or discouraging educational employees or
applicants to be educational employees from: (1) becoming
members of an employee organization; (2) authorizing
representation by an employee organization; or (3)
authorizing dues or fee deductions to an employee
organization, nor shall the employer intentionally permit
outside third parties to use its email or other
communications 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 defense to an unfair labor practice.
(11) Disclosing to any person or entity information set
forth in subsection (d) of Section 3 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) Employee organizations, their agents or
representatives or educational employees are prohibited from:
(1) Restraining or coercing employees in the exercise
of the rights guaranteed under this Act, provided 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) Restraining or coercing an educational employer in
the selection of his representative for the purposes of
collective bargaining or the adjustment of grievances.
(3) Refusing to bargain collectively in good faith with
an educational employer, if they have been designated in
accordance with the provisions of this Act as the exclusive
representative of employees in an appropriate unit.
(4) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.
(5) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(6) Refusing to comply with the provisions of a binding
arbitration award.
(c) The expressing of any views, argument, 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.
(c-5) 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.
(d) The actions of a Financial Oversight Panel created
pursuant to Section 1A-8 of the School Code due to a district
violating a financial plan shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act. Such actions include, but are not limited to, reviewing,
approving, or rejecting a school district budget or a
collective bargaining agreement.
(Source: P.A. 89-572, eff. 7-30-96.)
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