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| Public Act 101-0003 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Collective Bargaining Freedom Act. | ||||
Section 5. Policy. It is the policy of the State of | ||||
Illinois that employers, employees, and their labor | ||||
organizations are free to negotiate collectively. It is also | ||||
the policy of the State of Illinois that employers, employees, | ||||
and their labor organizations may freely negotiate union | ||||
security agreements, including, but not limited to, those | ||||
requiring dues to be paid to a labor organization as permitted | ||||
under 29 U.S.C. 158(a)(3). It is further the policy of the | ||||
State of Illinois that no local government or political | ||||
subdivision may create or enforce any local law, ordinance, | ||||
regulation, rule, or the like that by design or application | ||||
prohibits, restricts, tends to restrict, or regulates the use | ||||
of union security agreements between a labor organization and | ||||
an employer as permitted under 29 U.S.C. 158(a)(3). | ||||
Section 10. Definitions. In this Act: | ||||
"Employer" includes any person acting as an agent of an | ||||
employer, directly or indirectly, but does not include the | ||||
United States or any wholly owned government corporation, or | ||
any Federal Reserve Bank, or any State or political subdivision | ||
thereof, or any person subject to the Railway Labor Act, 45 | ||
U.S.C. 151 et seq., as amended from time to time, or any labor | ||
organization (other than when acting as an employer), or anyone | ||
acting in the capacity of officer or agent of such labor | ||
organization. | ||
"Interested party" means a person with an interest in | ||
compliance with this Act. | ||
"Labor organization" means any organization of any kind, or | ||
any agency or employee representation committee or plan, in | ||
which employees participate and that exists for the purpose, in | ||
whole or in part, of dealing with employers concerning | ||
grievances, labor disputes, wages, rates of pay, hours of | ||
employment, or conditions of work. | ||
"Local government" and "political subdivision" include, | ||
but are not limited to, any county, city, town, township, | ||
village, municipality or subdivision thereof, airport | ||
authority, cemetery district, State college or university, | ||
community college, conservation district, drainage district, | ||
electric agency, exposition and auditorium authority, fire | ||
protection district, flood prevention district, forest | ||
preserve district, home equity program, hospital district, | ||
housing authority, joint action water agency, mass transit | ||
district, mosquito abatement district, multi-township | ||
assessment district, museum district, natural gas agency, park | ||
district, planning agency, port district, public building | ||
commission, public health district, public library district, | ||
public water district, rescue squad district, river | ||
conservancy district, road and bridge district, road district, | ||
sanitary district, school district, soil and water | ||
conservation district, solid waste agency, special recreation | ||
association, street lighting district, surface water district, | ||
transportation authority, water authority, water commission, | ||
water reclamation district, water service district, municipal | ||
corporation, and any other district, agency, or political | ||
subdivision authorized to legislate or enact laws affecting its | ||
respective jurisdiction, notwithstanding such local government | ||
or political subdivision's authority to exercise any power and | ||
perform any function pertaining to its government and affairs | ||
granted to it by the Illinois Constitution, a law, or | ||
otherwise. | ||
Section 15. Private sector union security agreements. | ||
Employers and labor organizations covered by the National Labor | ||
Relations Act may, anywhere within the entire State of | ||
Illinois, execute and apply agreements requiring membership in | ||
a labor organization as a condition of employment to the full | ||
extent authorized by the National Labor Relations Act. | ||
Section 20. Authority to enact legislation affecting union | ||
security agreements. | ||
(a) The authority to enact any legislation, law, ordinance, | ||
rule, regulation, or the like that by design or application | ||
prohibits, restricts, tends to restrict, or regulates in any
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manner the use of union security agreements between an employer | ||
and labor organization as authorized under 29 U.S.C. 164(b) | ||
vests exclusively with the General Assembly. | ||
(b) No local government or political subdivision is | ||
permitted to enact or enforce any local law, ordinance, rule, | ||
regulation, or the like that by design or application | ||
prohibits, restricts, tends to restrict, or regulates the use | ||
of union security agreements between an employer and labor | ||
organization as authorized under 29 U.S.C. 158(a)(3). | ||
(c) Nothing in this Act shall be construed as prohibiting | ||
the General Assembly from enacting legislation barring the | ||
execution or application of union security agreements as | ||
authorized under 29 U.S.C. 164(b). | ||
(d) This Act is a denial and limitation of home rule powers | ||
and functions under subsection (h) of Section 6 of Article VII | ||
of the Illinois Constitution. | ||
Section 25. Private right of action. Any interested party | ||
aggrieved by a violation of this Act or any rule adopted under | ||
this Act by any local government or political subdivision as | ||
described in this Act may file suit in circuit court, in the | ||
county where the alleged violation occurred or where any person | ||
who is a party to the action resides. Actions may be brought by | ||
one or more persons for and on behalf of themselves and other | ||
persons similarly situated. | ||
Section 30. Ordinances; laws; rules void. Any legislation, | ||
rule, law, ordinance, or otherwise that restricts or prohibits | ||
in any manner the use of union security agreements between an | ||
employer and labor organization as authorized under 29 U.S.C. | ||
158(a)(3) is a violation of this Act and void. | ||
Section 35. Severability. If any Section, sentence, | ||
clause, or part of this Act is for any reason held to be | ||
unconstitutional, such decision shall not affect the remaining | ||
portions of this Act. The General Assembly hereby declares that | ||
it would have passed this Act, and each Section, sentence, | ||
clause, or part thereof, irrespective of the fact that one or | ||
more Sections, sentences, clauses, or parts might be declared | ||
unconstitutional.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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