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1		AN ACT concerning government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be exempt
9		from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other records
19		prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating

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1		to known or suspected cases of sexually transmissible
2		disease or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmissible
4		Disease Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a local
21		emergency energy plan ordinance that is adopted under
22		Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by carriers
25		under the Emergency Telephone System Act.
26		(k) Law enforcement officer identification information

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1		or driver identification information compiled by a law
2		enforcement agency or the Department of Transportation
3		under Section 11-212 of the Illinois Vehicle Code.
4		(l) Records and information provided to a residential
5		health care facility resident sexual assault and death
6		review team or the Executive Council under the Abuse
7		Prevention Review Team Act.
8		(m) Information provided to the predatory lending
9		database created pursuant to Article 3 of the Residential
10		Real Property Disclosure Act, except to the extent
11		authorized under that Article.
12		(n) Defense budgets and petitions for certification of
13		compensation and expenses for court appointed trial
14		counsel as provided under Sections 10 and 15 of the Capital
15		Crimes Litigation Act. This subsection (n) shall apply
16		until the conclusion of the trial of the case, even if the
17		prosecution chooses not to pursue the death penalty prior
18		to trial or sentencing.
19		(o) Information that is prohibited from being
20		disclosed under Section 4 of the Illinois Health and
21		Hazardous Substances Registry Act.
22		(p) Security portions of system safety program plans,
23		investigation reports, surveys, schedules, lists, data, or
24		information compiled, collected, or prepared by or for the
25		Regional Transportation Authority under Section 2.11 of
26		the Regional Transportation Authority Act or the St. Clair

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1		County Transit District under the Bi-State Transit Safety
2		Act.
3		(q) Information prohibited from being disclosed by the
4		Personnel Record Records Review Act.
5		(r) Information prohibited from being disclosed by the
6		Illinois School Student Records Act.
7		(s) Information the disclosure of which is restricted
8		under Section 5-108 of the Public Utilities Act.
9		(t) All identified or deidentified health information
10		in the form of health data or medical records contained in,
11		stored in, submitted to, transferred by, or released from
12		the Illinois Health Information Exchange, and identified
13		or deidentified health information in the form of health
14		data and medical records of the Illinois Health Information
15		Exchange in the possession of the Illinois Health
16		Information Exchange Authority due to its administration
17		of the Illinois Health Information Exchange. The terms
18		"identified" and "deidentified" shall be given the same
19		meaning as in the Health Insurance Portability and
20		Accountability Act of 1996, Public Law 104-191, or any
21		subsequent amendments thereto, and any regulations
22		promulgated thereunder.
23		(u) Records and information provided to an independent
24		team of experts under the Developmental Disability and
25		Mental Health Safety Act (also known as Brian's Law).
26		(v) Names and information of people who have applied

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1		for or received Firearm Owner's Identification Cards under
2		the Firearm Owners Identification Card Act or applied for
3		or received a concealed carry license under the Firearm
4		Concealed Carry Act, unless otherwise authorized by the
5		Firearm Concealed Carry Act; and databases under the
6		Firearm Concealed Carry Act, records of the Concealed Carry
7		Licensing Review Board under the Firearm Concealed Carry
8		Act, and law enforcement agency objections under the
9		Firearm Concealed Carry Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of an
22		eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

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1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(ff) Information that is exempted from disclosure
15		under the Revised Uniform Unclaimed Property Act.
16		(gg) Information that is prohibited from being
17		disclosed under Section 7-603.5 of the Illinois Vehicle
18		Code.
19		(hh) Records that are exempt from disclosure under
20		Section 1A-16.7 of the Election Code.
21		(ii) Information which is exempted from disclosure
22		under Section 2505-800 of the Department of Revenue Law of
23		the Civil Administrative Code of Illinois.
24		(jj) Information and reports that are required to be
25		submitted to the Department of Labor by registering day and
26		temporary labor service agencies but are exempt from

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1		disclosure under subsection (a-1) of Section 45 of the Day
2		and Temporary Labor Services Act.
3		(kk) Information prohibited from disclosure under the
4		Seizure and Forfeiture Reporting Act.
5		(ll) Information the disclosure of which is restricted
6		and exempted under Section 5-30.8 of the Illinois Public
7		Aid Code.
8		(mm) (ll) Records that are exempt from disclosure under
9		Section 4.2 of the Crime Victims Compensation Act.
10		(nn) (ll) Information that is exempt from disclosure
11		under Section 70 of the Higher Education Student Assistance
12		Act.
13		(oo) Information prohibited from being disclosed under
14		the Illinois Educational Labor Relations Act.
15		(pp) Information prohibited from being disclosed under
16		the Illinois Public Labor Relations Act.
17		(qq) Information prohibited from being disclosed under
18		Section 1-167 of the Illinois Pension Code.
19		(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
20		eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
21		99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
22		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
23		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
24		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
25		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
26		10-12-18.)

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1		Section 10. The Illinois Public Labor Relations Act is
2		amended by changing Sections 6 and 10 and by adding Section 6.5
3		as follows:
4		(5 ILCS 315/6) (from Ch. 48, par. 1606)
5		Sec. 6. Right to organize and bargain collectively;
6		exclusive representation; and fair share arrangements.
7		(a) Employees of the State and any political subdivision of
8		the State, excluding employees of the General Assembly of the
9		State of Illinois and employees excluded from the definition of
10		"public employee" under subsection (n) of Section 3 of this
11		Act, have, and are protected in the exercise of, the right of
12		self-organization, and may form, join or assist any labor
13		organization, to bargain collectively through representatives
14		of their own choosing on questions of wages, hours and other
15		conditions of employment, not excluded by Section 4 of this
16		Act, and to engage in other concerted activities not otherwise
17		prohibited by law for the purposes of collective bargaining or
18		other mutual aid or protection, free from interference,
19		restraint or coercion. Employees also have, and are protected
20		in the exercise of, the right to refrain from participating in
21		any such concerted activities. Employees may be required,
22		pursuant to the terms of a lawful fair share agreement, to pay
23		a fee which shall be their proportionate share of the costs of
24		the collective bargaining process, contract administration and

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1		pursuing matters affecting wages, hours and other conditions of
2		employment as defined in Section 3(g).
3		(b) Nothing in this Act prevents an employee from
4		presenting a grievance to the employer and having the grievance
5		heard and settled without the intervention of an employee
6		organization; provided that the exclusive bargaining
7		representative is afforded the opportunity to be present at
8		such conference and that any settlement made shall not be
9		inconsistent with the terms of any agreement in effect between
10		the employer and the exclusive bargaining representative.
11		(c) A labor organization designated by the Board as the
12		representative of the majority of public employees in an
13		appropriate unit in accordance with the procedures herein or
14		recognized by a public employer as the representative of the
15		majority of public employees in an appropriate unit is the
16		exclusive representative for the employees of such unit for the
17		purpose of collective bargaining with respect to rates of pay,
18		wages, hours and other conditions of employment not excluded by
19		Section 4 of this Act. Unless otherwise mutually agreed, a A
20		public employer is required at least once each month and upon
21		request, to furnish the exclusive bargaining representative
22		with a complete list of the names and addresses of the public
23		employees in the bargaining unit, provided that a public
24		employer shall not be required to furnish such a list more than
25		once per payroll period. The exclusive bargaining
26		representative shall use the list exclusively for bargaining

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1		representation purposes and shall not disclose any information
2		contained in the list for any other purpose. Nothing in this
3		Section, however, shall prohibit a bargaining representative
4		from disseminating a list of its union members.
5		At the time the public employer provides such list, it
6		shall also provide to the exclusive representative, in an Excel
7		file or other mutually agreed upon editable digital file
8		format, the employee's job title, worksite location, work
9		telephone numbers, identification number if available, and any
10		home and personal cellular telephone numbers on file with the
11		employer, date of hire, work email address, and any personal
12		email address on file with the employer. In addition, unless
13		otherwise mutually agreed, within 10 calendar days from the
14		date of hire of a bargaining unit employee, the public employer
15		shall provide to the exclusive representative, in an electronic
16		file or other mutually agreed upon format, the following
17		information about the new employee: the employee's name, job
18		title, worksite location, home address, work telephone
19		numbers, and any home and personal cellular telephone numbers
20		on file with the employer, date of hire, work email address,
21		and any personal email address on file with the employer.
22		(c-5) No employer shall disclose the following information
23		of any employee: (1) the employee's home address (including ZIP
24		code and county); (2) the employee's date of birth; (3) the
25		employee's home and personal phone number; (4) the employee's
26		personal email address; (5) any information personally

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1		identifying employee membership or membership status in a labor
2		organization or other voluntary association affiliated with a
3		labor organization or a labor federation (including whether
4		employees are members of such organization, the identity of
5		such organization, whether or not employees pay or authorize
6		the payment of any dues or moneys to such organization, and the
7		amounts of such dues or moneys); and (6) emails or other
8		communications between a labor organization and its members.
9		As soon as practicable after receiving a request for any
10		information prohibited from disclosure under this subsection
11		(c-5), excluding a request from the exclusive bargaining
12		representative of the employee, the employer must provide a
13		written copy of the request, or a written summary of any oral
14		request, to the exclusive bargaining representative of the
15		employee or, if no such representative exists, to the employee.
16		The employer must also provide a copy of any response it has
17		made within 5 business days of sending the response to any
18		request.
19		If an employer discloses information in violation of this
20		subsection (c-5), an aggrieved employee of the employer or his
21		or her exclusive bargaining representative may file an unfair
22		labor practice charge with the Illinois Labor Relations Board
23		pursuant to Section 10 of this Act or commence an action in the
24		circuit court to enforce the provisions of this Act, including
25		actions to compel compliance, if an employer willfully and
26		wantonly discloses information in violation of this

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1		subsection. The circuit court for the county in which the
2		complainant resides, in which the complainant is employed, or
3		in which the employer is located shall have jurisdiction in
4		this matter.
5		This subsection does not apply to disclosures (i) required
6		under the Freedom of Information Act, (ii) for purposes of
7		conducting public operations or business, or (iii) to the
8		exclusive representative.
9		(c-10) Employers shall provide to exclusive
10		representatives, including their agents and employees,
11		reasonable access to employees in the bargaining units they
12		represent. This access shall at all times be conducted in a
13		manner so as not to impede normal operations.
14		(1) Access includes the following:
15		(A) the right to meet with one or more employees on
16		the employer's premises during the work day to
17		investigate and discuss grievances and
18		workplace-related complaints without charge to pay or
19		leave time of employees or agents of the exclusive
20		representative;
21		(B) the right to conduct worksite meetings during
22		lunch and other non-work breaks, and before and after
23		the workday, on the employer's premises to discuss
24		collective bargaining negotiations, the administration
25		of collective bargaining agreements, other matters
26		related to the duties of the exclusive representative,

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1		and internal matters involving the governance or
2		business of the exclusive representative, without
3		charge to pay or leave time of employees or agents of
4		the exclusive representative;
5		(C) the right to meet with newly hired employees,
6		without charge to pay or leave time of the employees or
7		agents of the exclusive representative, on the
8		employer's premises or at a location mutually agreed to
9		by the employer and exclusive representative for up to
10		one hour either within the first two weeks of
11		employment in the bargaining unit or at a later date
12		and time if mutually agreed upon by the employer and
13		the exclusive representative; and
14		(D) the right to use the facility mailboxes and
15		bulletin boards of the employer to communicate with
16		bargaining unit employees regarding collective
17		bargaining negotiations, the administration of the
18		collective bargaining agreements, the investigation of
19		grievances, other workplace-related complaints and
20		issues, and internal matters involving the governance
21		or business of the exclusive representative.
22		(2) Nothing in this Section shall prohibit an employer
23		and exclusive representative from agreeing in a collective
24		bargaining agreement to provide the exclusive
25		representative greater access to bargaining unit
26		employees, including through the use of the employer's

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1		email system.
2		(d) Labor organizations recognized by a public employer as
3		the exclusive representative or so designated in accordance
4		with the provisions of this Act are responsible for
5		representing the interests of all public employees in the unit.
6		Nothing herein shall be construed to limit an exclusive
7		representative's right to exercise its discretion to refuse to
8		process grievances of employees that are unmeritorious.
9		(e) When a collective bargaining agreement is entered into
10		with an exclusive representative, it may include in the
11		agreement a provision requiring employees covered by the
12		agreement who are not members of the organization to pay their
13		proportionate share of the costs of the collective bargaining
14		process, contract administration and pursuing matters
15		affecting wages, hours and conditions of employment, as defined
16		in Section 3 (g), but not to exceed the amount of dues
17		uniformly required of members. The organization shall certify
18		to the employer the amount constituting each nonmember
19		employee's proportionate share which shall not exceed dues
20		uniformly required of members. In such case, the proportionate
21		share payment in this Section shall be deducted by the employer
22		from the earnings of the nonmember employees and paid to the
23		employee organization.
24		(f) Employers shall make Only the exclusive representative
25		may negotiate provisions in a collective bargaining agreement
26		providing for the payroll deductions deduction of labor

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1		organization dues, fair share payment, initiation fees, and
2		assessments, and other payments for a labor organization that
3		is the exclusive representative. Such Except as provided in
4		subsection (e) of this Section, any such deductions shall only
5		be made in accordance with the terms of upon an employee's
6		written authorization, and continued until revoked in writing
7		in the same manner or until the termination date of an
8		applicable collective bargaining agreement. Such payments
9		shall be paid to the exclusive representative. Written
10		authorization may be evidenced by electronic communications,
11		and such writing or communication may be evidenced by the
12		electronic signature of the employee as provided under Section
13		5-120 of the Electronic Commerce Security Act.
14		There is no impediment to an employee's right to resign
15		union membership at any time. However, notwithstanding any
16		other provision of law to the contrary regarding authorization
17		and deduction of dues or other payments to a labor
18		organization, the exclusive representative and a public
19		employee may agree to reasonable limits on the right of the
20		employee to revoke such authorization, including a period of
21		irrevocability that exceeds one year. An authorization that is
22		irrevocable for one year, which may be automatically renewed
23		for successive annual periods in accordance with the terms of
24		the authorization, and that contains at least an annual 10-day
25		period of time during which the employee may revoke the
26		authorization, shall be deemed reasonable.

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1		This Section shall apply to all claims that allege that a
2		labor organization or a public employer has improperly deducted
3		or collected dues from an employee without regard to whether
4		the claims or the facts upon which they are based occurred
5		before, on, or after the effective date of this amendatory Act
6		of the 101st General Assembly and shall apply retroactively to
7		the maximum extent permitted by law.
8		(f-5) Where a collective bargaining agreement is
9		terminated, or continues in effect beyond its scheduled
10		expiration date pending the negotiation of a successor
11		agreement or the resolution of an impasse under Section 14, the
12		employer shall continue to honor and abide by any dues
13		deduction or fair share clause contained therein until a new
14		agreement is reached including dues deduction or a fair share
15		clause. For the benefit of any successor exclusive
16		representative certified under this Act, this provision shall
17		be applicable, provided the successor exclusive
18		representative:
19		(i) certifies to the employer the amount constituting
20		each non-member's proportionate share under subsection
21		(e); or
22		(ii) presents the employer with employee written
23		authorizations for the deduction of dues, assessments, and
24		fees under this subsection.
25		Failure to so honor and abide by dues deduction or fair
26		share clauses for the benefit of any exclusive representative,

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1		including a successor, shall be a violation of the duty to
2		bargain and an unfair labor practice.
3		(f-10) Upon receiving written notice of authorization, the
4		public employer must commence dues deductions as soon as
5		practicable, but in no case later than 30 days after receiving
6		notice from the labor organization. Employee deductions shall
7		be transmitted to the labor organization no later than 30 days
8		after they are deducted unless a shorter period is mutually
9		agreed to.
10		(f-15) Deductions shall remain in effect until:
11		(1) the public employer receives notice that a public
12		employee has revoked their authorization in writing in
13		accordance with the terms of the authorization; or
14		(2) the individual employee is no longer employed by
15		the public employer in a bargaining unit position
16		represented by the same exclusive representative, provided
17		that if the employee is, within a period of one year,
18		employed by the same public employer in a position
19		represented by the same labor organization, the right to
20		dues deduction shall be automatically reinstated.
21		Nothing in this subsection prevents an employee from
22		continuing to authorize payroll deductions when no longer
23		represented by the exclusive representative that would receive
24		such deduction.
25		Should the individual employee who has signed a dues
26		deduction authorization card either be removed from a public

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1		employer's payroll or otherwise placed on any type of
2		involuntary or voluntary leave of absence, whether paid or
3		unpaid, the public employee's dues deduction shall be continued
4		upon that public employee's return to the payroll in a
5		bargaining unit position represented by the same exclusive
6		representative or restoration to active duty from such a leave
7		of absence.
8		(f-20) Unless otherwise mutually agreed by the public
9		employer and the exclusive representative, employee requests
10		to authorize, revoke, cancel, or change authorizations for
11		payroll deductions for labor organizations shall be directed to
12		the labor organization rather than to the public employer. The
13		labor organization shall be responsible for initially
14		processing and notifying the public employer of proper requests
15		or providing proper requests to the employer. If the requests
16		are not provided to the public employer, the employer shall
17		rely on information provided by the labor organization
18		regarding whether deductions for a labor organization were
19		properly authorized, revoked, canceled, or changed, and the
20		labor organization shall indemnify the public employer for any
21		damages and reasonable costs incurred for any claims made by
22		employees for deductions made in good faith reliance on that
23		information.
24		(f-25) Upon receipt by the exclusive representative of an
25		appropriate written authorization from an employee, written
26		notice of authorization shall be provided to the employer and

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1		any authorized deductions shall be made in accordance with law.
2		The labor organization shall indemnify the public employer for
3		any damages and reasonable costs incurred for any claims made
4		by employees for deductions made in good faith reliance on its
5		notification.
6		(f-30) The failure of an employer to comply with the
7		provisions of this Section shall be a violation of the duty to
8		bargain and an unfair labor practice. Relief for the violation
9		shall be reimbursement by the public employer of dues that
10		should have been deducted or paid based on a valid
11		authorization given by the employee or employees. In addition,
12		the provisions of a collective bargaining agreement that
13		contain the obligations set forth in this Section may be
14		enforced in accordance with Sections 8 and 16.
15		(f-35) The Illinois Labor Relations Board shall have
16		exclusive jurisdiction over claims under Illinois law that
17		allege that a labor organization has unlawfully collected dues
18		from a public employee in violation of this Act. The Board
19		shall by rule require that in cases in which a public employee
20		alleges that a labor organization has unlawfully collected
21		dues, the public employer shall continue to deduct the
22		employee's dues from the employee's pay, but shall transmit the
23		dues to the Board for deposit in an escrow account maintained
24		by the Board. If the exclusive representative maintains an
25		escrow account for the purpose of holding dues to which an
26		employee has objected, the employer shall transmit the entire

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1		amount of dues to the exclusive representative, and the
2		exclusive representative shall hold in escrow the dues that the
3		employer would otherwise have been required to transmit to the
4		Board for escrow; provided that the escrow account maintained
5		by the exclusive representative complies with rules adopted by
6		the Board or that the collective bargaining agreement requiring
7		the payment of the dues contains an indemnification provision
8		for the purpose of indemnifying the employer with respect to
9		the employer's transmission of dues to the exclusive
10		representative.
11		(f-40) If any clause, sentence, paragraph, or subparagraph
12		of this Section shall be adjudged by a court of competent
13		jurisdiction to be unconstitutional or otherwise invalid, that
14		judgment shall not affect, impair, or invalidate the remainder
15		thereof, but shall be confined in its operation to the clause,
16		sentence, paragraph, or subparagraph of this Section directly
17		involved in the controversy in which that judgment shall have
18		been rendered.
19		If any clause, sentence, paragraph, or part of a signed
20		authorization for payroll deductions shall be adjudged by a
21		court of competent jurisdiction to be unconstitutional or
22		otherwise invalid, that judgment shall not affect, impair, or
23		invalidate the remainder of the signed authorization, but shall
24		be confined in its operation to the clause, sentence,
25		paragraph, or part of the signed authorization directly
26		involved in the controversy in which that judgment shall have

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1		been rendered.
2		(g) Agreements containing a fair share agreement must
3		safeguard the right of nonassociation of employees based upon
4		bona fide religious tenets or teachings of a church or
5		religious body of which such employees are members. Such
6		employees may be required to pay an amount equal to their fair
7		share, determined under a lawful fair share agreement, to a
8		nonreligious charitable organization mutually agreed upon by
9		the employees affected and the exclusive bargaining
10		representative to which such employees would otherwise pay such
11		service fee. If the affected employees and the bargaining
12		representative are unable to reach an agreement on the matter,
13		the Board may establish an approved list of charitable
14		organizations to which such payments may be made.
15		(Source: P.A. 97-1172, eff. 4-5-13.)
16		(5 ILCS 315/6.5 new)
17		Sec. 6.5. Defense to liability.
18		(a) The General Assembly declares that public employees who
19		paid agency or fair share fees as a condition of public
20		employment in accordance with State laws and United States
21		Supreme Court precedent prior to June 27, 2018 had no
22		legitimate expectation of receiving that money back under any
23		then available cause of action. Public employers and labor
24		organizations who relied on State law and Supreme Court
25		precedent in deducting and accepting those fees were not liable

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1		to refund them. Agency or fair share fees were paid for
2		collective bargaining representation that employee
3		organizations were obligated by State law to provide to
4		employees. Additionally, it should be presumed that employees
5		who signed written membership or dues authorization agreements
6		prior to this time knew and freely accepted the contractual
7		obligations set forth in those agreements. Application of this
8		Section to claims pending on the effective date of this
9		amendatory Act of the 101st General Assembly will preserve,
10		rather than interfere with, important reliance interests. This
11		Section is therefore necessary to provide certainty to public
12		employers and labor organizations that relied on State law and
13		to avoid disruption of public employee labor relations after
14		the United States Supreme Court's decision in Janus v. AFSCME
15		Council 31, 138 S. Ct. 2448 (2018).
16		(b) No public employer or labor organization, or any of its
17		employees or agents, shall be liable for, and they shall have a
18		complete defense to, any claims or actions under the laws of
19		this State for requiring, deducting, receiving, or retaining
20		dues, agency fees, or fair share fees from public employees,
21		and current or former public employees shall not have standing
22		to pursue these claims or actions if the dues or fees were
23		permitted under the laws of this State then in force and paid,
24		through payroll deduction or otherwise, prior to June 27, 2018.
25		(c) This Section shall apply to claims and actions pending
26		on the effective date of this amendatory Act of the 101st

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1		General Assembly, as well to claims and actions on or after
2		that date.
3		(d) This Section is a declaration of existing law and shall
4		not be construed as a new enactment.
5		(5 ILCS 315/10) (from Ch. 48, par. 1610)
6		Sec. 10. Unfair labor practices.
7		(a) It shall be an unfair labor practice for an employer or
8		its agents:
9		(1) to interfere with, restrain or coerce public
10		employees in the exercise of the rights guaranteed in this
11		Act or to dominate or interfere with the formation,
12		existence or administration of any labor organization or
13		contribute financial or other support to it; provided, an
14		employer shall not be prohibited from permitting employees
15		to confer with him during working hours without loss of
16		time or pay;
17		(2) to discriminate in regard to hire or tenure of
18		employment or any term or condition of employment in order
19		to encourage or discourage membership in or other support
20		for any labor organization. Nothing in this Act or any
21		other law precludes a public employer from making an
22		agreement with a labor organization to require as a
23		condition of employment the payment of a fair share under
24		paragraph (e) of Section 6;
25		(3) to discharge or otherwise discriminate against a

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1		public employee because he has signed or filed an
2		affidavit, petition or charge or provided any information
3		or testimony under this Act;
4		(4) to refuse to bargain collectively in good faith
5		with a labor organization which is the exclusive
6		representative of public employees in an appropriate unit,
7		including, but not limited to, the discussing of grievances
8		with the exclusive representative;
9		(5) to violate any of the rules and regulations
10		established by the Board with jurisdiction over them
11		relating to the conduct of representation elections or the
12		conduct affecting the representation elections;
13		(6) to expend or cause the expenditure of public funds
14		to any external agent, individual, firm, agency,
15		partnership or association in any attempt to influence the
16		outcome of representational elections held pursuant to
17		Section 9 of this Act; provided, that nothing in this
18		subsection shall be construed to limit an employer's right
19		to internally communicate with its employees as provided in
20		subsection (c) of this Section, to be represented on any
21		matter pertaining to unit determinations, unfair labor
22		practice charges or pre-election conferences in any formal
23		or informal proceeding before the Board, or to seek or
24		obtain advice from legal counsel. Nothing in this paragraph
25		shall be construed to prohibit an employer from expending
26		or causing the expenditure of public funds on, or seeking

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1		or obtaining services or advice from, any organization,
2		group, or association established by and including public
3		or educational employers, whether covered by this Act, the
4		Illinois Educational Labor Relations Act or the public
5		employment labor relations law of any other state or the
6		federal government, provided that such services or advice
7		are generally available to the membership of the
8		organization, group or association, and are not offered
9		solely in an attempt to influence the outcome of a
10		particular representational election; or
11		(7) to refuse to reduce a collective bargaining
12		agreement to writing or to refuse to sign such agreement; .
13		(8) to interfere with, restrain, coerce, deter, or
14		discourage public employees or applicants to be public
15		employees from: (i) becoming or remaining members of a
16		labor organization; (ii) authorizing representation by a
17		labor organization; or (iii) authorizing dues or fee
18		deductions to a labor organization, nor shall the employer
19		intentionally permit outside third parties to use its email
20		or other communication systems to engage in that conduct.
21		An employer's good faith implementation of a policy to
22		block the use of its email or other communication systems
23		for such purposes shall be a defense to an unfair labor
24		practice; or
25		(9) to disclose to any person or entity information set
26		forth in subsection (c-5) of Section 6 of this Act that the

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1		employer knows or should know will be used to interfere
2		with, restrain, coerce, deter, or discourage any public
3		employee from: (i) becoming or remaining members of a labor
4		organization, (ii) authorizing representation by a labor
5		organization, or (iii) authorizing dues or fee deductions
6		to a labor organization.
7		(b) It shall be an unfair labor practice for a labor
8		organization or its agents:
9		(1) to restrain or coerce public employees in the
10		exercise of the rights guaranteed in this Act, provided,
11		(i) that this paragraph shall not impair the right of a
12		labor organization to prescribe its own rules with respect
13		to the acquisition or retention of membership therein or
14		the determination of fair share payments and (ii) that a
15		labor organization or its agents shall commit an unfair
16		labor practice under this paragraph in duty of fair
17		representation cases only by intentional misconduct in
18		representing employees under this Act;
19		(2) to restrain or coerce a public employer in the
20		selection of his representatives for the purposes of
21		collective bargaining or the settlement of grievances; or
22		(3) to cause, or attempt to cause, an employer to
23		discriminate against an employee in violation of
24		subsection (a)(2);
25		(4) to refuse to bargain collectively in good faith
26		with a public employer, if it has been designated in

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1		accordance with the provisions of this Act as the exclusive
2		representative of public employees in an appropriate unit;
3		(5) to violate any of the rules and regulations
4		established by the boards with jurisdiction over them
5		relating to the conduct of representation elections or the
6		conduct affecting the representation elections;
7		(6) to discriminate against any employee because he has
8		signed or filed an affidavit, petition or charge or
9		provided any information or testimony under this Act;
10		(7) to picket or cause to be picketed, or threaten to
11		picket or cause to be picketed, any public employer where
12		an object thereof is forcing or requiring an employer to
13		recognize or bargain with a labor organization of the
14		representative of its employees, or forcing or requiring
15		the employees of an employer to accept or select such labor
16		organization as their collective bargaining
17		representative, unless such labor organization is
18		currently certified as the representative of such
19		employees:
20		(A) where the employer has lawfully recognized in
21		accordance with this Act any labor organization and a
22		question concerning representation may not
23		appropriately be raised under Section 9 of this Act;
24		(B) where within the preceding 12 months a valid
25		election under Section 9 of this Act has been
26		conducted; or

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1		(C) where such picketing has been conducted
2		without a petition under Section 9 being filed within a
3		reasonable period of time not to exceed 30 days from
4		the commencement of such picketing; provided that when
5		such a petition has been filed the Board shall
6		forthwith, without regard to the provisions of
7		subsection (a) of Section 9 or the absence of a showing
8		of a substantial interest on the part of the labor
9		organization, direct an election in such unit as the
10		Board finds to be appropriate and shall certify the
11		results thereof; provided further, that nothing in
12		this subparagraph shall be construed to prohibit any
13		picketing or other publicity for the purpose of
14		truthfully advising the public that an employer does
15		not employ members of, or have a contract with, a labor
16		organization unless an effect of such picketing is to
17		induce any individual employed by any other person in
18		the course of his employment, not to pick up, deliver,
19		or transport any goods or not to perform any services;
20		or
21		(8) to refuse to reduce a collective bargaining
22		agreement to writing or to refuse to sign such agreement.
23		(c) The expressing of any views, argument, or opinion or
24		the dissemination thereof, whether in written, printed,
25		graphic, or visual form, shall not constitute or be evidence of
26		an unfair labor practice under any of the provisions of this

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1		Act, if such expression contains no threat of reprisal or force
2		or promise of benefit.
3		(d) The employer shall not discourage public employees or
4		applicants to be public employees from becoming or remaining
5		union members or authorizing dues deductions, and shall not
6		otherwise interfere with the relationship between employees
7		and their exclusive bargaining representative. The employer
8		shall refer all inquiries about union membership to the
9		exclusive bargaining representative, except that the employer
10		may communicate with employees regarding payroll processes and
11		procedures. The employer will establish email policies in an
12		effort to prohibit the use of its email system by outside
13		sources.
14		(Source: P.A. 86-412; 87-736.)
15		Section 15. The State Comptroller Act is amended by
16		changing Section 20 as follows:
17		(15 ILCS 405/20) (from Ch. 15, par. 220)
18		Sec. 20. Annual report. The Comptroller shall annually, as
19		soon as possible after the close of the fiscal year but no
20		later than December 31, make out and present to the Governor,
21		the President of the Senate, the Speaker of the House of
22		Representatives, the Minority Leader of the Senate, and the
23		Minority Leader of the House of Representatives a report,
24		showing the amount of warrants drawn on the treasury, on other

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1		funds held by the State Treasurer and on any public funds held
2		by State agencies, during the preceding fiscal year, and
3		stating, particularly, on what account they were drawn, and if
4		drawn on the contingent fund, to whom and for what they were
5		issued. He or she shall, also, at the same time, report to the
6		Governor, the President of the Senate, the Speaker of the House
7		of Representatives, the Minority Leader of the Senate, and the
8		Minority Leader of the House of Representatives the amount of
9		money received into the treasury, into other funds held by the
10		State Treasurer and into any other funds held by State agencies
11		during the preceding fiscal year, and stating particularly, the
12		source from which the same may be derived, and also a general
13		account of all the business of his office during the preceding
14		fiscal year. The report shall also summarize for the previous
15		fiscal year the information required under Section 19.
16		Within 60 days after the expiration of each calendar year,
17		the Comptroller shall compile, from records maintained and
18		available in his office, a list of all persons including those
19		employed in the Office of the Comptroller, who have been
20		employed by the State during the past calendar year and paid
21		from funds in the hands of the State Treasurer.
22		The list shall be arranged according to counties and shall
23		state in alphabetical order the name of each employee, the
24		address in the county in which he votes, except as specified
25		below, the position, and the total salary paid to him or her
26		during the past calendar year, rounded to the nearest hundred

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1		dollar. For persons employed by the Department of Corrections,
2		Department of Children and Family Services, Department of
3		Juvenile Justice, Office of the State's Attorneys Appellate
4		Prosecutor, and the Department of State Police, as well as
5		their spouses, no address shall be listed. The list so compiled
6		and arranged shall be kept on file in the office of the
7		Comptroller and be open to inspection by the public at all
8		times.
9		No person who utilizes the names obtained from this list
10		for solicitation shall represent that such solicitation is
11		authorized by any officer or agency of the State of Illinois.
12		Violation of this provision is a Business Offense punishable by
13		a fine not to exceed $3,000.
14		(Source: P.A. 100-253, eff. 1-1-18.)
15		Section 20. The Illinois Pension Code is amended by adding
16		Section 1-167 as follows:
17		(40 ILCS 5/1-167 new)
18		Sec. 1-167. Prohibited disclosures. No pension fund or
19		retirement system subject to this Code shall disclose the
20		following information of any members or participants of any
21		pension fund or retirement system: (1) the individual's home
22		address (including ZIP code and county); (2) the individual's
23		date of birth; (3) the individual's home and personal phone
24		number; (4) the individual's personal email address; (5)

SB1784 Enrolled - 32 - LRB101 11042 RJF 56246 b
1		personally identifying member or participant deduction
2		information; or (6) any membership status in a labor
3		organization or other voluntary association affiliated with a
4		labor organization or labor federation (including whether
5		participants are members of such organization, the identity of
6		such organization, whether or not participants pay or authorize
7		the payment of any dues or moneys to such organization, and the
8		amounts of such dues or moneys).
9		This Section does not apply to disclosures (i) required
10		under the Freedom of Information Act, (ii) for purposes of
11		conducting public operations or business, or (iii) to a labor
12		organization or other voluntary association affiliated with a
13		labor organization or labor federation.
14		Section 25. The Illinois Fire Protection Training Act is
15		amended by changing Section 8 as follows:
16		(50 ILCS 740/8) (from Ch. 85, par. 538)
17		Sec. 8. Rules and minimum standards for schools. The Office
18		shall adopt rules and minimum standards for such schools which
19		shall include but not be limited to the following:
20		a. Minimum courses of study, resources, facilities,
21		apparatus, equipment, reference material, established
22		records and procedures as determined by the Office.
23		b. Minimum requirements for instructors.
24		c. Minimum basic training requirements, which a

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1		trainee must satisfactorily complete before being eligible
2		for permanent employment as a fire fighter in the fire
3		department of a participating local governmental agency.
4		Those requirements shall include training in first aid
5		(including cardiopulmonary resuscitation), and training in
6		the administration of opioid antagonists as defined in
7		paragraph (1) of subsection (e) of Section 5-23 of the
8		Substance Use Disorder Act, and training in the history of
9		the fire service labor movement using curriculum and
10		instructors provided by a statewide organization
11		representing professional union firefighters in Illinois.
12		(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
13		Section 30. The Illinois Educational Labor Relations Act is
14		amended by changing Sections 3 and 14 and by adding Sections
15		11.1 and 11.2 as follows:
16		(115 ILCS 5/3) (from Ch. 48, par. 1703)
17		Sec. 3. Employee rights; exclusive representative rights.
18		(a) It shall be lawful for educational employees to
19		organize, form, join, or assist in employee organizations or
20		engage in lawful concerted activities for the purpose of
21		collective bargaining or other mutual aid and protection or
22		bargain collectively through representatives of their own free
23		choice and, except as provided in Section 11, such employees
24		shall also have the right to refrain from any or all such

SB1784 Enrolled - 34 - LRB101 11042 RJF 56246 b
1		activities.
2		(b) Representatives selected by educational employees in a
3		unit appropriate for collective bargaining purposes shall be
4		the exclusive representative of all the employees in such unit
5		to bargain on wages, hours, terms and conditions of employment.
6		However, any individual employee or a group of employees may at
7		any time present grievances to their employer and have them
8		adjusted without the intervention of the bargaining
9		representative as long as the adjustment is not inconsistent
10		with the terms of a collective bargaining agreement then in
11		effect, provided that the bargaining representative has been
12		given an opportunity to be present at such adjustment.
13		(c) Employers shall provide to exclusive representatives,
14		including their agents and employees, reasonable access to and
15		information about employees in the bargaining units they
16		represent. This access shall at all times be conducted in a
17		manner so as not to impede normal operations.
18		(1) Access includes the following:
19		(A) the right to meet with one or more employees on
20		the employer's premises during the work day to
21		investigate and discuss grievances and
22		workplace-related complaints without charge to pay or
23		leave time of employees or agents of the exclusive
24		representative;
25		(B) the right to conduct worksite meetings during
26		lunch and other non-work breaks, and before and after

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1		the workday, on the employer's premises to discuss
2		collective bargaining negotiations, the administration
3		of collective bargaining agreements, other matters
4		related to the duties of the exclusive representative,
5		and internal matters involving the governance or
6		business of the exclusive representative, without
7		charge to pay or leave time of employees or agents of
8		the exclusive representative;
9		(C) the right to meet with newly hired employees,
10		without charge to pay or leave time of the employees or
11		agents of the exclusive representative, on the
12		employer's premises or at a location mutually agreed to
13		by the employer and exclusive representative for up to
14		one hour either within the first two weeks of
15		employment in the bargaining unit or at a later date
16		and time if mutually agreed upon by the employer and
17		the exclusive representative; and
18		(D) the right to use the facility mailboxes and
19		bulletin boards of the employer to communicate with
20		bargaining unit employees regarding collective
21		bargaining negotiations, the administration of the
22		collective bargaining agreements, the investigation of
23		grievances, other workplace-related complaints and
24		issues, and internal matters involving the governance
25		or business of the exclusive representative.
26		Nothing in this Section shall prohibit an employer and

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1		exclusive representative from agreeing in a collective
2		bargaining agreement to provide the exclusive
3		representative greater access to bargaining unit
4		employees, including through the use of the employer's
5		email system.
6		(2) Information about employees includes, but is not
7		limited to, the following:
8		(A) within 10 calendar days from the beginning of
9		every school term and every 30 calendar days thereafter
10		in the school term, in an Excel file or other editable
11		digital file format agreed to by the exclusive
12		representative, the employee's name, job title,
13		worksite location, home address, work telephone
14		numbers, identification number if available, and any
15		home and personal cellular telephone numbers on file
16		with the employer, date of hire, work email address,
17		and any personal email address on file with the
18		employer; and
19		(B) unless otherwise mutually agreed upon, within
20		10 calendar days from the date of hire of a bargaining
21		unit employee, in an electronic file or other format
22		agreed to by the exclusive representative, the
23		employee's name, job title, worksite location, home
24		address, work telephone numbers, and any home and
25		personal cellular telephone numbers on file with the
26		employer, date of hire, work email address, and any

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1		personal email address on file with the employer.
2		(d) No employer shall disclose the following information of
3		any employee: (1) the employee's home address (including ZIP
4		code and county); (2) the employee's date of birth; (3) the
5		employee's home and personal phone number; (4) the employee's
6		personal email address; (5) any information personally
7		identifying employee membership or membership status in a labor
8		organization or other voluntary association affiliated with a
9		labor organization or a labor federation (including whether
10		employees are members of such organization, the identity of
11		such organization, whether or not employees pay or authorize
12		the payment of any dues of moneys to such organization, and the
13		amounts of such dues or moneys); and (6) emails or other
14		communications between a labor organization and its members.
15		As soon as practicable after receiving a request for any
16		information prohibited from disclosure under this subsection
17		(d), excluding a request from the exclusive bargaining
18		representative of the employee, the employer must provide a
19		written copy of the request, or a written summary of any oral
20		request, to the exclusive bargaining representative of the
21		employee or, if no such representative exists, to the employee.
22		The employer must also provide a copy of any response it has
23		made within 5 business days of sending the response to any
24		request.
25		If an employer discloses information in violation of this
26		subsection (d), an aggrieved employee of the employer or his or

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1		her exclusive bargaining representative may file an unfair
2		labor practice charge with the Illinois Educational Labor
3		Relations Board pursuant to Section 14 of this Act or commence
4		an action in the circuit court to enforce the provisions of
5		this Act, including actions to compel compliance, if an
6		employer willfully and wantonly discloses information in
7		violation of this subsection. The circuit court for the county
8		in which the complainant resides, in which the complainant is
9		employed, or in which the employer is located shall have
10		jurisdiction in this matter.
11		This subsection does not apply to disclosures (i) required
12		under the Freedom of Information Act, (ii) for purposes of
13		conducting public operations or business, or (iii) to the
14		exclusive representative.
15		(Source: P.A. 83-1014.)
16		(115 ILCS 5/11.1 new)
17		Sec. 11.1. Dues collection.
18		(a) Employers shall make payroll deductions of employee
19		organization dues, initiation fees, assessments, and other
20		payments for an employee organization that is the exclusive
21		representative. Such deductions shall be made in accordance
22		with the terms of an employee's written authorization and shall
23		be paid to the exclusive representative. Written authorization
24		may be evidenced by electronic communications, and such writing
25		or communication may be evidenced by the electronic signature

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1		of the employee as provided under Section 5-120 of the
2		Electronic Commerce Security Act.
3		There is no impediment to an employee's right to resign
4		union membership at any time. However, notwithstanding any
5		other provision of law to the contrary regarding authorization
6		and deduction of dues or other payments to a labor
7		organization, the exclusive representative and an educational
8		employee may agree to reasonable limits on the right of the
9		employee to revoke such authorization, including a period of
10		irrevocability that exceeds one year. An authorization that is
11		irrevocable for one year, which may be automatically renewed
12		for successive annual periods in accordance with the terms of
13		the authorization, and that contains at least an annual 10-day
14		period of time during which the educational employee may revoke
15		the authorization, shall be deemed reasonable. This Section
16		shall apply to all claims that allege that an educational
17		employer or employee organization has improperly deducted or
18		collected dues from an employee without regard to whether the
19		claims or the facts upon which they are based occurred before,
20		on, or after the effective date of this amendatory Act of the
21		101st General Assembly and shall apply retroactively to the
22		maximum extent permitted by law.
23		(b) Upon receiving written notice of the authorization, the
24		educational employer must commence dues deductions as soon as
25		practicable, but in no case later than 30 days after receiving
26		notice from the employee organization. Employee deductions

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1		shall be transmitted to the employee organization no later than
2		10 days after they are deducted unless a shorter period is
3		mutually agreed to.
4		(c) Deductions shall remain in effect until:
5		(1) the educational employer receives notice that an
6		educational employee has revoked his or her authorization
7		in writing in accordance with the terms of the
8		authorization; or
9		(2) the individual educational employee is no longer
10		employed by the educational employer in a bargaining unit
11		position represented by the same exclusive representative;
12		provided that if such employee is, within a period of one
13		year, employed by the same educational employer in a
14		position represented by the same employee organization,
15		the right to dues deduction shall be automatically
16		reinstated.
17		Nothing in this subsection prevents an employee from
18		continuing to authorize payroll deductions when no longer
19		represented by the exclusive representative that would receive
20		those deductions.
21		Should the individual educational employee who has signed a
22		dues deduction authorization card either be removed from an
23		educational employer's payroll or otherwise placed on any type
24		of involuntary or voluntary leave of absence, whether paid or
25		unpaid, the employee's dues deduction shall be continued upon
26		that employee's return to the payroll in a bargaining unit

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1		position represented by the same exclusive representative or
2		restoration to active duty from such a leave of absence.
3		(d) Unless otherwise mutually agreed by the educational
4		employer and the exclusive representative, employee requests
5		to authorize, revoke, cancel, or change authorizations for
6		payroll deductions for employee organizations shall be
7		directed to the employee organization rather than to the
8		educational employer. The employee organization shall be
9		responsible for initially processing and notifying the
10		educational employer of proper requests or providing proper
11		requests to the employer. If the requests are not provided to
12		the educational employer, the employer shall rely on
13		information provided by the employee organization regarding
14		whether deductions for an employee organization were properly
15		authorized, revoked, canceled, or changed, and the employee
16		organization shall indemnify the educational employer for any
17		damages and reasonable costs incurred for any claims made by
18		educational employees for deductions made in good faith
19		reliance on that information.
20		(e) Upon receipt by the exclusive representative of an
21		appropriate written authorization from an individual
22		educational employee, written notice of authorization shall be
23		provided to the educational employer and any authorized
24		deductions shall be made in accordance with law. The employee
25		organization shall indemnify the educational employer for any
26		damages and reasonable costs incurred for any claims made by an

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1		educational employee for deductions made in good faith reliance
2		on its notification.
3		(f) The failure of an educational employer to comply with
4		the provisions of this Section shall be a violation of the duty
5		to bargain and an unfair labor practice. Relief for the
6		violation shall be reimbursement by the educational employer of
7		dues that should have been deducted or paid based on a valid
8		authorization given by the educational employee or employees.
9		In addition, the provisions of a collective bargaining
10		agreement that contain the obligations set forth in this
11		Section may be enforced in accordance with Section 10.
12		(g) The Illinois Educational Labor Relations Board shall
13		have exclusive jurisdiction over claims under Illinois law that
14		allege an educational employer or employee organization has
15		unlawfully deducted or collected dues from an educational
16		employee in violation of this Act. The Board shall by rule
17		require that in cases in which an educational employee alleges
18		that an employee organization has unlawfully collected dues,
19		the educational employer shall continue to deduct the
20		employee's dues from the employee's pay, but shall transmit the
21		dues to the Board for deposit in an escrow account maintained
22		by the Board. If the exclusive representative maintains an
23		escrow account for the purpose of holding dues to which an
24		employee has objected, the employer shall transmit the entire
25		amount of dues to the exclusive representative, and the
26		exclusive representative shall hold in escrow the dues that the

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1		employer would otherwise have been required to transmit to the
2		Board for escrow; provided that the escrow account maintained
3		by the exclusive representative complies with rules adopted by
4		the Board or that the collective bargaining agreement requiring
5		the payment of the dues contains an indemnification provision
6		for the purpose of indemnifying the employer with respect to
7		the employer's transmission of dues to the exclusive
8		representative.
9		(h) If a collective bargaining agreement that includes a
10		dues deduction clause expires or continues in effect beyond its
11		scheduled expiration date pending the negotiation of a
12		successor agreement, then the employer shall continue to honor
13		and abide by the dues deduction clause until a new agreement
14		that includes a dues deduction clause is reached. Failure to
15		honor and abide by the dues deduction clause for the benefit of
16		any exclusive representative as set forth in this subsection
17		(h) shall be a violation of the duty to bargain and an unfair
18		labor practice. For the benefit of any successor exclusive
19		representative certified under this Act, this provision shall
20		be applicable, provided the successor exclusive representative
21		presents the employer with employee written authorizations or
22		certifications from the exclusive representative for the
23		deduction of dues, assessments, and fees under this subsection
24		(h).
25		(i)(1) If any clause, sentence, paragraph, or subdivision
26		of this Section shall be adjudged by a court of competent

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1		jurisdiction to be unconstitutional or otherwise invalid, that
2		judgment shall not affect, impair, or invalidate the remainder
3		thereof, but shall be confined in its operation to the clause,
4		sentence, paragraph, or subdivision of this Section directly
5		involved in the controversy in which such judgment shall have
6		been rendered.
7		(2) If any clause, sentence, paragraph, or part of a signed
8		authorization for payroll deductions shall be adjudged by a
9		court of competent jurisdiction to be unconstitutional or
10		otherwise invalid, that judgment shall not affect, impair, or
11		invalidate the remainder of the signed authorization, but shall
12		be confined in its operation to the clause, sentence,
13		paragraph, or part of the signed authorization directly
14		involved in the controversy in which such judgment shall have
15		been rendered.
16		(115 ILCS 5/11.2 new)
17		Sec. 11.2. Defense to liability.
18		(a) The General Assembly declares that educational
19		employees who paid agency or fair share fees as a condition of
20		employment in accordance with State laws and United States
21		Supreme Court precedent prior to June 27, 2018 had no
22		legitimate expectation of receiving that money back under any
23		then available cause of action. Educational employers and
24		employee organizations who relied on State law and United
25		States Supreme Court precedent in deducting and accepting those

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1		fees were not liable to refund them. Agency or fair share fees
2		were paid for collective bargaining representation that
3		employee organizations were obligated by State law to provide
4		to employees. Additionally, it should be presumed that
5		educational employees who signed written membership or dues
6		authorization agreements prior to this time knew and freely
7		accepted the contractual obligations set forth in those
8		agreements. Application of this Section to claims pending on
9		the effective date of this amendatory Act of the 101st General
10		Assembly will preserve, rather than interfere with, important
11		reliance interests. This Section is therefore necessary to
12		provide certainty to educational employers and employee
13		organizations that relied on State law and to avoid disruption
14		of educational labor relations after the United States Supreme
15		Court's decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448
16		(2018).
17		(b) No educational employer or employee organization or any
18		of its employees or agents shall be liable for, and shall have
19		a complete defense to, any claims or actions under the laws of
20		this State for requiring, deducting, receiving, or retaining
21		dues, agency fees, or fair share fees from educational
22		employees, and current or former educational employees shall
23		not have standing to pursue these claims or actions, if the
24		dues or fees were permitted under the laws of this State then
25		in force and paid, through payroll deduction or otherwise,
26		prior to June 27, 2018.

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1		(c) This Section shall apply to claims and actions pending
2		on the effective date of this amendatory Act of the 101st
3		General Assembly, as well to claims and actions on or after
4		that date.
5		(d) This Section is a declaration of existing law and shall
6		not be construed as a new enactment.
7		(115 ILCS 5/14) (from Ch. 48, par. 1714)
8		Sec. 14. Unfair labor practices.
9		(a) Educational employers, their agents or representatives
10		are prohibited from:
11		(1) Interfering, restraining or coercing employees in
12		the exercise of the rights guaranteed under this Act.
13		(2) Dominating or interfering with the formation,
14		existence or administration of any employee organization.
15		(3) Discriminating in regard to hire or tenure of
16		employment or any term or condition of employment to
17		encourage or discourage membership in any employee
18		organization.
19		(4) Discharging or otherwise discriminating against an
20		employee because he or she has signed or filed an
21		affidavit, authorization card, petition or complaint or
22		given any information or testimony under this Act.
23		(5) Refusing to bargain collectively in good faith with
24		an employee representative which is the exclusive
25		representative of employees in an appropriate unit,

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1		including but not limited to the discussing of grievances
2		with the exclusive representative; provided, however, that
3		if an alleged unfair labor practice involves
4		interpretation or application of the terms of a collective
5		bargaining agreement and said agreement contains a
6		grievance and arbitration procedure, the Board may defer
7		the resolution of such dispute to the grievance and
8		arbitration procedure contained in said agreement.
9		(6) Refusing to reduce a collective bargaining
10		agreement to writing and signing such agreement.
11		(7) Violating any of the rules and regulations
12		promulgated by the Board regulating the conduct of
13		representation elections.
14		(8) Refusing to comply with the provisions of a binding
15		arbitration award.
16		(9) Expending or causing the expenditure of public
17		funds to any external agent, individual, firm, agency,
18		partnership or association in any attempt to influence the
19		outcome of representational elections held pursuant to
20		paragraph (c) of Section 7 of this Act; provided, that
21		nothing in this subsection shall be construed to limit an
22		employer's right to be represented on any matter pertaining
23		to unit determinations, unfair labor practice charges or
24		pre-election conferences in any formal or informal
25		proceeding before the Board, or to seek or obtain advice
26		from legal counsel. Nothing in this paragraph shall be

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1		construed to prohibit an employer from expending or causing
2		the expenditure of public funds on, or seeking or obtaining
3		services or advice from, any organization, group or
4		association established by, and including educational or
5		public employers, whether or not covered by this Act, the
6		Illinois Public Labor Relations Act or the public
7		employment labor relations law of any other state or the
8		federal government, provided that such services or advice
9		are generally available to the membership of the
10		organization, group, or association, and are not offered
11		solely in an attempt to influence the outcome of a
12		particular representational election.
13		(10) Interfering with, restraining, coercing,
14		deterring or discouraging educational employees or
15		applicants to be educational employees from: (1) becoming
16		members of an employee organization; (2) authorizing
17		representation by an employee organization; or (3)
18		authorizing dues or fee deductions to an employee
19		organization, nor shall the employer intentionally permit
20		outside third parties to use its email or other
21		communications systems to engage in that conduct. An
22		employer's good faith implementation of a policy to block
23		the use of its email or other communication systems for
24		such purposes shall be defense to an unfair labor practice.
25		(11) Disclosing to any person or entity information set
26		forth in subsection (d) of Section 3 of this Act that the

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1		employer knows or should know will be used to interfere
2		with, restrain, coerce, deter, or discourage any public
3		employee from: (i) becoming or remaining members of a labor
4		organization, (ii) authorizing representation by a labor
5		organization, or (iii) authorizing dues or fee deductions
6		to a labor organization.
7		(b) Employee organizations, their agents or
8		representatives or educational employees are prohibited from:
9		(1) Restraining or coercing employees in the exercise
10		of the rights guaranteed under this Act, provided that a
11		labor organization or its agents shall commit an unfair
12		labor practice under this paragraph in duty of fair
13		representation cases only by intentional misconduct in
14		representing employees under this Act.
15		(2) Restraining or coercing an educational employer in
16		the selection of his representative for the purposes of
17		collective bargaining or the adjustment of grievances.
18		(3) Refusing to bargain collectively in good faith with
19		an educational employer, if they have been designated in
20		accordance with the provisions of this Act as the exclusive
21		representative of employees in an appropriate unit.
22		(4) Violating any of the rules and regulations
23		promulgated by the Board regulating the conduct of
24		representation elections.
25		(5) Refusing to reduce a collective bargaining
26		agreement to writing and signing such agreement.

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1		(6) Refusing to comply with the provisions of a binding
2		arbitration award.
3		(c) The expressing of any views, argument, opinion or the
4		dissemination thereof, whether in written, printed, graphic or
5		visual form, shall not constitute or be evidence of an unfair
6		labor practice under any of the provisions of this Act, if such
7		expression contains no threat of reprisal or force or promise
8		of benefit.
9		(c-5) The employer shall not discourage public employees or
10		applicants to be public employees from becoming or remaining
11		union members or authorizing dues deductions, and shall not
12		otherwise interfere with the relationship between employees
13		and their exclusive bargaining representative. The employer
14		shall refer all inquiries about union membership to the
15		exclusive bargaining representative, except that the employer
16		may communicate with employees regarding payroll processes and
17		procedures. The employer will establish email policies in an
18		effort to prohibit the use of its email system by outside
19		sources.
20		(d) The actions of a Financial Oversight Panel created
21		pursuant to Section 1A-8 of the School Code due to a district
22		violating a financial plan shall not constitute or be evidence
23		of an unfair labor practice under any of the provisions of this
24		Act. Such actions include, but are not limited to, reviewing,
25		approving, or rejecting a school district budget or a
26		collective bargaining agreement.

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1		(Source: P.A. 89-572, eff. 7-30-96.)