Public Act 104-0293
 
HB3309 EnrolledLRB104 12181 SPS 22283 b

    AN ACT concerning education. 
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Educational Labor Relations Act is 
amended by changing Section 3 as follows:
 
    (115 ILCS 5/3)  (from Ch. 48, par. 1703)
    Sec. 3. Employee rights; exclusive representative rights. 
    (a) It shall be lawful for educational employees to 
organize, form, join, or assist in employee organizations or 
engage in lawful concerted activities for the 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. Employers shall 
also provide the State labor organization with a copy of the 
information provided to the exclusive representatives. As used 
in this subsection, "State labor organization" means the 
statewide labor organization with which an exclusive 
representative is affiliated.
        (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. 101-620, eff. 12-20-19.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.