HB3290 98TH GENERAL ASSEMBLY

LRB098 08424 JDS 38530 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3290

Introduced , by Rep. Jeanne M Ives

SYNOPSIS AS INTRODUCED:

5 ILCS 315/6.1 new

Amends the Illinois Public Labor Relations Act. Provides that if an employer and an employee organization have entered into a fair share agreement that applies to the employees of a bargaining unit, then the exclusive representative of the employees in that unit shall annually provide, not more than 90 days after the end of the exclusive representative's fiscal year, a financial disclosure report to the Illinois Labor Relations Board, for posting on its internet website, and to each employee of the bargaining unit. Sets forth requirements for the report. Provides that if an exclusive representative fails or refuses to prepare the report for a fiscal year, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments. Provides that if, for a second or subsequent fiscal year, an exclusive representative fails or refuses to prepare the report, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments and an election shall be held to determine whether the labor organization shall continue to be the exclusive representative. Makes these provisions applicable to fair share agreements entered into, modified, or renewed on or after the effective date. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is amended by adding Section 6.1 as follows:

(5 ILCS 315/6.1 new)

Sec. 6.1. Fair share agreement disclosures; refunds.

(a) If an employer and an employee organization enter into a fair share agreement applicable to the employees of a bargaining unit, then the exclusive representative of the employees in that unit shall annually provide, not more than 90 days after the end of the exclusive representative's fiscal year, to the Board for posting on its internet website and to each employee of the bargaining unit, a financial disclosure report containing the following information, detailed by functional spending categories, which accurately discloses the financial condition of the exclusive representative and its operations for the preceding fiscal year:

(1) assets and liabilities at the beginning and end of the fiscal year;

(2) salary, the cost of fringe benefits, allowances, and other direct or indirect disbursements to each officer of the exclusive representative, and support staff, as well as all contributions to State or national affiliates and any official or employee thereof;

(3) all income received or the value of services furnished to an exclusive representative by either a parent affiliated labor organization or by any other labor organization on behalf of the exclusive representative;

(4) an itemization of the total amount spent by the exclusive bargaining representative for:

(A) contract negotiation and administration;

(B) organizing activities;

(C) strike activities;

(D) litigation, specifying the matters and cases involved;

(E) public relations activities;

(F) political activities;

(G) activities attempting to influence the passage or defeat of federal, State, or local legislation or the content or enforcement of federal, State, or local regulations or policies;

(H) voter education and issue advocacy activities;

(I) training activities for each officer of the local bargaining representative or union support staff; and

(J) conference, convention, and travel activities engaged in by exclusive bargaining representatives;

(5) the percentage of the labor organization's total expenditures that were spent for each of the activities described in subparagraphs (A) through (J) of paragraph (4);

(6) the names, addresses and activities of any of the law firms, public relations firms or lobbyists whose services are used by the labor organization for any activity described in subparagraphs (D) through (J) of paragraph (4);

(7) a list of political candidates, political organizations, charitable organizations, nonprofit organizations, and community organizations to which the labor organization contributed financial or in-kind assistance and the dollar amount of such assistance; and

(8) the name and address of any political action committees with which the labor organization is affiliated or to whom it provides contributions, the total amount of contributions to such committees, the candidates or causes to which such committees provided any financial assistance, and the amount provided to each such candidate or cause.

(b) The report required in subsection (a) shall be prepared by an auditing organization, independent of the exclusive representative, using generally accepted auditing standards, and generally accepted accounting principles, which shall ensure the accuracy and veracity of the information provided. All union expenditures shall be reported as either germane to collective bargaining, contract administration, or grievance processing, or not so related.

(c) If an exclusive representative fails or refuses to prepare the report required under this Section for a fiscal year, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments.

(d) If, for a second or subsequent fiscal year, an exclusive representative fails or refuses to prepare the report required under this Section, then the exclusive representative shall immediately refund all fair share payments that it has collected for that fiscal year to the persons who made those payments, and upon the termination of the applicable collective bargaining agreement, an election shall be held pursuant to Section 9 of this Act to determine whether the labor organization shall continue to be the exclusive representative of the bargaining unit.

(e) This Section applies to fair share agreements entered into, modified, or renewed on or after the effective date of this amendatory Act of the 98th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.