Bill Text: IL HB4148 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Creates the Legislative Employee Labor Relations Act. Authorizes legislative employees to bargain collectively through the representatives of their choosing on questions of wages, hours, and other conditions of employment. Specifies that the General Assembly is not required to bargain on specified matters of inherent managerial policy. Establishes the Office of State Legislative Labor Relations. Directs the Office of State Legislative Labor Relations to manage the interests of the General Assembly in collective bargaining with legislative employees. Grants the State Panel of the Illinois Labor Relations Board jurisdiction over collective bargaining matters between employee organizations and the General Assembly of the State of Illinois. Contains additional provisions concerning the following topics: the duty to bargain collectively; fair-share agreements; grievance procedures; election and recognition of labor organizations as exclusive representatives; unfair labor practices; mediation; fact-finding; exhaustion of nonjudicial remedies; strikes during session periods; and multiyear collective bargaining agreements. Specifies that the Open Meetings Act does not apply to collective bargaining negotiations and grievance arbitration proceedings under the Act. Sets forth definitions. Amends the Criminal Code of 2012, the State Lawsuit Immunity Act, and the Workplace Violence Prevention Act to make conforming changes. Effective July 1, 2026.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Engrossed) 2023-10-26 - Referred to Assignments [HB4148 Detail]

Download: Illinois-2023-HB4148-Engrossed.html

---

HB4148 Engrossed LRB103 34551 JDS 64386 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Legislative Employee Labor Relations Act.
Section 5. Policy. It is the public policy of the State of
Illinois to grant legislative employees full freedom of
association, self-organization, and designation of
representatives of their own choosing for the purpose of
negotiating wages, hours, and other conditions of employment.
It is the purpose of this Act to regulate labor relations
between the General Assembly and legislative employees,
including the designation of employee representatives, the
negotiation of wages, hours, and other conditions of
employment, and the resolution of disputes arising under
collective bargaining agreements.
It is the purpose of this Act to prescribe the legitimate
rights of both legislative employees and the General Assembly,
to protect the public health and safety of the citizens of
Illinois, and to provide peaceful and orderly procedures for
protection of the rights of all.
Section 10. Definitions. As used in this Act:

HB4148 Engrossed - 2 - LRB103 34551 JDS 64386 b
(a) "Board" means the Illinois Labor Relations Board, as
defined in the Illinois Public Labor Relations Act, or, with
respect to a matter over which the jurisdiction of the Board is
assigned to the State Panel under Section 20, the State Panel.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 35 and
which are not excluded by Section 15.
(c) "Confidential employee" means an employee who, in the
regular course of the employee's duties:
(1) assists and acts in a confidential capacity to
persons who formulate, determine, and effectuate
management policies with regard to labor relations; or
(2) has authorized access to information relating to
the effectuation or review of the collective bargaining
policies of the General Assembly.
Determinations of confidential employee status shall be
based on actual employee job duties and not solely on written
job descriptions.
(d) "District office employee" means any employee employed
by a representative or senator and paid out of the office
allowance that is provided to the representative or senator
under Section 4 of the General Assembly Compensation Act.
(e) "Excluded employee" means an employee involved in
negotiating legislation, formulating policies concerning
legislation, making decisions regarding legislative matters,

HB4148 Engrossed - 3 - LRB103 34551 JDS 64386 b
negotiating rulemaking, formulating policies concerning
rulemaking, or making decisions regarding rulemaking.
(f) "Exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of legislative employees in an
appropriate bargaining unit in accordance with the procedures
contained in this Act or (ii) recognized by the Office of State
Legislative Labor Relations upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the legislative
employees in an appropriate bargaining unit.
(g) (Reserved).
(h) "General Assembly" or "General Assembly of the State
of Illinois" means the legislative branch of the government of
the State of Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes, but is
not limited to, the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services, and any legislative support
services agency.
(i) "Joint Committee" or "Joint Committee on Legislative
Support Services" means the Joint Committee on Legislative
Support Services created under Section 1-2 of the Legislative
Commission Reorganization Act of 1984.

HB4148 Engrossed - 4 - LRB103 34551 JDS 64386 b
(j) "Labor organization" means any organization in which
legislative employees participate and that exists for the
purpose, in whole or in part, of dealing with the Office of
State Legislative Labor Relations on behalf of the General
Assembly concerning wages, hours, and other terms and
conditions of employment, including the settlement of
grievances.
(k) "Legislative employee" means any employee of the
General Assembly of the State of Illinois. Except to the
extent otherwise excluded under this subsection (k),
"legislative employee" includes research and appropriations
employees, legislative affairs employees, legal employees,
communications employees, clerk's office employees, district
office employees, and employees employed by a legislative
support services agency. "Legislative employee" does not
include a member of the General Assembly of the State of
Illinois; the chief of staff, deputy chief of staff, or chief
legal counsel for the President of the Senate, the Minority
Leader of the Senate, the Speaker of the House of
Representatives, or the Minority Leader of the House of
Representatives; the Secretary of the Senate; the Assistant
Secretary of the Senate; the Clerk of the House of
Representatives; the Assistant Clerk of the House of
Representatives; the Legislative Inspector General; an
employee of the Office of the Legislative Inspector General;
the Director or any employee of the Office of State

HB4148 Engrossed - 5 - LRB103 34551 JDS 64386 b
Legislative Labor Relations; the commissioners or employees of
the Legislative Ethics Commission; the executive director,
deputy director, supervising attorney, principal attorney, or
chief fiscal officer of a legislative support services agency;
a district office chief of staff, a district office deputy
chief of staff, or an individual in a district office
employment position that is functionally equivalent to a
district office chief of staff or a district office deputy
chief of staff, as designated by the representative or
senator; a confidential employee; a contractual employee; a
managerial employee; a short-term employee; a supervisor; a
temporary employee; or an excluded employee.
(l) "Legislative support services agency" means the
Commission on Government Forecasting and Accountability, the
Joint Committee on Administrative Rules, the Legislative Audit
Commission, the Legislative Information System, the
Legislative Printing Unit, and the Legislative Reference
Bureau.
(m) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
Determination of managerial employee status shall be based on
actual employee job duties and not solely on written job
descriptions. Nothing in this definition prohibits an
individual from also meeting the definition of "supervisor"

HB4148 Engrossed - 6 - LRB103 34551 JDS 64386 b
under subsection (q) of this Section.
(n) "Office of State Legislative Labor Relations" means
the Office of State Legislative Labor Relations that is
created under Section 25 of this Act and that is responsible
for representing and otherwise managing the interests of the
General Assembly in collective bargaining with legislative
employees.
(o) "Person" includes one or more individuals, labor
organizations, legislative employees, associations,
corporations, legal representatives, trustees, trustees in
bankruptcy, receivers, or the State of Illinois or any
political subdivision of the State, including the General
Assembly of the State of Illinois or any individual employed
by the General Assembly of the State of Illinois.
(p) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine

HB4148 Engrossed - 7 - LRB103 34551 JDS 64386 b
mental, manual, or physical processes; or any employee who has
completed the courses of specialized intellectual instruction
and study prescribed in this subsection (p) and is performing
related work under the supervision of a professional person to
qualify to become a professional employee as defined in this
subsection (p).
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance of
being rehired by the same employing entity of the General
Assembly for the same service in a subsequent calendar year.
(r) "Supervisor" means an employee whose principal work is
substantially different from that of the employee's
subordinates and who has authority, in the interest of the
General Assembly, to hire, transfer, suspend, lay off, recall,
promote, discharge, direct, reward, or discipline employees,
to adjust their grievances, or to effectively recommend any of
those actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the consistent
use of independent judgment. The term "supervisor" includes
only those individuals who devote a preponderance of their
employment time to exercising that authority. Determinations
of supervisor status shall be based on actual employee job
duties and not solely on written job descriptions. Nothing in
this definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (m) of

HB4148 Engrossed - 8 - LRB103 34551 JDS 64386 b
this Section.
(s) "Unit" means a class of jobs or positions that are held
by legislative employees whose collective interests may
suitably be represented by a labor organization for collective
bargaining. A bargaining unit determined by the Board shall
not include (i) supervisors only or (ii) both employees and
supervisors. Legislative employees who are partisan employees
or legislative secretaries (other than district office
employees) and whose ultimate jurisdictional authority under
the State Officials and Employees Ethics Act is the President
of the Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, or the Minority Leader of the
House of Representatives shall comprise one unit, regardless
of their political affiliation. Legislative employees who are
nonpartisan employees and whose ultimate jurisdictional
authority under the State Officials and Employees Ethics Act
is the Senate Operations Commission or the Speaker of the
House of Representatives shall comprise one unit. Legislative
employees who are district office employees shall comprise one
unit, regardless of their political affiliation.
Section 15. Management rights. The General Assembly shall
not be required to bargain over matters of inherent managerial
policy, which shall include such areas of discretion or policy
as the following matters: the functions of the General
Assembly, standards of services, the General Assembly's

HB4148 Engrossed - 9 - LRB103 34551 JDS 64386 b
overall budget, the organizational structure and selection of
new employees, examination techniques, and direction of
employees.
The General Assembly shall not be required to bargain over
any one or more of the following topics: (i) matters relating
to qualifications and elections of senators or
representatives; (ii) matters relating to the House of
Representatives or Senate choosing members of leadership,
committee chairs, or officers; (iii) matters related to the
House of Representatives or Senate adopting rules; (iv)
matters relating to establishing committees; (v) matters
related to considering and enacting legislation; (vi) matters
related to exercising the legislative power of the State;
(vii) matters relating to legislative calendars, schedules,
and deadlines for the House of Representatives or Senate; or
(viii) laws, rules, policies, or procedures regarding ethics
or conflicts of interest.
The General Assembly, however, shall be required to
bargain collectively with regard to policy matters directly
affecting wages, hours, and terms and conditions of
employment, as well as the impact thereon upon request by
legislative employee representatives.
Notwithstanding any other provision of this Act, each
employing entity of the General Assembly has the sole and
exclusive authority to designate one-third of its collective
employee positions as confidential employees, managerial

HB4148 Engrossed - 10 - LRB103 34551 JDS 64386 b
employees, supervisors, or excluded employees. The one-third
of employee positions shall be calculated based on the total
number of employee positions and not the number of employees
at a given time. Nothing in this Section shall preclude the
Board from exercising its discretion to designate additional
employees as confidential employees, managerial employees,
supervisors, or excluded employees.
For purposes of collective bargaining under this Act, a
legislative employee employed by the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, or a legislative employee that is a
district office employee under Section 10 is employed by the
individual occupying such elected position. Upon any change in
a person occupying such an elected position, the newly elected
person has the sole and exclusive authority to act with
respect to employment decisions, such as hiring, promotion,
renewal of employment, or discharge. No collective bargaining
agreement may include a provision that prohibits a newly
elected person from exercising that person's rights under this
subsection with respect to the elected person's sole and
exclusive authority to make employment decisions for the
office.
Section 20. Illinois Labor Relations Board.
(a) The State Panel of the Illinois Labor Relations Board

HB4148 Engrossed - 11 - LRB103 34551 JDS 64386 b
established under Section 5 of the Illinois Public Labor
Relations Act has jurisdiction over collective bargaining
matters between employee organizations and the General
Assembly of the State of Illinois under this Act.
(b) To accomplish the objectives and carry out the duties
prescribed by this Act, the State Panel may hold elections to
determine whether a labor organization has majority status;
investigate and attempt to resolve or settle charges of unfair
labor practices; hold hearings in order to carry out its
functions; develop and effectuate appropriate impasse
resolution procedures for purposes of resolving labor
disputes; and administer oaths and affirmations. The State
Panel shall sign and report in full an opinion in every case
that it decides.
Section 25. Office of State Legislative Labor Relations.
(a) The Office of State Legislative Labor Relations is
hereby created and shall be responsible for representing and
otherwise managing the interests of the General Assembly in
collective bargaining between the General Assembly and
legislative employees.
(b) The Joint Committee on Legislative Support Services
shall appoint the Director of the Office of State Legislative
Labor Relations within 60 days after the effective date of
this Section and within 60 days after any subsequent vacancy
in that office.

HB4148 Engrossed - 12 - LRB103 34551 JDS 64386 b
(c) The Director of the Office of State Legislative Labor
Relations shall be appointed for a 4-year term and until a
successor is appointed and qualified. The Director and other
employees of the Office of State Legislative Labor Relations
shall not be subject to the Personnel Code.
(d) The Director of the Office of State Legislative Labor
Relations shall:
(1) conduct negotiations on behalf of the General
Assembly with legislative employees and their exclusive
representative or delegate that negotiating authority to a
designee of the Director's choosing;
(2) be authorized to employ, fix the compensation, and
prescribe the duties of negotiators, attorneys, and any
other necessary professional, technical, and secretarial
employees of the Office of State Legislative Labor
Relations;
(3) sign contracts;
(4) issue vouchers for the payment of obligations
pursuant to rules adopted by the Joint Committee on
Legislative Support Services; and
(5) receive a salary as fixed by the Joint Committee.
Section 30. Right to organize and bargain collectively;
exclusive representation; fair-share arrangements.
(a) Legislative employees have, and are protected in the
exercise of, the right of self-organization, and they may

HB4148 Engrossed - 13 - LRB103 34551 JDS 64386 b
form, join, or assist any labor organization, to bargain
collectively through representatives of their own choosing on
questions of wages, hours, and other conditions of employment,
not excluded by Section 15, and to engage in other concerted
activities not otherwise prohibited by law for the purposes of
collective bargaining or other mutual aid or protection, free
from interference, restraint, or coercion. Legislative
employees also have, and are protected in the exercise of, the
right to refrain from participating in any such concerted
activities.
(b) Nothing in this Act prevents a legislative employee
from presenting a grievance to the Office of State Legislative
Labor Relations and having the grievance heard and settled
without the intervention of an employee organization; provided
that the exclusive bargaining representative is afforded the
opportunity to be present at such conference and that any
settlement made shall not be inconsistent with the terms of
any agreement in effect between the General Assembly and the
exclusive bargaining representative.
(c) A labor organization designated by the Board as the
representative of the majority of legislative employees in an
appropriate unit in accordance with the procedures provided in
this Act or recognized by the Office of State Legislative
Labor Relations as the representative of the majority of
legislative employees in an appropriate unit is the exclusive
representative for the employees of such unit for the purpose

HB4148 Engrossed - 14 - LRB103 34551 JDS 64386 b
of collective bargaining with respect to rates of pay, wages,
hours, and other conditions of employment not excluded by
Section 15. Unless otherwise mutually agreed, the Office of
State Legislative Labor Relations is required at least once
each month and upon request, to furnish the exclusive
bargaining representative with a complete list of the names
and addresses of the legislative employees in the bargaining
unit, provided that the Office of State Legislative Labor
Relations shall not be required to furnish such a list more
than once per payroll period. The exclusive bargaining
representative shall use the list exclusively for bargaining
representation purposes and shall not disclose any information
contained in the list for any other purpose. Nothing in this
Section, however, prohibits a bargaining representative from
disseminating a list of its union members.
At the time the Office of State Legislative Labor
Relations provides such list, it shall also provide to the
exclusive representative, in a spreadsheet file or other
mutually agreed upon editable digital file format, the
employee's job title, work site, work telephone numbers,
identification number, if available, and any home and personal
cellular telephone numbers on file with the Office of State
Legislative Labor Relations, date of hire, work email address,
and any personal email address on file with the Office of State
Legislative Labor Relations. In addition, unless otherwise
mutually agreed, within 10 calendar days from the date of hire

HB4148 Engrossed - 15 - LRB103 34551 JDS 64386 b
of a bargaining unit employee, the Office of State Legislative
Labor Relations shall provide to the exclusive representative,
in an electronic file or other mutually agreed upon format,
the following information about the new employee: the
employee's name, job title, work site, home address, work
telephone numbers, and any home and personal cellular
telephone numbers on file with the Office of State Legislative
Labor Relations, date of hire, work email address, and any
personal email address on file with the Office of State
Legislative Labor Relations.
(d) The Office of State Legislative Labor Relations shall
not disclose the following information about any legislative
employee, except as provided in subsection (c): (1) the
legislative employee's home address (including ZIP code and
county); (2) the legislative employee's date of birth; (3) the
legislative employee's home and personal phone number; (4) the
legislative employee's personal email address; (5) any
information personally identifying employee membership or
membership status in a labor organization or other voluntary
association affiliated with a labor organization or a labor
federation (including whether employees are members of such
organization, the identity of such organization, whether or
not employees pay or authorize the payment of any dues or
moneys to such organization, and the amounts of such dues or
moneys); and (6) emails or other communications between a
labor organization and its members.

HB4148 Engrossed - 16 - LRB103 34551 JDS 64386 b
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 Office of State
Legislative Labor Relations must provide a written copy of the
request, or a written summary of any oral request, to the
exclusive bargaining representative of the legislative
employee or, if no such representative exists, to the
legislative employee. The Office of State Legislative Labor
Relations must also provide a copy of any response it has made
within 5 business days of sending the response to any request.
If the Office of State Legislative Labor Relations
discloses information in violation of this subsection (d), an
aggrieved legislative employee or the legislative employee's
exclusive bargaining representative may file an unfair labor
practice charge with the Illinois Labor Relations Board
pursuant to Section 50 or commence an action in the circuit
court to enforce the provisions of this Act, including actions
to compel compliance, if the Office of State Legislative Labor
Relations 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 Office of State Legislative Labor
Relations 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

HB4148 Engrossed - 17 - LRB103 34551 JDS 64386 b
conducting public operations or business, or (iii) to the
exclusive representative.
(e) On behalf of the General Assembly, the Office of State
Legislative Labor Relations shall provide to exclusive
representatives, including their agents and employees,
reasonable access to legislative employees in the bargaining
units they represent. This access shall at all times be
conducted in a manner so as not to impede normal operations.
(1) Access includes the following:
(A) the right to meet with one or more employees on
the premises of the General Assembly, including, but
not limited to, the legislative complex or a district
office, during the workday 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 work site meetings during
lunch and other non-work breaks, and before and after
the workday, on the premises of the General Assembly,
including, but not limited to, the legislative complex
or a district office, 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

HB4148 Engrossed - 18 - LRB103 34551 JDS 64386 b
leave time of employees or agents of the exclusive
representative;
(C) the right to meet with newly hired legislative
employees, without charge to pay or leave time of the
employees or agents of the exclusive representative,
on the premises of the General Assembly, including,
but not limited to, the legislative complex or a
district office, or at a location mutually agreed to
by the Office of State Legislative Labor Relations and
exclusive representative for up to one hour either
within the first 2 weeks of employment in the
bargaining unit or at a later date and time if mutually
agreed upon by the Office of State Legislative Labor
Relations and the exclusive representative; and
(D) the right to use the facility mailboxes and
bulletin boards on the premises of the General
Assembly, including, but not limited to, the
legislative complex or district office, to communicate
with bargaining unit employees regarding collective
bargaining negotiations, the administration of
collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and
issues, and internal matters involving the governance
or business of the exclusive representative.
(2) Nothing in this Section prohibits the Office of
State Legislative Labor Relations and exclusive

HB4148 Engrossed - 19 - LRB103 34551 JDS 64386 b
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 General Assembly's email system.
(f) A labor organization recognized by the Office of State
Legislative Labor Relations as the exclusive representative or
so designated in accordance with the provisions of this Act is
responsible for representing the interests of all legislative
employees in the unit. Nothing in this Act shall be construed
to limit an exclusive representative's right to exercise its
discretion to refuse to process grievances of legislative
employees that are unmeritorious.
(g) The General Assembly shall make payroll deductions of
labor organization dues, initiation fees, assessments, and
other payments for a labor organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of a legislative employee's written
authorization, and shall be paid to the exclusive
representative. Written authorization may be evidenced by
electronic communications, and such writing or communication
may be evidenced by the electronic signature of the
legislative employee as provided under Section 5-120 of the
Uniform Electronic Transactions Act.
There is no impediment to a legislative employee's right
to resign union membership at any time. However,
notwithstanding any other provision of law to the contrary

HB4148 Engrossed - 20 - LRB103 34551 JDS 64386 b
regarding authorization and deduction of dues or other
payments to a labor organization, the exclusive representative
and a legislative employee may agree to reasonable limits on
the right of the employee to revoke such authorization,
including a period of irrevocability that exceeds one year. An
authorization that is irrevocable for one year, which may be
automatically renewed for successive annual periods in
accordance with the terms of the authorization, and that
contains at least an annual 10-day period of time during which
the legislative employee may revoke the authorization, shall
be deemed reasonable.
This Section applies to all claims that allege that a
labor organization or the General Assembly has improperly
deducted or collected dues from a legislative employee without
regard to whether the claims or the facts upon which they are
based occurred before, on, or after the effective date of this
Act.
(h) If a collective bargaining agreement is terminated or
continues in effect beyond its scheduled expiration date
pending the negotiation of a successor agreement, the General
Assembly shall continue to honor and abide by any dues
deduction clause contained therein until a new agreement is
reached including dues deduction clause. For the benefit of
any successor exclusive representative certified under this
Act, this provision applies if the successor exclusive
representative presents the General Assembly with employee

HB4148 Engrossed - 21 - LRB103 34551 JDS 64386 b
written authorization for the deduction of dues, assessments,
and fees under this subsection.
Failure to so honor and abide by dues deduction clauses
for the benefit of any exclusive representative, including a
successor, is a violation of the duty to bargain and an unfair
labor practice.
(i) Upon receiving written notice of authorization, the
employing entity of the General Assembly must commence dues
deductions as soon as practicable but in no case later than 30
days after receiving notice from the labor organization.
Employee deductions shall be transmitted to the labor
organization no later than 30 days after they are deducted
unless a shorter period is mutually agreed to.
(j) Deductions shall remain in effect until:
(1) the General Assembly receives notice that a
legislative employee has revoked the employee's
authorization in writing in accordance with the terms of
the authorization; or
(2) the individual employee is no longer employed by
the General Assembly in a bargaining unit position
represented by the same exclusive representative, provided
that if the legislative employee is, within a period of
one year, employed by the General Assembly in a position
represented by the same labor organization, the right to
dues deduction shall be automatically reinstated.
Nothing in this subsection prevents an employee from

HB4148 Engrossed - 22 - LRB103 34551 JDS 64386 b
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
such deduction.
If the individual employee who has signed a dues deduction
authorization card is either removed from the General
Assembly's payroll or otherwise placed on any type of
involuntary or voluntary leave of absence, whether paid or
unpaid, the legislative employee's dues deduction shall be
continued upon that employee's return to the payroll in a
bargaining unit position represented by the same exclusive
representative or restoration to active duty from such a leave
of absence.
(k) Unless otherwise mutually agreed by the Office of
State Legislative Labor Relations and the exclusive
representative, employee requests to authorize, revoke,
cancel, or change authorizations for payroll deductions for
labor organizations shall be directed to the labor
organization rather than to the Office of State Legislative
Labor Relations or the General Assembly. The labor
organization shall be responsible for initially processing and
notifying the Office of State Legislative Labor Relations of
proper requests or providing proper requests to the Office of
State Legislative Labor Relations. If the requests are not
provided to the Office of State Legislative Labor Relations,
the Office of State Legislative Labor Relations shall rely on
information provided by the labor organization regarding

HB4148 Engrossed - 23 - LRB103 34551 JDS 64386 b
whether deductions for a labor organization were properly
authorized, revoked, canceled, or changed, and the labor
organization shall indemnify the General Assembly and the
Office of State Legislative Labor Relations for any damages
and reasonable costs incurred for any claims made by employees
for deductions made in good faith reliance on that
information.
(l) Upon receipt by the exclusive representative of an
appropriate written authorization from a legislative employee,
written notice of authorization shall be provided to the
Office of State Legislative Labor Relations and any authorized
deductions shall be made in accordance with law by the
employing entity of the General Assembly following receipt of
a copy of the notice. The labor organization shall indemnify
the General Assembly and the Office of State Legislative Labor
Relations for any damages and reasonable costs incurred for
any claims made by employees for deductions made in good faith
reliance on its notification.
(m) The failure of an employing entity of the General
Assembly or the Office of State Legislative Labor Relations to
comply with the provisions of this Section is a violation of
the duty to bargain and an unfair labor practice. Relief for
the violation shall be reimbursement by the General Assembly
of dues that should have been deducted or paid based on a valid
authorization given by the employee or employees. In addition,
the provisions of a collective bargaining agreement that

HB4148 Engrossed - 24 - LRB103 34551 JDS 64386 b
contain the obligations set forth in this Section may be
enforced in accordance with Sections 40 and 80.
(n) The Illinois Labor Relations Board shall have
exclusive jurisdiction over claims under Illinois law that
allege that a labor organization has unlawfully collected dues
from a legislative employee in violation of this Act. The
Board shall, by rule, require that in cases in which a
legislative employee alleges that a labor organization has
unlawfully collected dues, the employing entity of the General
Assembly shall continue to deduct the employee's dues from the
employee's pay, but shall transmit the dues to the Board for
deposit in an escrow account maintained by the Board. If the
exclusive representative maintains an escrow account for the
purpose of holding dues to which an employee has objected, the
employing entity of the General Assembly shall transmit the
entire amount of dues to the exclusive representative, and the
exclusive representative shall hold in escrow the dues that
the employing entity would otherwise have been required to
transmit to the Board for escrow; provided that the escrow
account maintained by the exclusive representative complies
with rules adopted by the Board or that the collective
bargaining agreement requiring the payment of the dues
contains an indemnification provision for the purpose of
indemnifying the General Assembly and the Office of State
Legislative Labor Relations with respect to their transmission
of dues to the exclusive representative.

HB4148 Engrossed - 25 - LRB103 34551 JDS 64386 b
(o) If any clause, sentence, paragraph, or subparagraph of
this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subparagraph of this Section directly
involved in the controversy in which that judgment shall have
been rendered.
If any clause, sentence, paragraph, or part of a signed
authorization for payroll deductions shall be adjudged by a
court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but
shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which that judgment shall have
been rendered.
Section 35. Duty to bargain. The Office of State
Legislative Labor Relations and the exclusive representative
have the authority and the duty to bargain collectively as set
forth in this Section.
As used in this Act, "to bargain collectively" means the
performance of the mutual obligation of the Office of State
Legislative Labor Relations and the representative of the
legislative employees to meet at reasonable times, including

HB4148 Engrossed - 26 - LRB103 34551 JDS 64386 b
meetings in advance of the budget-making process, and to
negotiate in good faith with respect to wages, hours, and
other conditions of employment, not excluded by Section 15, or
the negotiation of an agreement, or any question arising
thereunder and the execution of a written contract
incorporating any agreement reached if requested by either
party, but such obligation does not compel either party to
agree to a proposal or require the making of a concession.
The duty "to bargain collectively" also includes an
obligation to negotiate over any matter with respect to wages,
hours, and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours, and other
conditions of employment, such other law shall not be
construed as limiting the duty "to bargain collectively" and
to enter into collective bargaining agreements containing
clauses that either supplement, implement, or relate to the
effect of such provisions in other laws.
The duty "to bargain collectively" also includes
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to
agree upon wages, hours, and terms and conditions of
employment to be included in a collective bargaining
agreement. Such arbitration provisions shall be subject to the

HB4148 Engrossed - 27 - LRB103 34551 JDS 64386 b
Uniform Arbitration Act unless agreed by the parties.
The duty "to bargain collectively" also means that no
party to a collective bargaining agreement shall terminate or
modify such contract, unless the party desiring such
termination or modification:
(1) serves a written notice upon the other party to
the contract of the proposed termination or modification
60 days prior to the expiration date thereof, or in the
event such contract contains no expiration date, 60 days
prior to the time it is proposed to make such termination
or modification;
(2) offers to meet and confer with the other party for
the purpose of negotiating a new contract or a contract
containing the proposed modifications;
(3) notifies the Board within 30 days after such
notice of the existence of a dispute, provided no
agreement has been reached by that time; and
(4) continues in full force and effect, without
resorting to strike or lockout, all the terms and
conditions of the existing contract for a period of 60
days after such notice is given to the other party or until
the expiration date of such contract, whichever occurs
later.
The duties imposed by paragraphs (2), (3), and (4) shall
become inapplicable upon an intervening certification of the
Board, under which the labor organization, which is a party to

HB4148 Engrossed - 28 - LRB103 34551 JDS 64386 b
the contract, has been superseded as or ceased to be the
exclusive representative of the employees pursuant to the
provisions of subsection (a) of Section 45, and the duties so
imposed shall not be construed as requiring either party to
discuss or agree to any modification of the terms and
conditions contained in a contract for a fixed period, if such
modification is to become effective before such terms and
conditions can be reopened under the provisions of the
contract.
Section 40. Grievance Procedure. A collective bargaining
agreement negotiated between the Office of State Legislative
Labor Relations and the exclusive representative shall contain
a grievance resolution procedure that shall apply to all
legislative employees in the bargaining unit and shall provide
for final and binding arbitration of disputes concerning the
administration or interpretation of the agreement unless
mutually agreed otherwise. Any agreement containing a final
and binding arbitration provision shall also contain a
provision prohibiting strikes for the duration of the
agreement. The grievance and arbitration provisions of any
collective bargaining agreement shall be subject to the
Uniform Arbitration Act. The costs of such arbitration shall
be borne equally by the Office of State Legislative Labor
Relations and the employee organization.

HB4148 Engrossed - 29 - LRB103 34551 JDS 64386 b
Section 45. Elections; recognition.
(a) Whenever in accordance with such regulations as may be
prescribed by the Board a petition has been filed:
(1) by a legislative employee or group of legislative
employees or any labor organization acting on their
behalf, demonstrating that 30% of the legislative
employees in an appropriate unit (A) wish to be
represented for the purposes of collective bargaining by a
labor organization as exclusive representative or (B)
asserting that the labor organization that has been
certified or is currently recognized by the Office of
State Legislative Labor Relations as bargaining
representative is no longer the representative of the
majority of legislative employees in the unit; or
(2) by the Office of State Legislative Labor Relations
on behalf of the General Assembly alleging that one or
more labor organizations have presented to it a claim that
they be recognized as the representative of a majority of
the legislative employees in an appropriate unit, the
Board shall investigate such petition, and if it has
reasonable cause to believe that a question of
representation exists, shall provide for an appropriate
hearing upon due notice. Such hearing shall be held at the
offices of the Board or such other location as the Board
deems appropriate. If the Board finds upon the record of
the hearing that a question of representation exists, it

HB4148 Engrossed - 30 - LRB103 34551 JDS 64386 b
shall direct an election in accordance with subsection (d)
of this Section, which election shall be held not later
than 120 days after the date the petition was filed
regardless of whether that petition was filed before or
after the effective date of this Act; however, the Board
may extend the time for holding an election by an
additional 60 days if, upon motion by a person who has
filed a petition under this Section or is the subject of a
petition filed under this Section and is a party to such
hearing, or upon the Board's own motion, the Board finds
that good cause has been shown for extending the election
date. Nothing in this Section prohibits the Board, in its
discretion, from extending the time for holding an
election for so long as may be necessary under the
circumstances, where the purpose for such extension is to
permit resolution by the Board of an unfair labor practice
charge filed by one of the parties to a representational
proceeding against the other based upon conduct that may
either affect the existence of a question concerning
representation or have a tendency to interfere with a fair
and free election, where the party filing the charge has
not filed a request to proceed with the election; and
provided further that prior to the expiration of the total
time allotted for holding an election, a person who has
filed a petition under this Section or is the subject of a
petition filed under this Section and is a party to such

HB4148 Engrossed - 31 - LRB103 34551 JDS 64386 b
hearing or the Board, may move for and obtain the entry of
an order in the circuit court of the county in which the
majority of the legislative employees sought to be
represented by such person reside, such order extending
the date upon which the election shall be held. Such order
shall be issued by the circuit court only upon a judicial
finding that there has been a sufficient showing that
there is good cause to extend the election date beyond
such period and shall require the Board to hold the
election as soon as is feasible given the totality of the
circumstances. Such 120-day period may be extended one or
more times by the agreement of all parties to the hearing
to a date certain without the necessity of obtaining a
court order. The showing of interest in support of a
petition filed under paragraph (1) of this subsection (a)
may be evidenced by electronic communications, and such
writing or communication may be evidenced by the
electronic signature of the employee as provided under
Section 5-120 of the Electronic Commerce Security Act. The
showing of interest shall be valid only if signed within
12 months prior to the filing of the petition. Nothing in
this Section prohibits the waiving of hearings by
stipulation for the purpose of a consent election in
conformity with the rules of the Board or an election in a
unit agreed upon by the parties. Other interested employee
organizations may intervene in the proceedings in the

HB4148 Engrossed - 32 - LRB103 34551 JDS 64386 b
manner and within the time period specified by rules of
the Board. Interested parties who are necessary to the
proceedings may also intervene in the proceedings in the
manner and within the time period specified by the rules
of the Board.
(b) A labor organization or the Office of State
Legislative Labor Relations on behalf of the General Assembly
may file a unit clarification petition seeking to clarify an
existing bargaining unit. Unit clarification petitions may be
filed if: (1) substantial changes occur in the duties and
functions of an existing job title, raising an issue as to the
title's unit placement; (2) an existing job title that is
logically encompassed within the existing unit was
inadvertently excluded by the parties at the time the unit was
established; (3) a newly created job title is logically
encompassed within an existing unit; (4) a significant change
takes place in statutory or case law that affects the
bargaining rights of employees; (5) a determination needs to
be made as to the unit placement of positions in dispute
following a certification of representative issued following a
direction of election under subsection (d); (6) the parties
have agreed to eliminate a position or title because the
General Assembly no longer uses it; (7) the parties have
agreed to exclude some of the positions in a title or
classification from a bargaining unit and include others; or
(8) as prescribed in rules set by the Board. The Board shall

HB4148 Engrossed - 33 - LRB103 34551 JDS 64386 b
conclude its investigation, including any hearing process
deemed necessary, and issue a certification of clarified unit
or dismiss the petition not later than 120 days after the date
the petition was filed. The 120-day period may be extended one
or more times by the agreement of all parties to a hearing to a
date certain.
(c) The Board shall decide in each case, in order to assure
legislative employees the fullest freedom in exercising the
rights guaranteed by this Act, a unit appropriate for the
purpose of collective bargaining, based upon, but not limited
to, such factors as: historical pattern of recognition;
community of interest including employee skills and functions;
degree of functional integration; interchangeability and
contact among employees; fragmentation of employee groups;
common supervision, wages, hours, and other working conditions
of the employees involved; and the desires of the employees.
For purposes of this subsection, fragmentation shall not be
the sole or predominant factor used by the Board in
determining an appropriate bargaining unit. A single
bargaining unit determined by the Board may not include both
supervisors and nonsupervisors.
In cases involving a historical pattern of recognition,
and in cases where the General Assembly has recognized the
union as the sole and exclusive bargaining agent for a
specified existing unit, the Board shall find the employees in
the unit then represented by the union pursuant to the

HB4148 Engrossed - 34 - LRB103 34551 JDS 64386 b
recognition to be the appropriate unit.
The Board shall not decide that any unit is appropriate if
such unit includes both professional employees and
nonprofessional employees, unless a majority of each group
votes for inclusion in such unit.
(d) If the Office of State Legislative Labor Relations
does not voluntarily recognize a labor organization as the
exclusive bargaining representative for a unit of legislative
employees, the Board shall determine the majority
representative of the legislative employees in an appropriate
collective bargaining unit by conducting a secret ballot
election. Such a secret ballot election may be conducted
electronically, using an electronic voting system, in addition
to paper ballot voting systems. Within 7 days after the Board
issues its bargaining unit determination and direction of
election or the execution of a stipulation for the purpose of a
consent election, the Office of State Legislative Labor
Relations shall submit to the labor organization the complete
names and addresses of those employees who are determined by
the Board to be eligible to participate in the election. When
the Board has determined that a labor organization has been
fairly and freely chosen by a majority of legislative
employees in an appropriate unit, it shall certify such
organization as the exclusive representative. If the Board
determines that a majority of employees in an appropriate unit
has fairly and freely chosen not to be represented by a labor

HB4148 Engrossed - 35 - LRB103 34551 JDS 64386 b
organization, it shall so certify. The Board may also revoke
the certification of the legislative employee organizations as
exclusive bargaining representatives which have been found by
a secret ballot election to be no longer the majority
representative.
(e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a
valid election has been held in the preceding 12-month period.
The Board shall determine who is eligible to vote in an
election and shall establish rules governing the conduct of
the election or conduct affecting the results of the election.
The Board shall include on a ballot in a representation
election a choice of "no representation". A labor organization
currently representing the bargaining unit of legislative
employees shall be placed on the ballot in any representation
election. In any election where none of the choices on the
ballot receives a majority, a runoff election shall be
conducted between the 2 choices receiving the largest number
of valid votes cast in the election. A labor organization
which receives a majority of the votes cast in an election
shall be certified by the Board as exclusive representative of
all legislative employees in the unit.
(f) A labor organization shall be designated as the
exclusive representative by the Office of State Legislative
Labor Relations on behalf of the General Assembly, provided
that the labor organization represents a majority of the

HB4148 Engrossed - 36 - LRB103 34551 JDS 64386 b
legislative employees in an appropriate unit. Any employee
organization that is designated or selected by the majority of
legislative employees, in a unit of the General Assembly
having no other recognized or certified representative, as
their representative for purposes of collective bargaining may
request recognition by the Office of State Legislative Labor
Relations on behalf of the General Assembly in writing. The
Office of State Legislative Labor Relations on behalf of the
General Assembly shall post such request for a period of at
least 20 days following its receipt thereof on bulletin boards
or other places used or reserved for employee notices.
(g) Within the 20-day period any other interested employee
organization may petition the Board in the manner specified by
rules of the Board, provided that such interested employee
organization has been designated by at least 10% of the
employees in an appropriate bargaining unit which includes all
or some of the employees in the unit recognized by the Office
of State Legislative Labor Relations. In such event, the Board
shall proceed with the petition in the same manner as provided
by paragraph (1) of subsection (a) of this Section.
(h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an
election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further
refine, by rule or decision, the implementation of this

HB4148 Engrossed - 37 - LRB103 34551 JDS 64386 b
provision. Where more than 4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the end
of the fifth year of such an agreement, and between 90 and 60
days prior to the end of each successive year of such
agreement.
(i) An order of the Board dismissing a representation
petition, determining and certifying that a labor organization
has been fairly and freely chosen by a majority of employees in
an appropriate bargaining unit, or determining and certifying
that a labor organization has not been fairly and freely
chosen by a majority of employees in the bargaining unit is a
final order. Any person aggrieved by any such order issued on
or after the effective date of this Act may apply for and
obtain judicial review in accordance with the Administrative
Review Law, as now or hereafter amended, except that such
review shall be afforded directly in the Appellate Court for
the district in which the aggrieved party resides or transacts
business. Any direct appeal to the Appellate Court shall be
filed within 35 days from the date that a copy of the decision
sought to be reviewed was served upon the party affected by the
decision.
Section 50. Unfair labor practices.
(a) It is an unfair labor practice for the General

HB4148 Engrossed - 38 - LRB103 34551 JDS 64386 b
Assembly or its agents, including, but not limited to, the
Office of State Legislative Labor Relations:
(1) to interfere with, restrain, or coerce legislative
employees in the exercise of the rights guaranteed in this
Act or to dominate or interfere with the formation,
existence, or administration of any labor organization or
contribute financial or other support to it; provided, the
General Assembly shall not be prohibited from permitting
employees to confer with their exclusive bargaining
representative during working hours without loss of time
or pay;
(2) to discriminate in regard to hire or tenure of
employment or any term or condition of employment in order
to encourage or discourage membership in or other support
for any labor organization;
(3) to discharge or otherwise discriminate against a
legislative employee because the legislative employee has
signed or filed an affidavit, petition, or charge or
provided any information or testimony under this Act;
(4) to refuse to bargain collectively in good faith
with a labor organization that is the exclusive
representative of legislative employees in an appropriate
unit, including, but not limited to, the discussing of
grievances with the exclusive representative;
(5) to violate any of the rules established by the
Board with jurisdiction over them relating to the conduct

HB4148 Engrossed - 39 - LRB103 34551 JDS 64386 b
of representation elections or the conduct affecting the
representation elections;
(6) to expend or cause the expenditure of public funds
to any external agent, individual, firm, agency,
partnership, or association in any attempt to influence
the outcome of representational elections held pursuant to
Section 45; provided that nothing in this subsection shall
be construed to limit the General Assembly's right to
internally communicate with its employees as provided in
subsection (c) of this Section, to be represented on any
matter pertaining to unit determinations, unfair labor
practice charges or pre-election conferences in any formal
or informal proceeding before the Board, or to seek or
obtain advice from legal counsel or the Office of State
Legislative Labor Relations. Nothing in this paragraph
shall be construed to prohibit the General Assembly from
expending or causing the expenditure of public funds on,
or seeking or obtaining services or advice from, any
organization, group, or association established by and
including public or educational employers, whether covered
by this Act, the Illinois Public Labor Relations Act, the
Illinois Educational Labor Relations Act or the public
employment labor relations law of any other state or the
federal government, provided that such services or advice
are generally available to the membership of the
organization, group, or association, and are not offered

HB4148 Engrossed - 40 - LRB103 34551 JDS 64386 b
solely in an attempt to influence the outcome of a
particular representational election;
(7) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement;
(8) to interfere with, restrain, coerce, deter, or
discourage legislative employees or applicants to be
legislative employees from: (i) becoming or remaining
members of a labor organization; (ii) authorizing
representation by a labor organization; or (iii)
authorizing dues or fee deductions to a labor
organization, nor shall the General Assembly intentionally
permit outside third parties to use its email or other
communication systems to engage in that conduct. The
General Assembly's good faith implementation of a policy
to block the use of its email or other communication
systems for such purposes shall be a defense to an unfair
labor practice;
(9) to disclose to any person or entity information
set forth in subsection (d) of Section 30 that the General
Assembly knows or should know will be used to interfere
with, restrain, coerce, deter, or discourage any
legislative employee from: (i) becoming or remaining
members of a labor organization, (ii) authorizing
representation by a labor organization, or (iii)
authorizing dues or fee deductions to a labor
organization; or

HB4148 Engrossed - 41 - LRB103 34551 JDS 64386 b
(10) to promise, threaten, or take any action: (i) to
permanently replace an employee who participates in a
lawful strike as provided under Section 80; (ii) to
discriminate against an employee who is working or has
unconditionally offered to return to work for the employer
because the employee supported or participated in such a
lawful strike; or (iii) to lock out, suspend, or otherwise
withhold employment from an employee in order to influence
the position of such employee or the representative of
such employee in collective bargaining prior to a lawful
strike.
(b) It shall be an unfair labor practice for a labor
organization or its agents:
(1) to restrain or coerce legislative employees in the
exercise of the rights guaranteed in this Act; however,
(i) this paragraph shall not impair the right of a labor
organization to prescribe its own rules with respect to
the acquisition or retention of membership therein and
(ii) a labor organization or its agents shall commit an
unfair labor practice under this paragraph in duty of fair
representation cases only by intentional misconduct in
representing legislative employees under this Act;
(2) to restrain or coerce the General Assembly or the
Office of State Legislative Labor Relations in the
selection of its representatives for the purposes of
collective bargaining or the settlement of grievances;

HB4148 Engrossed - 42 - LRB103 34551 JDS 64386 b
(3) to cause, or attempt to cause, the General
Assembly to discriminate against an employee in violation
of paragraph (2) of subsection (a);
(4) to refuse to bargain collectively in good faith
with the Office of State Legislative Labor Relations on
behalf of the General Assembly, if it has been designated
in accordance with the provisions of this Act as the
exclusive representative of legislative employees in an
appropriate unit;
(5) to violate any of the rules established by the
Board with jurisdiction over them relating to the conduct
of representation elections or the conduct affecting the
representation elections;
(6) to discriminate against any legislative employee
because the employee has signed or filed an affidavit,
petition, or charge or provided any information or
testimony under this Act;
(7) to picket or cause to be picketed, or threaten to
picket or cause to be picketed, the General Assembly where
an object thereof is forcing or requiring the General
Assembly to recognize or bargain with a labor organization
of the representative of its employees, or forcing or
requiring legislative employees to accept or select such
labor organization as their collective bargaining
representative, unless such labor organization is
currently certified as the representative of such

HB4148 Engrossed - 43 - LRB103 34551 JDS 64386 b
employees:
(A) where the Office of State Legislative Labor
Relations has lawfully recognized in accordance with
this Act any labor organization and a question
concerning representation may not appropriately be
raised under Section 45;
(B) where within the preceding 12 months a valid
election under Section 45 has been conducted; or
(C) where such picketing has been conducted
without a petition under Section 45 being filed within
a reasonable period of time not to exceed 30 days from
the commencement of such picketing; provided that when
such a petition has been filed the Board shall
forthwith, without regard to the provisions of
subsection (a) of Section 45 or the absence of a
showing of a substantial interest on the part of the
labor organization, direct an election in such unit as
the Board finds to be appropriate and shall certify
the results thereof; provided further, that nothing in
this subparagraph shall be construed to prohibit any
picketing or other publicity for the purpose of
truthfully advising the public that the General
Assembly does not employ members of, or have a
contract with, a labor organization unless an effect
of such picketing is to induce any individual employed
by any other person in the course of the individual's

HB4148 Engrossed - 44 - LRB103 34551 JDS 64386 b
employment, not to pick up, deliver, or transport any
goods or not to perform any services;
(8) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement;
or
(9) to strike or cause a strike in any month in which
one or more legislative session days are scheduled or to
interfere in any other way with the essential operation of
the General Assembly.
(c) The expressing of any views, argument, or opinion or
the dissemination thereof, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act, if such expression contains no threat of reprisal or
force or promise of benefit.
(d) The General Assembly shall not discourage legislative
employees or applicants to become legislative employees from
becoming or remaining union members or authorizing dues
deductions, and shall not otherwise interfere with the
relationship between legislative employees and their exclusive
bargaining representative. The General Assembly shall refer
all inquiries about union membership to the exclusive
bargaining representative, except that the General Assembly
may communicate with legislative employees regarding payroll
processes and procedures. The General Assembly will establish
email policies in an effort to prohibit the use of its email

HB4148 Engrossed - 45 - LRB103 34551 JDS 64386 b
system by outside sources.
Section 55. Unfair labor practice procedures. Unfair labor
practices may be dealt with by the Board in the following
manner:
(a) Whenever it is charged that any person has engaged in
or is engaging in any unfair labor practice under this Act, the
Board or any agent designated by the Board for such purposes,
shall conduct an investigation of the charge. If after such
investigation the Board finds that the charge involves a
dispositive issue of law or fact, the Board shall issue a
complaint and cause to be served upon the person a complaint
stating the charges, accompanied by a notice of hearing before
the Board or a member thereof designated by the Board, or
before a qualified hearing officer designated by the Board at
the offices of the Board or such other location as the Board
deems appropriate, not less than 5 days after serving of such
complaint provided that no complaint shall issue based upon
any unfair labor practice occurring more than 6 months before
the filing of a charge with the Board and the service of a copy
thereof upon the person against whom the charge is made,
unless the person aggrieved thereby did not reasonably have
knowledge of the alleged unfair labor practice or was
prevented from filing such a charge by reason of service in the
armed forces, in which event the 6-month period shall be
computed from the date of discharge. Any such complaint may be

HB4148 Engrossed - 46 - LRB103 34551 JDS 64386 b
amended by the member or hearing officer conducting the
hearing for the Board in the member's or hearing officer's
discretion at any time prior to the issuance of an order based
thereon. The person who is the subject of the complaint has the
right to file an answer to the original or amended complaint
and to appear in person or by a representative and give
testimony at the place and time fixed in the complaint. In the
discretion of the member or hearing officer conducting the
hearing or the Board, any other person may be allowed to
intervene in the proceeding and to present testimony. In any
hearing conducted by the Board, neither the Board nor the
member or agent conducting the hearing shall be bound by the
rules of evidence applicable to courts, except as to the rules
of privilege recognized by law.
(b) The Board shall have the power to issue subpoenas and
administer oaths. If any party willfully fails or neglects to
appear or testify or to produce books, papers, and records
pursuant to the issuance of a subpoena by the Board, then the
Board may apply to a court of competent jurisdiction to
request that such party be ordered to appear before the Board
to testify or produce the requested evidence.
(c) Any testimony taken by the Board, or a member
designated by the Board or a hearing officer thereof, must be
reduced to writing and filed with the Board. A full and
complete record shall be kept of all proceedings before the
Board, and all proceedings shall be transcribed by a reporter

HB4148 Engrossed - 47 - LRB103 34551 JDS 64386 b
appointed by the Board. The party on whom the burden of proof
rests shall be required to sustain such burden by a
preponderance of the evidence. If, upon a preponderance of the
evidence taken, the Board is of the opinion that any person
named in the charge has engaged in or is engaging in an unfair
labor practice, then it shall state its findings of fact and
shall issue and cause to be served upon the person an order
requiring the person to cease and desist from the unfair labor
practice, and to take such affirmative action, including
reinstatement of legislative employees with or without back
pay, as will effectuate the policies of this Act. If the Board
awards back pay, it shall also award interest at the rate of 7%
per annum. The Board's order may further require the person to
make reports from time to time, and demonstrate the extent to
which he has complied with the order. If there is no
preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the
unfair labor practice, then the Board shall state its findings
of fact and shall issue an order dismissing the complaint. The
Board's order may in its discretion also include an
appropriate sanction, based on the Board's rules, and the
sanction may include an order to pay the other party or
parties' reasonable expenses including costs and reasonable
attorney's fee, if the other party has made allegations or
denials without reasonable cause and found to be untrue or has
engaged in frivolous litigation for the purpose of delay or

HB4148 Engrossed - 48 - LRB103 34551 JDS 64386 b
needless increase in the cost of litigation; the State of
Illinois or any agency thereof shall be subject to the
provisions of this sentence in the same manner as any other
party.
(d) Until the record in a case has been filed in court, the
Board, at any time, upon reasonable notice and in such manner
as it deems proper, may modify or set aside, in whole or in
part, any finding or order made or issued by it.
(e) A charging party or any person aggrieved by a final
order of the Board granting or denying in whole or in part the
relief sought may apply for and obtain judicial review of an
order of the Board entered under this Act, in accordance with
the provisions of the Administrative Review Law, as now or
hereafter amended, except that such judicial review shall be
afforded directly in the Appellate Court for the district in
which the aggrieved party resides or transacts business, and
provided, that such judicial review shall not be available for
the purpose of challenging a final order issued by the Board
pursuant to Section 45 for which judicial review has been
petitioned pursuant to subsection (i) of Section 45. Any
direct appeal to the Appellate Court shall be filed within 35
days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
The filing of such an appeal to the Appellate Court shall not
automatically stay the enforcement of the Board's order. An
aggrieved party may apply to the Appellate Court for a stay of

HB4148 Engrossed - 49 - LRB103 34551 JDS 64386 b
the enforcement of the Board's order after the aggrieved party
has followed the procedure prescribed by Supreme Court Rule
335. The Board in proceedings under this Section may obtain an
order of the court for the enforcement of its order.
(f) Whenever it appears that any person has violated a
final order of the Board issued pursuant to this Section, the
Board must commence an action in the name of the People of the
State of Illinois by petition, alleging the violation,
attaching a copy of the order of the Board, and praying for the
issuance of an order directing the person and the person's
officers, agents, servants, successors, and assigns to comply
with the order of the Board. The Board shall be represented in
this action by the Attorney General in accordance with the
Attorney General Act. The court may grant or refuse, in whole
or in part, the relief sought, provided that the court may stay
an order of the Board in accordance with the Administrative
Review Law, pending disposition of the proceedings. The court
may punish a violation of its order as in civil contempt.
(g) The proceedings provided in paragraph (f) of this
Section shall be commenced in the Appellate Court for the
district where the unfair labor practice which is the subject
of the Board's order was committed, or where a person required
to cease and desist by such order resides or transacts
business.
(h) The Board through the Attorney General, shall have
power, upon issuance of an unfair labor practice complaint

HB4148 Engrossed - 50 - LRB103 34551 JDS 64386 b
alleging that a person has engaged in or is engaging in an
unfair labor practice, to petition the circuit court where the
alleged unfair labor practice which is the subject of the
Board's complaint was allegedly committed, or where a person
required to cease and desist from such alleged unfair labor
practice resides or transacts business, for appropriate
temporary relief or restraining order. Upon the filing of any
such petition, the court shall cause notice thereof to be
served upon such persons, and thereupon shall have
jurisdiction to grant to the Board such temporary relief or
restraining order as it deems just and proper.
(i) If an unfair labor practice charge involves the
interpretation or application of a collective bargaining
agreement and said agreement contains a grievance procedure
with binding arbitration as its terminal step, the Board may
defer the resolution of such dispute to the grievance and
arbitration procedure contained in said agreement.
Section 60. Mediation.
(a) The services of the mediators listed on the Public
Employees Mediation Roster established under Section 12 of the
Illinois Public Labor Relations Act shall be available to the
Office of State Legislative Labor Relations and to labor
organizations upon request of the parties for the purposes of
mediation of grievances or contract disputes. Upon the request
of either party, services of the Public Employees Mediation

HB4148 Engrossed - 51 - LRB103 34551 JDS 64386 b
Roster shall be available for purposes of arbitrating disputes
over interpretation or application of the terms of an
agreement pursuant to Section 40. The function of the mediator
shall be to communicate with the Office of State Legislative
Labor Relations and exclusive representative or their
representatives and to endeavor to bring about an amicable and
voluntary settlement. Compensation of Roster members for
services performed as mediators under this Act shall be paid
equally by the parties to a mediated labor dispute.
(b) A mediator in a mediated labor dispute shall be
selected by the Board from among the members of the Roster.
(c) Nothing in this Act or any other law prohibits the use
of other mediators selected by the parties for the resolution
of disputes over interpretation or application of the terms or
conditions of the collective bargaining agreements between the
General Assembly and a labor organization.
(d) If requested by the parties to a labor dispute, a
mediator may perform fact-finding as set forth in Section 65.
Section 65. Fact-finding.
(a) If, after a reasonable period of negotiation over the
terms of the agreement or upon expiration of an existing
collective bargaining agreement, the parties have not been
able to mutually resolve the dispute, the parties may, by
mutual consent, initiate a fact-finding.
(b) Within 3 days of such request the Board must submit to

HB4148 Engrossed - 52 - LRB103 34551 JDS 64386 b
the parties a panel of 7 qualified, disinterested persons from
the Illinois Public Employees Mediation Roster to serve as a
fact-finder. The parties to the dispute shall designate one of
the 7 persons to serve as fact-finder. The fact-finder must
act independently of the Board and may be the same person who
participated in the mediation of the labor dispute if both
parties consent. The person selected or appointed as
fact-finder shall immediately establish the dates and place of
hearings. Upon request, the Board shall schedule hearings to
be conducted by the fact-finder. The fact-finder may
administer oaths. The fact-finder shall initially determine
what issues are in dispute and therefore properly before the
fact-finder. Upon completion of the hearings, but no later
than 45 days from the date of appointment, the fact-finder
must make written findings of facts and recommendations for
resolution of the dispute, must serve findings on the General
Assembly and the labor organization involved, and must
publicize such findings by mailing them to all newspapers of
general circulation in the community. The fact-finder's
findings shall be advisory only and shall not be binding upon
the parties. If the parties do not accept the recommendations
of the fact-finder as the basis for settlement, or if the
fact-finder does not make written findings of facts and
recommendations for the resolution of the dispute and serve
and publicize such findings within 45 days of the date of
appointment, the parties may resume negotiations.

HB4148 Engrossed - 53 - LRB103 34551 JDS 64386 b
(c) The Office of State Legislative Labor Relations and
the labor organization that is certified as exclusive
representative or which is recognized as exclusive
representative in any particular bargaining unit by the State
or political subdivision are the only proper parties to the
fact-finding proceedings.
Section 70. Act takes precedence.
(a) In case of any conflict between the provisions of this
Act and any other law (other than Section 5 of the State
Employees Group Insurance Act of 1971 and other than the
changes made to the Illinois Pension Code by Public Act
96-889), executive order, or administrative regulation
relating to wages, hours, and conditions of employment and
employment relations, the provisions of this Act or any
collective bargaining agreement negotiated thereunder shall
prevail and control. The provisions of this Act are subject to
Section 5 of the State Employees Group Insurance Act of 1971.
(b) Except as provided in subsection (a), any collective
bargaining agreement between the General Assembly and a labor
organization executed pursuant to this Act shall supersede any
contrary statutes, charters, ordinances, rules, or regulations
relating to wages, hours, and conditions of employment and
employment relations adopted by the General Assembly or its
agents.

HB4148 Engrossed - 54 - LRB103 34551 JDS 64386 b
Section 75. Exhaustion of nonjudicial remedies. After the
exhaustion of any procedures mandated by a collective
bargaining agreement, suits for violation of agreements
between the General Assembly and a labor organization
representing legislative employees may be brought by the
parties to such agreement in the circuit court of Cook County
or Sangamon County.
Section 80. Right to strike.
(a) Nothing in this Act makes it unlawful or makes it an
unfair labor practice for legislative employees to strike
except as otherwise provided in this Act. Legislative
employees who are permitted to strike may strike only if:
(1) the employees are represented by an exclusive
bargaining representative;
(2) the collective bargaining agreement entered into
on behalf of the General Assembly and the legislative
employees, if any, has expired, or such collective
bargaining agreement does not prohibit the strike;
(3) the exclusive representative has requested a
mediator pursuant to Section 60 for the purpose of
mediation or conciliation of a dispute between the General
Assembly and the exclusive representative and mediation
has been used;
(4) the strike does not occur in any month in which one
or more legislative session days are scheduled and does

HB4148 Engrossed - 55 - LRB103 34551 JDS 64386 b
not otherwise interfere with the essential operation of
the General Assembly; and
(5) at least 5 days have elapsed after a notice of
intent to strike has been given by the exclusive
bargaining representative to the Office of State
Legislative Labor Relations.
In mediation under this Section, if either party requests
the use of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation services
from another source. As used in this Section, "legislative
session day" does not include a day that is solely a
perfunctory session day or a day when only a legislative
committee is meeting.
(b) A legislative employee who participates in a strike, a
work stoppage, or a work slowdown against the General
Assembly, in violation of this Section shall be subject to
discipline by the employing entity of the General Assembly.
Section 85. Prohibitions. Nothing in this Act shall be
construed to require an individual legislative employee to
render labor or service without the legislative employee's
consent; nor shall anything in this Act be construed to make
the quitting of employment by an individual legislative
employee an illegal act; nor shall any court issue any process
to compel the performance by an individual legislative

HB4148 Engrossed - 56 - LRB103 34551 JDS 64386 b
employee of such labor or service, without the employee's
consent; nor shall the quitting of labor by a legislative
employee or legislative employees in good faith because of
abnormally dangerous conditions for work at the place of
employment of such employee be deemed a strike under this Act.
Section 90. Multiyear collective bargaining agreements.
Subject to the appropriation power of the General Assembly,
the Office of State Legislative Labor Relations and exclusive
representatives may negotiate multiyear collective bargaining
agreements pursuant to the provisions of this Act.
Section 95. Meetings. The provisions of the Open Meetings
Act do not apply to collective bargaining negotiations and
grievance arbitration conducted pursuant to this Act.
Section 100. Waiver of sovereign immunity. For purposes of
this Act, the State of Illinois waives sovereign immunity.
Section 105. Application of Labor Dispute Act. The
provisions of the Labor Dispute Act apply.
Section 900. The Criminal Code of 2012 is amended by
changing Section 33G-4 as follows:
(720 ILCS 5/33G-4)

HB4148 Engrossed - 57 - LRB103 34551 JDS 64386 b
(Section scheduled to be repealed on June 1, 2025)
Sec. 33G-4. Prohibited activities.
(a) It is unlawful for any person, who intentionally
participates in the operation or management of an enterprise,
directly or indirectly, to:
(1) knowingly do so, directly or indirectly, through a
pattern of predicate activity;
(2) knowingly cause another to violate this Article;
or
(3) knowingly conspire to violate this Article.
Notwithstanding any other provision of law, in any
prosecution for a conspiracy to violate this Article, no
person may be convicted of that conspiracy unless an overt act
in furtherance of the agreement is alleged and proved to have
been committed by him, her, or by a coconspirator, but the
commission of the overt act need not itself constitute
predicate activity underlying the specific violation of this
Article.
(b) It is unlawful for any person knowingly to acquire or
maintain, directly or indirectly, through a pattern of
predicate activity any interest in, or control of, to any
degree, any enterprise, real property, or personal property of
any character, including money.
(c) Nothing in this Article shall be construed as to make
unlawful any activity which is arguably protected or
prohibited by the National Labor Relations Act, the Illinois

HB4148 Engrossed - 58 - LRB103 34551 JDS 64386 b
Educational Labor Relations Act, the Legislative Employee
Labor Relations Act, the Illinois Public Labor Relations Act,
or the Railway Labor Act.
(d) The following organizations, and any officer or agent
of those organizations acting in his or her official capacity
as an officer or agent, may not be sued in civil actions under
this Article:
(1) a labor organization; or
(2) any business defined in Division D, E, F, G, H, or
I of the Standard Industrial Classification as established
by the Occupational Safety and Health Administration, U.S.
Department of Labor.
(e) Any person prosecuted under this Article may be
convicted and sentenced either:
(1) for the offense of conspiring to violate this
Article, and for any other particular offense or offenses
that may be one of the objects of a conspiracy to violate
this Article; or
(2) for the offense of violating this Article, and for
any other particular offense or offenses that may
constitute predicate activity underlying a violation of
this Article.
(f) The State's Attorney, or a person designated by law to
act for him or her and to perform his or her duties during his
or her absence or disability, may authorize a criminal
prosecution under this Article. Prior to any State's Attorney

HB4148 Engrossed - 59 - LRB103 34551 JDS 64386 b
authorizing a criminal prosecution under this Article, the
State's Attorney shall adopt rules and procedures governing
the investigation and prosecution of any offense enumerated in
this Article. These rules and procedures shall set forth
guidelines which require that any potential prosecution under
this Article be subject to an internal approval process in
which it is determined, in a written prosecution memorandum
prepared by the State's Attorney's Office, that (1) a
prosecution under this Article is necessary to ensure that the
indictment adequately reflects the nature and extent of the
criminal conduct involved in a way that prosecution only on
the underlying predicate activity would not, and (2) a
prosecution under this Article would provide the basis for an
appropriate sentence under all the circumstances of the case
in a way that a prosecution only on the underlying predicate
activity would not. No State's Attorney, or person designated
by law to act for him or her and to perform his or her duties
during his or her absence or disability, may authorize a
criminal prosecution under this Article prior to reviewing the
prepared written prosecution memorandum. However, any internal
memorandum shall remain protected from disclosure under the
attorney-client privilege, and this provision does not create
any enforceable right on behalf of any defendant or party, nor
does it subject the exercise of prosecutorial discretion to
judicial review.
(g) A labor organization and any officer or agent of that

HB4148 Engrossed - 60 - LRB103 34551 JDS 64386 b
organization acting in his or her capacity as an officer or
agent of the labor organization are exempt from prosecution
under this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
Section 905. The State Lawsuit Immunity Act is amended by
changing Section 1 as follows:
(745 ILCS 5/1) (from Ch. 127, par. 801)
Sec. 1. Except as provided in the Illinois Public Labor
Relations Act, the Legislative Employee Labor Relations Act,
the Court of Claims Act, the State Officials and Employees
Ethics Act, and Section 1.5 of this Act, the State of Illinois
shall not be made a defendant or party in any court.
(Source: P.A. 97-618, eff. 10-26-11.)
Section 910. The Workplace Violence Prevention Act is
amended by changing Section 120 as follows:
(820 ILCS 275/120)
Sec. 120. Exemptions.
(a) The court may not enter a workplace protection
restraining order that enjoins the following activities:
(1) lawful monitoring of compliance with public or
worker safety laws, wage and hour requirements, or other
statutory workplace requirements;

HB4148 Engrossed - 61 - LRB103 34551 JDS 64386 b
(2) lawful picketing, patrolling, using a banner, or
other lawful protesting at the workplace which arises out
of a bona fide labor dispute; and
(3) engaging in concerted and protected activities as
defined in applicable labor law.
(b) As used in this Section, "bona fide labor dispute"
means any activity recognized as a labor dispute by the
National Labor Relations Act, the Illinois Public Labor
Relations Act, the Legislative Employee Labor Relations Act,
or the Illinois Educational Labor Relations Act, and includes
a controversy concerning: wages, salaries, hours, working
conditions, or benefits, including health and welfare, sick
leave, insurance, and pension or retirement provisions; the
terms to be included in collective bargaining agreements; and
the making, maintaining, administering, and filing of protests
or grievances under a collective bargaining agreement.
(Source: P.A. 98-766, eff. 7-16-14.)
Section 995. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.