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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5795

Introduced 5/28/2026, by Rep. Norma Hernandez

SYNOPSIS AS INTRODUCED:

5 ILCS 315/6

from Ch. 48, par. 1606

Amends the Illinois Public Labor Relations Act. In provisions
regarding the right to organize and bargain collectively, provides that,
at the request of any labor organization or public employer, bargaining
sessions shall be open to the public for viewing.
LRB104 22175 BDA 38427 b

A BILL FOR

HB5795
LRB104 22175 BDA 38427 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Public Labor Relations Act is
5
amended by changing Section 6 as follows:

6

(5 ILCS 315/6)

(from Ch. 48, par. 1606)
7

Sec. 6.
Right to organize and bargain collectively;
8
exclusive representation; and fair share arrangements.
9

(a) Employees of the State and any political subdivision
10
of the State, excluding employees of the General Assembly of
11
the State of Illinois and employees excluded from the
12
definition of "public employee" under subsection (n) of
13
Section 3 of this Act, have, and are protected in the exercise
14
of, the right of self-organization, and may form, join or
15
assist any labor organization, to bargain collectively through
16
representatives of their own choosing on questions of wages,
17
hours and other conditions of employment, not excluded by
18
Section 4 of this Act, and to engage in other concerted
19
activities not otherwise prohibited by law for the purposes of
20
collective bargaining or other mutual aid or protection, free
21
from interference, restraint or coercion. Employees also have,
22
and are protected in the exercise of, the right to refrain from
23
participating in any such concerted activities. Employees may

HB5795
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LRB104 22175 BDA 38427 b
1
be required, pursuant to the terms of a lawful fair share
2
agreement, to pay a fee which shall be their proportionate
3
share of the costs of the collective bargaining process,
4
contract administration and pursuing matters affecting wages,
5
hours and other conditions of employment as defined in Section
6
3(g).
At the request of any labor organization or public
7
employer, bargaining sessions shall be open to the public for
8
viewing.

9

(b) Nothing in this Act prevents an employee from
10
presenting a grievance to the employer and having the
11
grievance heard and settled without the intervention of an
12
employee organization; provided that the exclusive bargaining
13
representative is afforded the opportunity to be present at
14
such conference and that any settlement made shall not be
15
inconsistent with the terms of any agreement in effect between
16
the employer and the exclusive bargaining representative.
17

(c) A labor organization designated by the Board as the
18
representative of the majority of public employees in an
19
appropriate unit in accordance with the procedures herein or
20
recognized by a public employer as the representative of the
21
majority of public employees in an appropriate unit is the
22
exclusive representative for the employees of such unit for
23
the purpose of collective bargaining with respect to rates of
24
pay, wages, hours and other conditions of employment not
25
excluded by Section 4 of this Act. Unless otherwise mutually
26
agreed, a public employer is required at least once each month

HB5795
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LRB104 22175 BDA 38427 b
1
and upon request, to furnish the exclusive bargaining
2
representative with a complete list of the names and addresses
3
of the public employees in the bargaining unit, provided that
4
a public employer shall not be required to furnish such a list
5
more than once per payroll period. The exclusive bargaining
6
representative shall use the list exclusively for bargaining
7
representation purposes and shall not disclose any information
8
contained in the list for any other purpose. Nothing in this
9
Section, however, shall prohibit a bargaining representative
10
from disseminating a list of its union members.
11

At the time the public employer provides such list, it
12
shall also provide to the exclusive representative, in an
13
Excel file or other mutually agreed upon editable digital file
14
format, the employee's job title, worksite location, work
15
telephone numbers, identification number if available, and any
16
home and personal cellular telephone numbers on file with the
17
employer, date of hire, work email address, and any personal
18
email address on file with the employer. In addition, unless
19
otherwise mutually agreed, within 10 calendar days from the
20
date of hire of a bargaining unit employee, the public
21
employer shall provide to the exclusive representative, in an
22
electronic file or other mutually agreed upon format, the
23
following information about the new employee: the employee's
24
name, job title, worksite location, home address, work
25
telephone numbers, and any home and personal cellular
26
telephone numbers on file with the employer, date of hire,

HB5795
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1
work email address, and any personal email address on file
2
with the employer.
3

(c-5) No employer shall disclose the following information
4
of any employee: (1) the employee's home address (including
5
ZIP code and county); (2) the employee's date of birth; (3) the
6
employee's home and personal phone number; (4) the employee's
7
personal email address; (5) any information personally
8
identifying employee membership or membership status in a
9
labor organization or other voluntary association affiliated
10
with a labor organization or a labor federation (including
11
whether employees are members of such organization, the
12
identity of such organization, whether or not employees pay or
13
authorize the payment of any dues or moneys to such
14
organization, and the amounts of such dues or moneys); and (6)
15
emails or other communications between a labor organization
16
and its members.
17

As soon as practicable after receiving a request for any
18
information prohibited from disclosure under this subsection
19
(c-5), excluding a request from the exclusive bargaining
20
representative of the employee, the employer must provide a
21
written copy of the request, or a written summary of any oral
22
request, to the exclusive bargaining representative of the
23
employee or, if no such representative exists, to the
24
employee. The employer must also provide a copy of any
25
response it has made within 5 business days of sending the
26
response to any request.

HB5795
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LRB104 22175 BDA 38427 b
1

If an employer discloses information in violation of this
2
subsection (c-5), an aggrieved employee of the employer or his
3
or her exclusive bargaining representative may file an unfair
4
labor practice charge with the Illinois Labor Relations Board
5
pursuant to Section 10 of this Act or commence an action in the
6
circuit court to enforce the provisions of this Act, including
7
actions to compel compliance, if an employer willfully and
8
wantonly discloses information in violation of this
9
subsection. The circuit court for the county in which the
10
complainant resides, in which the complainant is employed, or
11
in which the employer is located shall have jurisdiction in
12
this matter.
13

This subsection does not apply to disclosures (i) required
14
under the Freedom of Information Act, (ii) for purposes of
15
conducting public operations or business, or (iii) to the
16
exclusive representative.
17

(c-10) Employers shall provide to exclusive
18
representatives, including their agents and employees,
19
reasonable access to employees in the bargaining units they
20
represent. This access shall at all times be conducted in a
21
manner so as not to impede normal operations.
22

(1) Access includes the following:
23

(A) the right to meet with one or more employees on
24

the employer's premises during the work day to
25

investigate and discuss grievances and
26

workplace-related complaints without charge to pay or

HB5795
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LRB104 22175 BDA 38427 b
1

leave time of employees or agents of the exclusive
2

representative;
3

(B) the right to conduct worksite meetings during
4

lunch and other non-work breaks, and before and after
5

the workday, on the employer's premises to discuss
6

collective bargaining negotiations, the administration
7

of collective bargaining agreements, other matters
8

related to the duties of the exclusive representative,
9

and internal matters involving the governance or
10

business of the exclusive representative, without
11

charge to pay or leave time of employees or agents of
12

the exclusive representative;
13

(C) the right to meet with newly hired employees,
14

without charge to pay or leave time of the employees or
15

agents of the exclusive representative, on the
16

employer's premises or at a location mutually agreed
17

to by the employer and exclusive representative for up
18

to one hour either within the first two weeks of
19

employment in the bargaining unit or at a later date
20

and time if mutually agreed upon by the employer and
21

the exclusive representative; and
22

(D) the right to use the facility mailboxes and
23

bulletin boards of the employer to communicate with
24

bargaining unit employees regarding collective
25

bargaining negotiations, the administration of the
26

collective bargaining agreements, the investigation of

HB5795
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LRB104 22175 BDA 38427 b
1

grievances, other workplace-related complaints and
2

issues, and internal matters involving the governance
3

or business of the exclusive representative.
4

(2) Nothing in this Section shall prohibit an employer
5

and exclusive representative from agreeing in a collective
6

bargaining agreement to provide the exclusive
7

representative greater access to bargaining unit
8

employees, including through the use of the employer's
9

email system.
10

(d) Labor organizations recognized by a public employer as
11
the exclusive representative or so designated in accordance
12
with the provisions of this Act are responsible for
13
representing the interests of all public employees in the
14
unit. Nothing herein shall be construed to limit an exclusive
15
representative's right to exercise its discretion to refuse to
16
process grievances of employees that are unmeritorious.
17

(e) When a collective bargaining agreement is entered into
18
with an exclusive representative, it may include in the
19
agreement a provision requiring employees covered by the
20
agreement who are not members of the organization to pay their
21
proportionate share of the costs of the collective bargaining
22
process, contract administration and pursuing matters
23
affecting wages, hours and conditions of employment, as
24
defined in Section 3 (g), but not to exceed the amount of dues
25
uniformly required of members. The organization shall certify
26
to the employer the amount constituting each nonmember

HB5795
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LRB104 22175 BDA 38427 b
1
employee's proportionate share which shall not exceed dues
2
uniformly required of members. In such case, the proportionate
3
share payment in this Section shall be deducted by the
4
employer from the earnings of the nonmember employees and paid
5
to the employee organization.
6

(f) Employers shall make payroll deductions of labor
7
organization dues, initiation fees, assessments, and other
8
payments for a labor organization that is the exclusive
9
representative. Such deductions shall be made in accordance
10
with the terms of an employee's written authorization, and
11
shall be paid to the exclusive representative. Written
12
authorization may be evidenced by electronic communications,
13
and such writing or communication may be evidenced by the
14
electronic signature of the employee as provided under Section
15
5-120 of the Uniform Electronic Transactions Act.
16

There is no impediment to an employee's right to resign
17
union membership at any time. However, notwithstanding any
18
other provision of law to the contrary regarding authorization
19
and deduction of dues or other payments to a labor
20
organization, the exclusive representative and a public
21
employee may agree to reasonable limits on the right of the
22
employee to revoke such authorization, including a period of
23
irrevocability that exceeds one year. An authorization that is
24
irrevocable for one year, which may be automatically renewed
25
for successive annual periods in accordance with the terms of
26
the authorization, and that contains at least an annual 10-day

HB5795
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LRB104 22175 BDA 38427 b
1
period of time during which the employee may revoke the
2
authorization, shall be deemed reasonable.
3

This Section shall apply to all claims that allege that a
4
labor organization or a public employer has improperly
5
deducted or collected dues from an employee without regard to
6
whether the claims or the facts upon which they are based
7
occurred before, on, or after the effective date of this
8
amendatory Act of the 101st General Assembly and shall apply
9
retroactively to the maximum extent permitted by law.
10

(f-5) Where a collective bargaining agreement is
11
terminated, or continues in effect beyond its scheduled
12
expiration date pending the negotiation of a successor
13
agreement or the resolution of an impasse under Section 14,
14
the employer shall continue to honor and abide by any dues
15
deduction or fair share clause contained therein until a new
16
agreement is reached including dues deduction or a fair share
17
clause. For the benefit of any successor exclusive
18
representative certified under this Act, this provision shall
19
be applicable, provided the successor exclusive
20
representative:
21

(i) certifies to the employer the amount constituting
22

each non-member's proportionate share under subsection
23

(e); or
24

(ii) presents the employer with employee written
25

authorizations for the deduction of dues, assessments, and
26

fees under this subsection.

HB5795
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LRB104 22175 BDA 38427 b
1

Failure to so honor and abide by dues deduction or fair
2
share clauses for the benefit of any exclusive representative,
3
including a successor, shall be a violation of the duty to
4
bargain and an unfair labor practice.
5

(f-10) Upon receiving written notice of authorization, the
6
public employer must commence dues deductions as soon as
7
practicable, but in no case later than 30 days after receiving
8
notice from the labor organization. Employee deductions shall
9
be transmitted to the labor organization no later than 30 days
10
after they are deducted unless a shorter period is mutually
11
agreed to.
12

(f-15) Deductions shall remain in effect until:
13

(1) the public employer receives notice that a public
14

employee has revoked their authorization in writing in
15

accordance with the terms of the authorization; or
16

(2) the individual employee is no longer employed by
17

the public employer in a bargaining unit position
18

represented by the same exclusive representative, provided
19

that if the employee is, within a period of one year,
20

employed by the same public employer in a position
21

represented by the same labor organization, the right to
22

dues deduction shall be automatically reinstated.
23

Nothing in this subsection prevents an employee from
24
continuing to authorize payroll deductions when no longer
25
represented by the exclusive representative that would receive
26
such deduction.

HB5795
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LRB104 22175 BDA 38427 b
1

Should the individual employee who has signed a dues
2
deduction authorization card either be removed from a public
3
employer's payroll or otherwise placed on any type of
4
involuntary or voluntary leave of absence, whether paid or
5
unpaid, the public employee's dues deduction shall be
6
continued upon that public employee's return to the payroll in
7
a bargaining unit position represented by the same exclusive
8
representative or restoration to active duty from such a leave
9
of absence.
10

(f-20) Unless otherwise mutually agreed by the public
11
employer and the exclusive representative, employee requests
12
to authorize, revoke, cancel, or change authorizations for
13
payroll deductions for labor organizations shall be directed
14
to the labor organization rather than to the public employer.
15
The labor organization shall be responsible for initially
16
processing and notifying the public employer of proper
17
requests or providing proper requests to the employer. If the
18
requests are not provided to the public employer, the employer
19
shall rely on information provided by the labor organization
20
regarding whether deductions for a labor organization were
21
properly authorized, revoked, canceled, or changed, and the
22
labor organization shall indemnify the public employer for any
23
damages and reasonable costs incurred for any claims made by
24
employees for deductions made in good faith reliance on that
25
information.
26

(f-25) Upon receipt by the exclusive representative of an

HB5795
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LRB104 22175 BDA 38427 b
1
appropriate written authorization from an employee, written
2
notice of authorization shall be provided to the employer and
3
any authorized deductions shall be made in accordance with
4
law. The labor organization shall indemnify the public
5
employer for any damages and reasonable costs incurred for any
6
claims made by employees for deductions made in good faith
7
reliance on its notification.
8

(f-30) The failure of an employer to comply with the
9
provisions of this Section shall be a violation of the duty to
10
bargain and an unfair labor practice. Relief for the violation
11
shall be reimbursement by the public employer of dues that
12
should have been deducted or paid based on a valid
13
authorization given by the employee or employees. In addition,
14
the provisions of a collective bargaining agreement that
15
contain the obligations set forth in this Section may be
16
enforced in accordance with Sections 8 and 16.
17

(f-35) The Illinois Labor Relations Board shall have
18
exclusive jurisdiction over claims under Illinois law that
19
allege that a labor organization has unlawfully collected dues
20
from a public employee in violation of this Act. The Board
21
shall by rule require that in cases in which a public employee
22
alleges that a labor organization has unlawfully collected
23
dues, the public employer shall continue to deduct the
24
employee's dues from the employee's pay, but shall transmit
25
the dues to the Board for deposit in an escrow account
26
maintained by the Board. If the exclusive representative

HB5795
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LRB104 22175 BDA 38427 b
1
maintains an escrow account for the purpose of holding dues to
2
which an employee has objected, the employer shall transmit
3
the entire amount of dues to the exclusive representative, and
4
the exclusive representative shall hold in escrow the dues
5
that the employer would otherwise have been required to
6
transmit to the Board for escrow; provided that the escrow
7
account maintained by the exclusive representative complies
8
with rules adopted by the Board or that the collective
9
bargaining agreement requiring the payment of the dues
10
contains an indemnification provision for the purpose of
11
indemnifying the employer with respect to the employer's
12
transmission of dues to the exclusive representative.
13

(f-40) If any clause, sentence, paragraph, or subparagraph
14
of this Section shall be adjudged by a court of competent
15
jurisdiction to be unconstitutional or otherwise invalid, that
16
judgment shall not affect, impair, or invalidate the remainder
17
thereof, but shall be confined in its operation to the clause,
18
sentence, paragraph, or subparagraph of this Section directly
19
involved in the controversy in which that judgment shall have
20
been rendered.
21

If any clause, sentence, paragraph, or part of a signed
22
authorization for payroll deductions shall be adjudged by a
23
court of competent jurisdiction to be unconstitutional or
24
otherwise invalid, that judgment shall not affect, impair, or
25
invalidate the remainder of the signed authorization, but
26
shall be confined in its operation to the clause, sentence,

HB5795
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LRB104 22175 BDA 38427 b
1
paragraph, or part of the signed authorization directly
2
involved in the controversy in which that judgment shall have
3
been rendered.
4

(g) Agreements containing a fair share agreement must
5
safeguard the right of nonassociation of employees based upon
6
bona fide religious tenets or teachings of a church or
7
religious body of which such employees are members. Such
8
employees may be required to pay an amount equal to their fair
9
share, determined under a lawful fair share agreement, to a
10
nonreligious charitable organization mutually agreed upon by
11
the employees affected and the exclusive bargaining
12
representative to which such employees would otherwise pay
13
such service fee. If the affected employees and the bargaining
14
representative are unable to reach an agreement on the matter,
15
the Board may establish an approved list of charitable
16
organizations to which such payments may be made.
17
(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21.)

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