(a) Definitions. For purposes of this section, the following definitions shall apply:
“Commissioner” means the Commissioner of Public Health, or the Commissioner’s designee.
“Contract” means an agreement entered into between the City, through the Department of Public Health, and a Contractor to perform Essential Services.
“Contractor” means a person, as defined by Section 1-4-090(e), contracting directly with the City through the Department of Public Health to perform Essential Services, where the Contractor has 20 or more employees. “Contractor” does not include hospitals licensed pursuant to the Illinois Hospital Licensing Act, 210 ILCS 85, or any hospital affiliate as defined by the Illinois Hospital Licensing Act, 210 ILCS 85/10.8(b), or any hospital licensed pursuant to the University of Illinois Hospital Act, 110 ILCS 330.
“Employee” means those employees directly performing Essential Services under a Contract. The term “Employee” excludes employees who work for the Contractor, but do not provide Essential Services under the Contract, management or supervisory or other employees who do not enjoy a right to engage in strikes, work stoppages, or other concerted activities.
“Essential Services” means health and social services.
“Labor Peace Agreement” means an agreement between a Contractor and a labor organization that:
(i) prohibits the labor organization and its members from engaging in work stoppages, boycotts, or any other activity that may interfere or hinder the performance of a Contract for the duration of the Contract; and
(ii) contains a means of resolving disputes between the Contractor and the labor organization.
(b) Terms of contracts.
(1) The Commissioner, in the interest of preventing a disruption of Essential Services and protecting the City’s financial and proprietary interest in the provision of such Essential Services, shall ensure that all Contracts that are entered into after the effective date of this section shall require:
(A) Written notice be provided by the Contractor to the Commissioner administering the Contract, or the Commissioner’s designee, within 72 hours of when the Contractor:
(i) becomes aware of any threatened, imminent, or actual strike, work stoppage, or other concerted activity that may interfere or hinder the work performed by Employees;
(ii) is informed that Employees seek to be represented by a labor organization, join a labor organization, or otherwise elect to self-organize for the purpose of engaging in concerted activity;
(iii) receives a notice or announcement from a labor organization that it represents or seeks to represent the Employees; or
(iv) enters into a Labor Peace Agreement, Collective Bargaining Agreement, or the expiration or breach of any such agreement.
(B) That the Contractor shall not prohibit, retaliate, or otherwise coerce Employees with respect to rights guaranteed by the First Amendment of the United States Constitution or any other rights afforded by federal or state laws.
(2) Within 90 days of subsection (b)(1)(A)(ii) or subsection (b)(1)(A)(iii) occurring, that the Contractor enter into a Labor Peace Agreement with the labor organization.
(c) The provisions of subsection (b) shall be material terms of any Contract entered into by the City, the breach of which by a Contractor shall be grounds to terminate or decline to renew the Contract.
(d) A Contractor is in compliance with this Section 2-50-205* if: (1) the Contractor remains in compliance with subsection (b); or (2) the Contractor and the Employees have a collective bargaining agreement with a labor organization; or (3) no labor organization represents or seeks to represent the Employees.
* Editor’s note – As set forth in Coun. J. 3-20-24, p. 10570, § 2; intended reference is likely § 2-112-205. Future legislation will correct if needed.
(e) The Commissioner is authorized to administer and enforce this section and to promulgate any rules, jointly with the Commissioner of Family and Support Services, necessary or useful to implement this section.
(f) Noninterference. This section shall not be construed to require a Contractor, through mediation, arbitration, or otherwise, to change terms and conditions of employment for its Employees, recognize a labor organization as the bargaining representative for its Employees, adopt any particular recognition process, or enter into a collective bargaining agreement with a labor organization.
(g) This section shall not be construed to require the City or a Contractor to violate any term or condition of a grant from any federal, state, or other source.
(Added Coun. J. 3-20-24, p. 10570, § 2)