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HB 5795

PUBLIC LABOR-OPEN SESSION

104th Regular Session Introduced by Norma Hernandez

Public bargaining sessions must be open to the public upon request by any labor organization or public employer.

Referred to Rules Committee
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Bill Summary · HB 5795

Summary of HB5795 (104th General Assembly, Illinois)

Main purpose and intent

  • The bill amends the Illinois Public Labor Relations Act to require that bargaining sessions be open to the public upon request by any labor organization or public employer.
  • It aims to increase transparency in public sector bargaining and clarify various provisions related to union representation, dues, and workplace access for labor organizations.

Key provisions and changes

  • Public access to bargaining sessions (new requirement):

    • At the request of any labor organization or public employer, bargaining sessions must be open to public viewing.

  • Right to organize, bargain, and exclusive representation (existing framework maintained):

    • Public employees (state and political subdivisions, with certain exclusions) retain rights to organize, join labor organizations, bargain collectively, and engage in related activities.
    • Exclusive representation: a labor organization designated by the Board (or recognized by the employer) that represents the majority of employees in a unit remains the exclusive representative for collective bargaining.

  • Information sharing with exclusive representative (c-1 to c-4):

    • Employers must, at least monthly, provide the exclusive representative with a complete list of unit employees (names and addresses). The list is for bargaining purposes only and cannot be disclosed for other uses.
    • When providing the list, employers must also supply a format including employee job title, worksite, contact numbers, hire date, work email, and any personal email on file.
    • New hires within 10 calendar days must have similar information provided to the exclusive representative.

  • Confidentiality protections for employee data (c-5):

    • Employers may not disclose home addresses, dates of birth, personal phone numbers, personal emails, union membership data, or communications between unions and members.
    • If a prohibited disclosure occurs, the employee or exclusive representative may file an unfair labor practice charge or sue in circuit court. Court relief can compel compliance.

  • Employee access to exclusive representative (c-10):

    • Exclusive representatives must be granted reasonable access to bargaining unit employees on employer premises, without interfering with operations. This includes:
    • Meetings with employees during the workday without charge to pay.
    • Worksite meetings during non-work breaks and before/after work.
    • Meetings with newly hired employees within the first two weeks (or as agreed).
    • Use of employer facility mailboxes and bulletin boards for union-related communications.
    • Employers and exclusive representatives can generally negotiate greater access via a collective bargaining agreement.

  • Nonmember payments (e) and dues/fee arrangements:

    • A CBA may require nonmembers to pay their proportionate share of costs of bargaining, not exceeding dues paid by members.
    • The exclusive representative must certify these amounts; deductions are made by the employer from nonmembers' wages.
    • The act allows continued dues deductions for employees upon transfer between employers or positions within a year if represented by the same exclusive representative, and sets rules for revocation and irrevocability windows.

  • Dues deductions, administration, and indemnification (f):

    • Employers must deduct dues, initiation fees, and assessments per employee-authorized forms (including electronic authorizations).
    • Employees may revoke membership, but there can be reasonable limits on revocation under agreement (including a possible irrevocable period of up to one year with annual revocation opportunities).
    • If authorization is processed by the union, the union is responsible for ensuring proper processing and indemnifying the employer for good-faith deductions based on union information.
    • If improper deductions occur, the union may be liable for damages and costs; the Illinois Labor Relations Board has jurisdiction over related claims and may direct escrow arrangements for disputed dues.

  • Escrow and adjudication (f-35 and related):

    • The Board may require dues collected in dispute to be deposited into an escrow account; if an exclusive representative maintains its own escrow, it may also hold disputed dues subject to rules or indemnification provisions.
    • Court rulings on constitutionality limited to the challenged provision.

  • Fair share and religious accommodation (g):

    • For employees subject to fair share fees, religious accommodations allow directing funds to a mutually agreeable charitable organization if employees object on bona fide religious grounds. The Board may provide an approved list if disagreement arises.

Who is affected

  • Public employees in Illinois (state and political subdivisions) covered by the Public Labor Relations Act, excluding General Assembly employees and others not defined as public employees under the Act.
  • Public employers and their human resources/payroll operations.
  • Labor organizations designated as exclusive representatives for bargaining units.
  • Nonmember employees who may owe fair share or dues under a collective bargaining agreement.
  • Newly hired employees in bargaining units (for data sharing requirements).

Procedural/timeline aspects

  • The bill was introduced on May 28, 2026, by Representative Norma Hernandez and referred to Rules Committee.
  • Effective dates: The text notes retroactive applicability to the maximum extent permitted by law for certain provisions related to dues deductions, and it implies changes take effect upon enactment, with ongoing applicability to future bargaining cycles. Specific effective dates would be set in the enacted version.

Practical implications

  • Increased transparency of bargaining processes due to mandated public access to bargaining sessions.
  • Expanded data sharing with exclusive representatives, with strong privacy protections for personal employee information.
  • Enhanced nonmember fee structures aligned with dues and fair share practices, with detailed safeguards and dispute mechanisms.
  • Expanded union access to worksites and employees, subject to reasonable boundaries to avoid disrupting operations.
  • Clear procedures for handling disputed dues through the Board and escrow arrangements.

If you’d like, I can provide a side-by-side comparison with current Illinois law to highlight every net change and potential impact on employers and employees.

Compiled from official sources — confirm details with the bill’s official record.

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