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CHAPTER 820 - EMPLOYMENT
Labor Dispute Act.
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(820 ILCS 5/1) (from Ch. 48,
par. 2a)
Sec. 1. No restraining order or
injunction shall be granted by any court of this State in any case
involving or growing out of a dispute concerning terms or conditions
of employment, enjoining or restraining any person or persons,
either singly or in concert, from terminating any relation of employment
or from ceasing to perform any work or labor, or from peaceably
and without threats or intimidation recommending, advising, or
persuading others so to do; or from peaceably and without threats
or intimidation being upon any public street, or thoroughfare or
highway for the purpose of obtaining or communicating information,
or to peaceably and without threats or intimidation persuade any
person or persons to work or to abstain from working, or to employ
or to peaceably and without threats or intimidation cease to employ
any party to a labor dispute, or to recommend, advise, or persuade
others so to do.
(Source: P.A. 83-334.)
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(820 ILCS 5/1.1) (from Ch. 48,
par. 2a.1)
Sec. 1.1. Short title. This Act
may be cited as the Labor Dispute Act.
(Source: P.A. 86-1324.)
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(820 ILCS 5/1.2)
Sec. 1.2. Legislative findings
and declaration. The General Assembly finds that a
union, union members, sympathizers, and an employer's
employees have a right to communicate their dispute with
a primary employer to the public by picketing the primary
employer wherever they happen to be. The picketing may
take place not only at the employer's main facility, but
at job sites as well. The General Assembly recognizes that
peaceful primary picketing of any type is explicitly permitted
by statute pursuant to the National Labor Relations Act,
29 U.S.C. 151 et seq., and the Labor Management Relations
Act, 29 U.S.C. 141 et seq., including the right to engage
in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection as provided
in 29 U.S.C. 157 et seq.
(Source: P.A. 94-321, eff.
1-1-06.)
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(820 ILCS 5/1.3)
Sec. 1.3. Definitions. As used
in Section 1.2 through 1.5:
"Employee" means any
individual permitted to work by an employer in an occupation.
"Employer" means any
individual, partnership, association, corporation, business trust,
governmental or quasi-governmental body, or any person
or group of persons that employs any person to work, labor, or
exercise skill in connection with the operation of any business,
industry, vocation, or occupation.
"Picketing" means the
stationing of a person for an organization to apprise the public
by signs or other means of the existence of a dispute pursuant
to the National Labor Relations Act, 29 U.S.C. 151 et seq., and
the Labor Management Relations Act, 29 U.S.C. 141 et seq.
"Dispute" includes any
controversy concerning terms or
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conditions of employment, or concerning
the association or representation of persons
in negotiating, fixing, maintaining, changing,
or seeking to arrange terms or conditions of
employment or other protest, regardless of
whether or not the disputants stand in the
proximate relationship of employer and employee.
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"Public right
of way" means that portion of the highway or street
adjacent to the roadway for accommodating stopped vehicles
or for emergency use; or that portion of a street between
the curb lines, or the lateral lines of a roadway,
and the adjacent property lines.
"Temporary sign" means
a sign or other display or device
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that is
not permanently affixed and is capable of being
removed at the end of each day or shift.
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"Temporary
shelter" means a tent or shelter that is not
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permanently affixed
and is capable of being removed at the end
of each day or shift, not to exceed 300 square
feet in size.
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(Source: P.A. 94-321, eff. 1-1-06.)
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(820 ILCS 5/1.4)
Sec. 1.4. Use of public right of
way.
(a) Persons engaged in picketing
shall be allowed to use public rights of way to apprise the public
of the existence of a dispute for the following:
(1) The
purposes of picketing.
(2) The
erection of temporary signs announcing their
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(3)
The parking of at least one vehicle on the public
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right of
way. Nothing in this Section shall require
the accommodation of parking more than 10 vehicles
on the public right of way. This Section shall
not be construed to allow the blocking of fire
hydrants. Picketers shall ensure that water
mains, sewers, and other utilities are accessible
for construction, maintenance, and emergency
repair work.
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(4)
The erection of tents or other temporary shelter
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for the
health, welfare, personal safety, and well-being
of picketers.
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(b) Any signs,
tents, or temporary shelters shall be
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