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Displaced Building Service Workers Protection Ordinance

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Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced: 6/21/2005
Date Passed:
3/15/2006

Sponsors:
Maldonado, Stroger, Suffredin
Co-Sponsors:
Daley, Moreno, Murphy, Silvestri, Sims, Steele

Summary:

This ordinance protects workers whose buildings, service contracts or subcontracts are sold for a minimum of 90 days at current pay and benefit levels. It does not cover small buildings or buildings whose new employers have agreed to keep the old employers’ contract or negotiate a new one. Any cuts must be made on a seniority basis, and recently cut employees are entitled to preferential hiring and a right of first refusal.


Activity Log:

6/21/2005
Referred to Business & Economic Development Committee
9/8/2005
Defferred to Business & Economic Development Committe
9/6/2005
Substitute ordinance proposed
3/13/2006
Defferred in Business & Economic Development Committe
3/15/2005
Ordinance Passed by the Cook County Board of Commissioners

Full Text of Legislation:

06-O-13

ORDINANCE

Sponsored by

THE HONORABLE JOHN H. STROGER, JR., PRESIDENT, LARRY SUFFREDIN

AND ROBERTO MALDONADO, COUNTY COMMISSIONERS

Co-Sponsored by

THE HONORABLE DEBORAH SIMS, JOHN P. DALEY, JOSEPH MARIO MORENO,

JOAN PATRICIA MURPHY, PETER N. SILVESTRI AND BOBBIE L. STEELE

COUNTY CommissionerS

 

DISPLACED BUILDING SERVICE WORKERS PROTECTION ORDINANCE

 

WHEREAS, Cook County is a home rule unit of local government pursuant to Article 7, Section 6a of the Illinois Constitution of 1970 with power to regulate those matters which pertain to its government and affairs; and

 

WHEREAS, as part of their findings, the Mikva Commission vocalized the need for coordinated and uniform evacuation policies in event of an emergency; and

 

WHEREAS, the federal government encourages increased awareness by personnel working in office and industrial buildings in order to combat potential terrorist activity; and

 

WHEREAS, building service workers are trained and knowledgeable in building safety procedures and are alert to any suspicious activity which they may encounter in the performance of their jobs; and

 

WHEREAS, a period of review and retention before a successor employer can terminate a position ensures that the safety of building occupants will not be compromised during the transitory phase of building service contracts; and

 

WHEREAS, nothing in this Ordinance abrogates a successor employer’s rights to discharge an employee for “cause” or conduct employee background checks.

 

NOW, THEREFORE, BE IT ENACTED by the People of the County of Cook, Illinois, represented by the Cook County Board of Commissioners:

 

    Section 1: Title. This Ordinance may be cited as the Displaced Building Service Workers Protection Ordinance.

 

    Section 2: Definitions. In this Ordinance:

 

"Building” means a structure, or part thereof, enclosing any occupancy including residential, institutional, assembly, business, mercantile, industrial, storage, hazardous and miscellaneous uses.  When separated by fire walls, each unit so separated shall be deemed a separate building.

 

"Building service" means work performed in connection with the care or maintenance of an existing building and includes, but is not limited to, work performed by a watchman, security officer, door staff, building cleaner, maintenance technician, handyman, janitor, elevator operator, window cleaner, building engineer and groundskeeper.

 


 

"Building service contract" means a contract let to any covered employer for the furnishing of building services and includes any subcontract for such services.

 

"Building service contractor" means any person who enters into a building service contract.

 

"Building service employee" means any person employed as a building service employee by a covered employer who has been regularly assigned to a building on a full or part-time basis for at least 25 days immediately preceding any transition in employment subject to this Section except for (i) persons who are managerial, supervisory, or confidential employees, provided that this exemption shall not apply to building engineers for existing properties, (ii) persons earning in excess of $25 per hour from a covered employer, and (iii) persons regularly scheduled to work fewer than 6 hours per week at a building.

 

"County of Cook" means any city, township, administration, department, division, bureau, board or commission, or a corporation, institution, or agency of government, the expenses of which are paid in whole or in part from the County treasury.

 

"Covered employer" means any person who owns or manages real property, either on its own behalf or for another person, or any person who contracts or subcontracts with an owner or manager of real property within the County of Cook for real estate, including, but not limited to, housing cooperatives, condominium associations, building managing agents, and any building service contractor provided, however, that the requirements of this Ordinance shall not apply to (i) residential buildings under 50 units, (ii) commercial office, institutional, or retail buildings of less than 75,000 square feet, (iii) any building owned by any government entity, or (iv) any building that is owned or operated by a hospital or hospital affiliate as defined in the Hospital Licensing Ordinance.

 

"Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into service contracts, but shall not include the City of Chicago, the County of Cook, and the federal government or any other entity, or any individual or entity managing real property for a governmental entity.

 

"Successor employer" means a covered employer that (i) has been awarded a building service contract to provide, in whole or in part, building services that are substantially similar to those provided under a service contract that has recently been terminated, or (ii) has purchased or acquired control of property in which building service employees were employed.

 

    Section 3: Protection for building service employees.

 

    (a) No less than 25 calendar days before terminating any building service contract, any covered employer shall request the terminated contractor to provide the successor employer and any collective bargaining representative of any of the affected employees where there is a collective bargained contract for the site, a full and accurate list containing the name, address, date of hire, and employment occupation classification of each building service employee employed on the notice date at the site or sites covered by the terminated contract.

 

    (b) No less than 25 calendar days before transferring a controlling interest in any covered building in which building service employees are employed, any covered employer shall provide to the successor employer and any collective bargaining representative of any of the affected employees where there is a collective bargained contract for the site, a full and accurate list containing the name, address, date of hire, and employment occupation classification of each building service employee currently employed at the site or sites covered by the transfer of controlling interest.

 


 

    (c) Any covered employer shall provide to the successor employer and any collective bargaining representative of any of the affected employees where there is a collective bargained contract for the site, a full and accurate list containing the name, address, date of hire, and employment occupation classification of each building service employee currently employed at the site or sites covered by the terminated building service contract no more than 7 calendar days after notice that its building service contract has been terminated.

 

    (d) When providing the notice required under this Section, each covered employer shall ensure that a notice to building service employees is posted setting forth the rights provided under this Section and which includes a copy of the list provided under the preceding Sections, and that such notice is also provided to the employees' collective bargaining representative where there is a collective bargained contract for the site.  The notice and list shall be posted in the same location and manner that other statutorily required notices to employees are posted at the affected site or sites.

 

    (e) A successor employer shall retain for a 25 day transition employment period at the affected site or sites those building service employees of the terminated building service contractor and its subcontractors, or other covered employer, employed at the site or sites covered by the terminated building service contract.

 

    (f) If at any time the successor employer determines that fewer building service employees are required to perform building services at the affected building than had been performing such services under the former employer, the successor employer shall retain the predecessor building service employees by seniority within job classification; provided that during such a 25 day transition period, the successor employer shall maintain a preferential hiring list of those building service employees not retained at the building who shall be given a right of first refusal to any jobs within their classification that becomes available during that period.

 

    (g) Except as provided in subsection (f), (i) and (j) during such 25 day period, the successor contractor shall not discharge without cause an employee retained pursuant to this Section.   

 

     (h) At the end of the 25 day transition period, the successor employer shall perform a written performance evaluation for each employee retained pursuant to this Section.  If the employee's performance during such 25 day period is satisfactory, the successor contractor shall offer the employee continued employment under the terms and conditions established by the successor employer or as required by law.

 

(i)  Nothing in this Ordinance shall restrict an existing or successor employer from obtaining a background check on an employee as may be required by a federal, state or local governmental agency or from requiring that an employee undergo appropriate testing and investigation consistent with the existing or successor employer’s personnel policies.

 

(j)  Nothing in this Ordinance shall restrict an existing or successor Employer from complying with requirements of the Illinois Department of Financial and Professional Regulation.

 

    Section 4: Violation.

 

    (a) A building service employee who has been discharged or not retained in violation of this Ordinance may bring an action in court against a successor contractor and covered employer for violation of any obligation imposed pursuant to this Ordinance.

 

    (b) The following are appropriate remedies for violations of this ordinance, as a court deems just and proper:

 

(1) Injunctive Relief;


 

 

(2) Back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the higher of (i) the average regular rate of pay received by the employee during the last 3 years of the employee's employment in the same occupation classification; or (ii) the final regular rate received by the employee.

 

(3) Costs of benefits the successor employer would have incurred for the employee under the successor contractor's or employer's benefit plans.

 

(4) The building service employee's reasonable attorney's fees and costs.

 

(5) An award requiring the terminated contractor or former employer to provide the successor employer with the information required pursuant to Section 3(c) of this Ordinance.

 

(6) Any additional relief the court deems just and proper.

 

    Section 5: Exemptions.

 

The provisions of this Ordinance do not apply:

 

        (1) To any successor employer that, on or before, the effective date of the transfer of control from a predecessor covered employer to the successor employer to the commencement of services by a successor building service contractor, agrees to assume, or to be bound by, the collective bargaining agreement of the predecessor covered building service employees, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees.

 

        (2) Where there is no existing collective bargaining agreement as described in subdivision (1), to any successor employer that agrees, on or before the effective date of the transfer of control from a predecessor covered employer to the successor employer or the commencement of services by a successor building service contractor, to enter into a new collective bargaining agreement covering its building service employees, provided that the collective bargaining agreement provides terms and conditions for the discharged or laying off of employees.

 

        (3) To any successor employer whose building service employees will be accredited to a bargaining unit with a pre-existing collective bargaining agreement, provided that the collective bargaining agreement provides terms and conditions for the discharged or laying off of employees.

 

        (4) To any covered employer that obtains a written commitment from a successor employer that the successor employer's building service employees will be covered by a collective bargaining agreement falling within subdivision (1), (2), or (3).

 

    Section 6: Effective date.

 

This Ordinance shall take effect on May 1, 2006.

 

Approved and adopted this 3rd day of May 2006.


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