Rep. Elizabeth Hernandez

Filed: 4/12/2013

 

 


 

 


 
09800HB0259ham001LRB098 03118 JDS 44555 a

1
AMENDMENT TO HOUSE BILL 259

2    AMENDMENT NO. ______. Amend House Bill 259 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.

 

 

09800HB0259ham001- 2 -LRB098 03118 JDS 44555 a

1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8    (d) "Craft employees" means skilled journeymen, crafts
9persons, and their apprentices and helpers.
10    (e) "Essential services employees" means those public
11employees performing functions so essential that the
12interruption or termination of the function will constitute a
13clear and present danger to the health and safety of the
14persons in the affected community.
15    (f) "Exclusive representative", except with respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Department of State Police,
19means the labor organization that has been (i) designated by
20the Board as the representative of a majority of public
21employees in an appropriate bargaining unit in accordance with
22the procedures contained in this Act, (ii) historically
23recognized by the State of Illinois or any political
24subdivision of the State before July 1, 1984 (the effective
25date of this Act) as the exclusive representative of the
26employees in an appropriate bargaining unit, (iii) after July

 

 

09800HB0259ham001- 3 -LRB098 03118 JDS 44555 a

11, 1984 (the effective date of this Act) recognized by an
2employer upon evidence, acceptable to the Board, that the labor
3organization has been designated as the exclusive
4representative by a majority of the employees in an appropriate
5bargaining unit; (iv) recognized as the exclusive
6representative of personal care attendants or personal
7assistants under Executive Order 2003-8 prior to the effective
8date of this amendatory Act of the 93rd General Assembly, and
9the organization shall be considered to be the exclusive
10representative of the personal care attendants or personal
11assistants as defined in this Section; or (v) recognized as the
12exclusive representative of child and day care home providers,
13including licensed and license exempt providers, pursuant to an
14election held under Executive Order 2005-1 prior to the
15effective date of this amendatory Act of the 94th General
16Assembly, and the organization shall be considered to be the
17exclusive representative of the child and day care home
18providers as defined in this Section.
19    With respect to non-State fire fighters and paramedics
20employed by fire departments and fire protection districts,
21non-State peace officers, and peace officers in the Department
22of State Police, "exclusive representative" means the labor
23organization that has been (i) designated by the Board as the
24representative of a majority of peace officers or fire fighters
25in an appropriate bargaining unit in accordance with the
26procedures contained in this Act, (ii) historically recognized

 

 

09800HB0259ham001- 4 -LRB098 03118 JDS 44555 a

1by the State of Illinois or any political subdivision of the
2State before January 1, 1986 (the effective date of this
3amendatory Act of 1985) as the exclusive representative by a
4majority of the peace officers or fire fighters in an
5appropriate bargaining unit, or (iii) after January 1, 1986
6(the effective date of this amendatory Act of 1985) recognized
7by an employer upon evidence, acceptable to the Board, that the
8labor organization has been designated as the exclusive
9representative by a majority of the peace officers or fire
10fighters in an appropriate bargaining unit.
11    Where a historical pattern of representation exists for the
12workers of a water system that was owned by a public utility,
13as defined in Section 3-105 of the Public Utilities Act, prior
14to becoming certified employees of a municipality or
15municipalities once the municipality or municipalities have
16acquired the water system as authorized in Section 11-124-5 of
17the Illinois Municipal Code, the Board shall find the labor
18organization that has historically represented the workers to
19be the exclusive representative under this Act, and shall find
20the unit represented by the exclusive representative to be the
21appropriate unit.
22    (g) "Fair share agreement" means an agreement between the
23employer and an employee organization under which all or any of
24the employees in a collective bargaining unit are required to
25pay their proportionate share of the costs of the collective
26bargaining process, contract administration, and pursuing

 

 

09800HB0259ham001- 5 -LRB098 03118 JDS 44555 a

1matters affecting wages, hours, and other conditions of
2employment, but not to exceed the amount of dues uniformly
3required of members. The amount certified by the exclusive
4representative shall not include any fees for contributions
5related to the election or support of any candidate for
6political office. Nothing in this subsection (g) shall preclude
7an employee from making voluntary political contributions in
8conjunction with his or her fair share payment.
9    (g-1) "Fire fighter" means, for the purposes of this Act
10only, any person who has been or is hereafter appointed to a
11fire department or fire protection district or employed by a
12state university and sworn or commissioned to perform fire
13fighter duties or paramedic duties, except that the following
14persons are not included: part-time fire fighters, auxiliary,
15reserve or voluntary fire fighters, including paid on-call fire
16fighters, clerks and dispatchers or other civilian employees of
17a fire department or fire protection district who are not
18routinely expected to perform fire fighter duties, or elected
19officials.
20    (g-2) "General Assembly of the State of Illinois" means the
21legislative branch of the government of the State of Illinois,
22as provided for under Article IV of the Constitution of the
23State of Illinois, and includes but is not limited to the House
24of Representatives, the Senate, the Speaker of the House of
25Representatives, the Minority Leader of the House of
26Representatives, the President of the Senate, the Minority

 

 

09800HB0259ham001- 6 -LRB098 03118 JDS 44555 a

1Leader of the Senate, the Joint Committee on Legislative
2Support Services and any legislative support services agency
3listed in the Legislative Commission Reorganization Act of
41984.
5    (h) "Governing body" means, in the case of the State, the
6State Panel of the Illinois Labor Relations Board, the Director
7of the Department of Central Management Services, and the
8Director of the Department of Labor; the county board in the
9case of a county; the corporate authorities in the case of a
10municipality; and the appropriate body authorized to provide
11for expenditures of its funds in the case of any other unit of
12government.
13    (i) "Labor organization" means any organization in which
14public employees participate and that exists for the purpose,
15in whole or in part, of dealing with a public employer
16concerning wages, hours, and other terms and conditions of
17employment, including the settlement of grievances.
18    (j) "Managerial employee" means an individual who is
19engaged predominantly in executive and management functions
20and is charged with the responsibility of directing the
21effectuation of management policies and practices.
22    (k) "Peace officer" means, for the purposes of this Act
23only, any persons who have been or are hereafter appointed to a
24coroner's office and any persons who have been or are hereafter
25appointed to a police force, department, or agency and sworn or
26commissioned to perform police duties, except that the

 

 

09800HB0259ham001- 7 -LRB098 03118 JDS 44555 a

1following persons are not included: part-time police officers,
2special police officers, auxiliary police as defined by Section
33.1-30-20 of the Illinois Municipal Code, night watchmen,
4"merchant police", court security officers as defined by
5Section 3-6012.1 of the Counties Code, temporary employees,
6traffic guards or wardens, civilian parking meter and parking
7facilities personnel or other individuals specially appointed
8to aid or direct traffic at or near schools or public functions
9or to aid in civil defense or disaster, parking enforcement
10employees who are not commissioned as peace officers and who
11are not armed and who are not routinely expected to effect
12arrests, parking lot attendants, clerks and dispatchers or
13other civilian employees of a police department who are not
14routinely expected to effect arrests, or elected officials.
15    (l) "Person" includes one or more individuals, labor
16organizations, public employees, associations, corporations,
17legal representatives, trustees, trustees in bankruptcy,
18receivers, or the State of Illinois or any political
19subdivision of the State or governing body, but does not
20include the General Assembly of the State of Illinois or any
21individual employed by the General Assembly of the State of
22Illinois.
23    (m) "Professional employee" means any employee engaged in
24work predominantly intellectual and varied in character rather
25than routine mental, manual, mechanical or physical work;
26involving the consistent exercise of discretion and adjustment

 

 

09800HB0259ham001- 8 -LRB098 03118 JDS 44555 a

1in its performance; of such a character that the output
2produced or the result accomplished cannot be standardized in
3relation to a given period of time; and requiring advanced
4knowledge in a field of science or learning customarily
5acquired by a prolonged course of specialized intellectual
6instruction and study in an institution of higher learning or a
7hospital, as distinguished from a general academic education or
8from apprenticeship or from training in the performance of
9routine mental, manual, or physical processes; or any employee
10who has completed the courses of specialized intellectual
11instruction and study prescribed in this subsection (m) and is
12performing related work under the supervision of a professional
13person to qualify to become a professional employee as defined
14in this subsection (m).
15    (n) "Public employee" or "employee", for the purposes of
16this Act, means any individual employed by a public employer,
17including (i) interns and residents at public hospitals, (ii)
18as of the effective date of this amendatory Act of the 93rd
19General Assembly, but not before, personal care attendants and
20personal assistants working under the Home Services Program
21under Section 3 of the Disabled Persons Rehabilitation Act,
22subject to the limitations set forth in this Act and in the
23Disabled Persons Rehabilitation Act, (iii) as of the effective
24date of this amendatory Act of the 94th General Assembly, but
25not before, child and day care home providers participating in
26the child care assistance program under Section 9A-11 of the

 

 

09800HB0259ham001- 9 -LRB098 03118 JDS 44555 a

1Illinois Public Aid Code, subject to the limitations set forth
2in this Act and in Section 9A-11 of the Illinois Public Aid
3Code, and (iv) as of the effective date of this amendatory Act
4of the 97th General Assembly, but not before except as
5otherwise provided in this subsection (n), home care and home
6health workers who function as personal care attendants,
7personal assistants, and individual maintenance home health
8workers and who also work under the Home Services Program under
9Section 3 of the Disabled Persons Rehabilitation Act, no matter
10whether the State provides those services through direct
11fee-for-service arrangements, with the assistance of a managed
12care organization or other intermediary, or otherwise, but
13excluding all of the following: employees of the General
14Assembly of the State of Illinois; elected officials; executive
15heads of a department; members of boards or commissions; the
16Executive Inspectors General; any special Executive Inspectors
17General; employees of each Office of an Executive Inspector
18General; commissioners and employees of the Executive Ethics
19Commission; the Auditor General's Inspector General; employees
20of the Office of the Auditor General's Inspector General; the
21Legislative Inspector General; any special Legislative
22Inspectors General; employees of the Office of the Legislative
23Inspector General; commissioners and employees of the
24Legislative Ethics Commission; employees of any agency, board
25or commission created by this Act; employees appointed to State
26positions of a temporary or emergency nature; all employees of

 

 

09800HB0259ham001- 10 -LRB098 03118 JDS 44555 a

1school districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on the effective date of
5this amendatory Act of the 96th General Assembly; managerial
6employees; short-term employees; confidential employees;
7independent contractors; and supervisors except as provided in
8this Act.
9    Home care and home health workers who function as personal
10care attendants, personal assistants, and individual
11maintenance home health workers and who also work under the
12Home Services Program under Section 3 of the Disabled Persons
13Rehabilitation Act shall not be considered public employees for
14any purposes not specifically provided for in Public Act 93-204
15or this amendatory Act of the 97th General Assembly, including
16but not limited to, purposes of vicarious liability in tort and
17purposes of statutory retirement or health insurance benefits.
18Home care and home health workers who function as personal care
19attendants, personal assistants, and individual maintenance
20home health workers and who also work under the Home Services
21Program under Section 3 of the Disabled Persons Rehabilitation
22Act shall not be covered by the State Employees Group Insurance
23Act of 1971 (5 ILCS 375/).
24    Child and day care home providers shall not be considered
25public employees for any purposes not specifically provided for
26in this amendatory Act of the 94th General Assembly, including

 

 

09800HB0259ham001- 11 -LRB098 03118 JDS 44555 a

1but not limited to, purposes of vicarious liability in tort and
2purposes of statutory retirement or health insurance benefits.
3Child and day care home providers shall not be covered by the
4State Employees Group Insurance Act of 1971.
5    Notwithstanding Section 9, subsection (c), or any other
6provisions of this Act, all peace officers above the rank of
7captain in municipalities with more than 1,000,000 inhabitants
8shall be excluded from this Act.
9    (o) Except as otherwise in subsection (o-5), "public
10employer" or "employer" means the State of Illinois; any
11political subdivision of the State, unit of local government or
12school district; authorities including departments, divisions,
13bureaus, boards, commissions, or other agencies of the
14foregoing entities; and any person acting within the scope of
15his or her authority, express or implied, on behalf of those
16entities in dealing with its employees. As of the effective
17date of the amendatory Act of the 93rd General Assembly, but
18not before, the State of Illinois shall be considered the
19employer of the personal care attendants and personal
20assistants working under the Home Services Program under
21Section 3 of the Disabled Persons Rehabilitation Act, subject
22to the limitations set forth in this Act and in the Disabled
23Persons Rehabilitation Act. As of the effective date of this
24amendatory Act of the 97th General Assembly, but not before
25except as otherwise provided in this subsection (o), the State
26shall be considered the employer of home care and home health

 

 

09800HB0259ham001- 12 -LRB098 03118 JDS 44555 a

1workers who function as personal care attendants, personal
2assistants, and individual maintenance home health workers and
3who also work under the Home Services Program under Section 3
4of the Disabled Persons Rehabilitation Act, no matter whether
5the State provides those services through direct
6fee-for-service arrangements, with the assistance of a managed
7care organization or other intermediary, or otherwise, but
8subject to the limitations set forth in this Act and the
9Disabled Persons Rehabilitation Act. The State shall not be
10considered to be the employer of home care and home health
11workers who function as personal care attendants, personal
12assistants, and individual maintenance home health workers and
13who also work under the Home Services Program under Section 3
14of the Disabled Persons Rehabilitation Act, for any purposes
15not specifically provided for in Public Act 93-204 or this
16amendatory Act of the 97th General Assembly, including but not
17limited to, purposes of vicarious liability in tort and
18purposes of statutory retirement or health insurance benefits.
19Home care and home health workers who function as personal care
20attendants, personal assistants, and individual maintenance
21home health workers and who also work under the Home Services
22Program under Section 3 of the Disabled Persons Rehabilitation
23Act shall not be covered by the State Employees Group Insurance
24Act of 1971 (5 ILCS 375/). As of the effective date of this
25amendatory Act of the 94th General Assembly but not before, the
26State of Illinois shall be considered the employer of the day

 

 

09800HB0259ham001- 13 -LRB098 03118 JDS 44555 a

1and child care home providers participating in the child care
2assistance program under Section 9A-11 of the Illinois Public
3Aid Code, subject to the limitations set forth in this Act and
4in Section 9A-11 of the Illinois Public Aid Code. The State
5shall not be considered to be the employer of child and day
6care home providers for any purposes not specifically provided
7for in this amendatory Act of the 94th General Assembly,
8including but not limited to, purposes of vicarious liability
9in tort and purposes of statutory retirement or health
10insurance benefits. Child and day care home providers shall not
11be covered by the State Employees Group Insurance Act of 1971.
12    "Public employer" or "employer" as used in this Act,
13however, does not mean and shall not include the General
14Assembly of the State of Illinois, the Executive Ethics
15Commission, the Offices of the Executive Inspectors General,
16the Legislative Ethics Commission, the Office of the
17Legislative Inspector General, the Office of the Auditor
18General's Inspector General, and educational employers or
19employers as defined in the Illinois Educational Labor
20Relations Act, except with respect to a state university in its
21employment of firefighters and peace officers and except with
22respect to a school district in the employment of peace
23officers in its own police department in existence on the
24effective date of this amendatory Act of the 96th General
25Assembly. County boards and county sheriffs shall be designated
26as joint or co-employers of county peace officers appointed

 

 

09800HB0259ham001- 14 -LRB098 03118 JDS 44555 a

1under the authority of a county sheriff. Nothing in this
2subsection (o) shall be construed to prevent the State Panel or
3the Local Panel from determining that employers are joint or
4co-employers.
5    (o-5) With respect to wages, fringe benefits, hours,
6holidays, vacations, proficiency examinations, sick leave, and
7other conditions of employment, the public employer of public
8employees who are court reporters, as defined in the Court
9Reporters Act, shall be determined as follows:
10        (1) For court reporters employed by the Cook County
11    Judicial Circuit, the chief judge of the Cook County
12    Circuit Court is the public employer and employer
13    representative.
14        (2) For court reporters employed by the 12th, 18th,
15    19th, and, on and after December 4, 2006, the 22nd judicial
16    circuits, a group consisting of the chief judges of those
17    circuits, acting jointly by majority vote, is the public
18    employer and employer representative.
19        (3) For court reporters employed by all other judicial
20    circuits, a group consisting of the chief judges of those
21    circuits, acting jointly by majority vote, is the public
22    employer and employer representative.
23    (p) "Security employee" means an employee who is
24responsible for the supervision and control of inmates at
25correctional facilities. The term also includes other
26non-security employees in bargaining units having the majority

 

 

09800HB0259ham001- 15 -LRB098 03118 JDS 44555 a

1of employees being responsible for the supervision and control
2of inmates at correctional facilities.
3    (q) "Short-term employee" means an employee who is employed
4for less than 2 consecutive calendar quarters during a calendar
5year and who does not have a reasonable assurance that he or
6she will be rehired by the same employer for the same service
7in a subsequent calendar year.
8    (r) "Supervisor" is an employee whose principal work is
9substantially different from that of his or her subordinates
10and who has authority, in the interest of the employer, to
11hire, transfer, suspend, lay off, recall, promote, discharge,
12direct, reward, or discipline employees, to adjust their
13grievances, or to effectively recommend any of those actions,
14if the exercise of that authority is not of a merely routine or
15clerical nature, but requires the consistent use of independent
16judgment. Except with respect to police employment, the term
17"supervisor" includes only those individuals who devote a
18preponderance of their employment time to exercising that
19authority, State supervisors notwithstanding. In addition, in
20determining supervisory status in police employment, rank
21shall not be determinative. The Board shall consider, as
22evidence of bargaining unit inclusion or exclusion, the common
23law enforcement policies and relationships between police
24officer ranks and certification under applicable civil service
25law, ordinances, personnel codes, or Division 2.1 of Article 10
26of the Illinois Municipal Code, but these factors shall not be

 

 

09800HB0259ham001- 16 -LRB098 03118 JDS 44555 a

1the sole or predominant factors considered by the Board in
2determining police supervisory status.
3    Notwithstanding the provisions of the preceding paragraph,
4in determining supervisory status in fire fighter employment,
5no fire fighter shall be excluded as a supervisor who has
6established representation rights under Section 9 of this Act.
7Further, in new fire fighter units, employees shall consist of
8fire fighters of the rank of company officer and below. If a
9company officer otherwise qualifies as a supervisor under the
10preceding paragraph, however, he or she shall not be included
11in the fire fighter unit. If there is no rank between that of
12chief and the highest company officer, the employer may
13designate a position on each shift as a Shift Commander, and
14the persons occupying those positions shall be supervisors. All
15other ranks above that of company officer shall be supervisors.
16    (s)(1) "Unit" means a class of jobs or positions that are
17held by employees whose collective interests may suitably be
18represented by a labor organization for collective bargaining.
19Except with respect to non-State fire fighters and paramedics
20employed by fire departments and fire protection districts,
21non-State peace officers, and peace officers in the Department
22of State Police, a bargaining unit determined by the Board
23shall not include both employees and supervisors, or
24supervisors only, except as provided in paragraph (2) of this
25subsection (s) and except for bargaining units in existence on
26July 1, 1984 (the effective date of this Act). With respect to

 

 

09800HB0259ham001- 17 -LRB098 03118 JDS 44555 a

1non-State fire fighters and paramedics employed by fire
2departments and fire protection districts, non-State peace
3officers, and peace officers in the Department of State Police,
4a bargaining unit determined by the Board shall not include
5both supervisors and nonsupervisors, or supervisors only,
6except as provided in paragraph (2) of this subsection (s) and
7except for bargaining units in existence on January 1, 1986
8(the effective date of this amendatory Act of 1985). A
9bargaining unit determined by the Board to contain peace
10officers shall contain no employees other than peace officers
11unless otherwise agreed to by the employer and the labor
12organization or labor organizations involved. Notwithstanding
13any other provision of this Act, a bargaining unit, including a
14historical bargaining unit, containing sworn peace officers of
15the Department of Natural Resources (formerly designated the
16Department of Conservation) shall contain no employees other
17than such sworn peace officers upon the effective date of this
18amendatory Act of 1990 or upon the expiration date of any
19collective bargaining agreement in effect upon the effective
20date of this amendatory Act of 1990 covering both such sworn
21peace officers and other employees.
22    (2) Notwithstanding the exclusion of supervisors from
23bargaining units as provided in paragraph (1) of this
24subsection (s), a public employer may agree to permit its
25supervisory employees to form bargaining units and may bargain
26with those units. This Act shall apply if the public employer

 

 

09800HB0259ham001- 18 -LRB098 03118 JDS 44555 a

1chooses to bargain under this subsection.
2    (3) Public employees who are court reporters, as defined in
3the Court Reporters Act, shall be divided into 3 units for
4collective bargaining purposes. One unit shall be court
5reporters employed by the Cook County Judicial Circuit; one
6unit shall be court reporters employed by the 12th, 18th, 19th,
7and, on and after December 4, 2006, the 22nd judicial circuits;
8and one unit shall be court reporters employed by all other
9judicial circuits.
10(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11;
1197-1158, eff. 1-29-13.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".