Public Act 93-0427
HB2362 Enrolled LRB093 06121 JAM 06226 b
AN ACT in relation to labor relations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 9 as follows:
(5 ILCS 315/9) (from Ch. 48, par. 1609)
Sec. 9. Elections; recognition.
(a) Whenever in accordance with such regulations as may
be prescribed by the Board a petition has been filed:
(1) by a public employee or group of public
employees or any labor organization acting in their
behalf demonstrating that 30% of the public employees in
an appropriate unit (A) wish to be represented for the
purposes of collective bargaining by a labor
organization as exclusive representative, or (B)
asserting that the labor organization which has been
certified or is currently recognized by the public
employer as bargaining representative is no longer the
representative of the majority of public employees in the
unit; or
(2) by a public employer alleging that one or more
labor organizations have presented to it a claim that
they be recognized as the representative of a majority of
the public employees in an appropriate unit, the Board
shall investigate such petition, and if it has reasonable
cause to believe that a question of representation
exists, shall provide for an appropriate hearing upon due
notice. Such hearing shall be held at the offices of the
Board or such other location as the Board deems
appropriate. If it finds upon the record of the hearing
that a question of representation exists, it shall direct
an election in accordance with subsection (d) of this
Section, which election shall be held not later than 120
days after the date the petition was filed regardless of
whether that petition was filed before or after the
effective date of this amendatory Act of 1987; provided,
however, the Board may extend the time for holding an
election by an additional 60 days if, upon motion by a
person who has filed a petition under this Section or is
the subject of a petition filed under this Section and is
a party to such hearing, or upon the Board's own motion,
the Board finds that good cause has been shown for
extending the election date; provided further, that
nothing in this Section shall prohibit the Board, in its
discretion, from extending the time for holding an
election for so long as may be necessary under the
circumstances, where the purpose for such extension is to
permit resolution by the Board of an unfair labor
practice charge filed by one of the parties to a
representational proceeding against the other based upon
conduct which may either affect the existence of a
question concerning representation or have a tendency to
interfere with a fair and free election, where the party
filing the charge has not filed a request to proceed with
the election; and provided further that prior to the
expiration of the total time allotted for holding an
election, a person who has filed a petition under this
Section or is the subject of a petition filed under this
Section and is a party to such hearing or the Board, may
move for and obtain the entry of an order in the circuit
court of the county in which the majority of the public
employees sought to be represented by such person reside,
such order extending the date upon which the election
shall be held. Such order shall be issued by the circuit
court only upon a judicial finding that there has been a
sufficient showing that there is good cause to extend the
election date beyond such period and shall require the
Board to hold the election as soon as is feasible given
the totality of the circumstances. Such 120 day period
may be extended one or more times by the agreement of all
parties to the hearing to a date certain without the
necessity of obtaining a court order. Nothing in this
Section prohibits the waiving of hearings by stipulation
for the purpose of a consent election in conformity with
the rules and regulations of the Board or an election in
a unit agreed upon by the parties. Other interested
employee organizations may intervene in the proceedings
in the manner and within the time period specified by
rules and regulations of the Board. Interested parties
who are necessary to the proceedings may also intervene
in the proceedings in the manner and within the time
period specified by the rules and regulations of the
Board.
(b) The Board shall decide in each case, in order to
assure public employees the fullest freedom in exercising the
rights guaranteed by this Act, a unit appropriate for the
purpose of collective bargaining, based upon but not limited
to such factors as: historical pattern of recognition;
community of interest including employee skills and
functions; degree of functional integration;
interchangeability and contact among employees; fragmentation
of employee groups; common supervision, wages, hours and
other working conditions of the employees involved; and the
desires of the employees. For purposes of this subsection,
fragmentation shall not be the sole or predominant factor
used by the Board in determining an appropriate bargaining
unit. Except with respect to non-State fire fighters and
paramedics employed by fire departments and fire protection
districts, non-State peace officers and peace officers in the
State Department of State Police, a single bargaining unit
determined by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on
the effective date of this Act. With respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the State Department of State Police, a single
bargaining unit determined by the Board may not include both
supervisors and nonsupervisors, except for bargaining units
in existence on the effective date of this amendatory Act of
1985.
In cases involving an historical pattern of recognition,
and in cases where the employer has recognized the union as
the sole and exclusive bargaining agent for a specified
existing unit, the Board shall find the employees in the unit
then represented by the union pursuant to the recognition to
be the appropriate unit.
Notwithstanding the above factors, where the majority of
public employees of a craft so decide, the Board shall
designate such craft as a unit appropriate for the purposes
of collective bargaining.
The Board shall not decide that any unit is appropriate
if such unit includes both professional and nonprofessional
employees, unless a majority of each group votes for
inclusion in such unit.
(c) Nothing in this Act shall interfere with or negate
the current representation rights or patterns and practices
of labor organizations which have historically represented
public employees for the purpose of collective bargaining,
including but not limited to the negotiations of wages, hours
and working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment
and maintenance of prevailing wage rates, unless a majority
of employees so represented express a contrary desire
pursuant to the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily
recognize a labor organization as the exclusive bargaining
representative for a unit of employees, the Board shall
determine the majority representative of the public employees
in an appropriate collective bargaining unit by conducting a
secret ballot election. Within 7 days after the Board issues
its bargaining unit determination and direction of election
or the execution of a stipulation for the purpose of a
consent election, the public employer shall submit to the
labor organization the complete names and addresses of those
employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined
that a labor organization has been fairly and freely chosen
by a majority of employees in an appropriate unit, it shall
certify such organization as the exclusive representative.
If the Board determines that a majority of employees in an
appropriate unit has fairly and freely chosen not to be
represented by a labor organization, it shall so certify. The
Board may also revoke the certification of the public
employee organizations as exclusive bargaining
representatives which have been found by a secret ballot
election to be no longer the majority representative.
(e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a
valid election has been held in the preceding 12-month
period. The Board shall determine who is eligible to vote in
an election and shall establish rules governing the conduct
of the election or conduct affecting the results of the
election. The Board shall include on a ballot in a
representation election a choice of "no representation". A
labor organization currently representing the bargaining unit
of employees shall be placed on the ballot in any
representation election. In any election where none of the
choices on the ballot receives a majority, a runoff election
shall be conducted between the 2 choices receiving the
largest number of valid votes cast in the election. A labor
organization which receives a majority of the votes cast in
an election shall be certified by the Board as exclusive
representative of all public employees in the unit.
(f) Nothing in this or any other Act prohibits
recognition of a labor organization as the exclusive
representative by a public employer by mutual consent of the
employer and the labor organization, provided that the labor
organization represents a majority of the public employees in
an appropriate unit. Any employee organization which is
designated or selected by the majority of public employees,
in a unit of the public employer having no other recognized
or certified representative, as their representative for
purposes of collective bargaining may request recognition by
the public employer in writing. The public employer shall
post such request for a period of at least 20 days following
its receipt thereof on bulletin boards or other places used
or reserved for employee notices.
(g) Within the 20-day period any other interested
employee organization may petition the Board in the manner
specified by rules and regulations of the Board, provided
that such interested employee organization has been
designated by at least 10% of the employees in an appropriate
bargaining unit which includes all or some of the employees
in the unit recognized by the employer. In such event, the
Board shall proceed with the petition in the same manner as
provided by paragraph (1) of subsection (a) of this Section.
(h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an
election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further
refine, by rule or decision, the implementation of this
provision. Where more than 4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the
end of the fifth year of such an agreement, and between 90
and 60 days prior to the end of each successive year of such
agreement. No collective bargaining agreement bars an
election upon the petition of persons not parties thereto
where more than 3 years have elapsed since the effective date
of the agreement.
(i) An order of the Board dismissing a representation
petition, determining and certifying that a labor
organization has been fairly and freely chosen by a majority
of employees in an appropriate bargaining unit, determining
and certifying that a labor organization has not been fairly
and freely chosen by a majority of employees in the
bargaining unit or certifying a labor organization as the
exclusive representative of employees in an appropriate
bargaining unit because of a determination by the Board that
the labor organization is the historical bargaining
representative of employees in the bargaining unit, is a
final order. Any person aggrieved by any such order issued
on or after the effective date of this amendatory Act of 1987
may apply for and obtain judicial review in accordance with
provisions of the Administrative Review Law, as now or
hereafter amended, except that such review shall be afforded
directly in the Appellate Court for the district in which the
aggrieved party resides or transacts business. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
(Source: P.A. 87-736; 88-1.)
Section 99. Effective date. This Act takes effect upon
becoming law.