093_HB1454

 
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 1        AN ACT concerning public labor relations.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Labor Relations Act is
 5    amended 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
 8    context otherwise requires:
 9        (a)  "Board" means the Illinois Labor Relations Board or,
10    with  respect  to a matter over which the jurisdiction of the
11    Board is assigned to the State Panel or the Local Panel under
12    Section 5, the panel having jurisdiction over the matter.
13        (b)  "Collective bargaining" means bargaining over  terms
14    and  conditions  of  employment,  including hours, wages, and
15    other conditions of employment, as detailed in Section 7  and
16    which are not excluded by Section 4.
17        (c)  "Confidential  employee"  means  an employee who, in
18    the regular course of his or her duties, assists and acts  in
19    a  confidential capacity to persons who formulate, determine,
20    and effectuate  management  policies  with  regard  to  labor
21    relations or who, in the regular course of his or her duties,
22    has   authorized   access  to  information  relating  to  the
23    effectuation  or  review   of   the   employer's   collective
24    bargaining policies.
25        (d)  "Craft  employees"  means skilled journeymen, crafts
26    persons, and their apprentices and helpers.
27        (e)  "Essential services employees"  means  those  public
28    employees   performing   functions   so  essential  that  the
29    interruption or termination of the function will constitute a
30    clear and present danger to the  health  and  safety  of  the
31    persons in the affected community.
 
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 1        (f)  "Exclusive  representative",  except with respect to
 2    non-State fire  fighters  and  paramedics  employed  by  fire
 3    departments  and  fire  protection districts, non-State peace
 4    officers, and peace  officers  in  the  Department  of  State
 5    Police,  means  the  labor  organization  that  has  been (i)
 6    designated by the Board as the representative of  a  majority
 7    of  public  employees  in  an  appropriate bargaining unit in
 8    accordance with the procedures contained in  this  Act,  (ii)
 9    historically  recognized  by  the  State  of  Illinois or any
10    political subdivision of the State before July 1,  1984  (the
11    effective  date  of this Act) as the exclusive representative
12    of the employees in an appropriate bargaining unit, or  (iii)
13    after   July  1,  1984  (the  effective  date  of  this  Act)
14    recognized by an employer upon evidence,  acceptable  to  the
15    Board, that the labor organization has been designated as the
16    exclusive representative by a majority of the employees in an
17    appropriate bargaining unit.
18        With  respect  to  non-State fire fighters and paramedics
19    employed by fire departments and fire  protection  districts,
20    non-State   peace   officers,   and  peace  officers  in  the
21    Department of State Police, "exclusive representative"  means
22    the  labor  organization  that has been (i) designated by the
23    Board as the representative of a majority of  peace  officers
24    or  fire  fighters  in  an  appropriate  bargaining  unit  in
25    accordance  with  the  procedures contained in this Act, (ii)
26    historically recognized by  the  State  of  Illinois  or  any
27    political  subdivision  of  the  State before January 1, 1986
28    (the effective date of this amendatory Act of  1985)  as  the
29    exclusive  representative by a majority of the peace officers
30    or fire fighters in an appropriate bargaining unit, or  (iii)
31    after  January 1, 1986 (the effective date of this amendatory
32    Act  of  1985)  recognized  by  an  employer  upon  evidence,
33    acceptable to the Board, that the labor organization has been
34    designated as the exclusive representative by a  majority  of
 
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 1    the  peace  officers  or  fire  fighters  in  an  appropriate
 2    bargaining unit.
 3        (g)  "Fair  share  agreement"  means an agreement between
 4    the employer and an employee organization under which all  or
 5    any  of  the  employees  in  a collective bargaining unit are
 6    required to pay their proportionate share of the costs of the
 7    collective bargaining process, contract  administration,  and
 8    pursuing matters affecting wages, hours, and other conditions
 9    of employment, but not to exceed the amount of dues uniformly
10    required  of  members.  The amount certified by the exclusive
11    representative shall not include any fees  for  contributions
12    related  to  the  election  or  support  of any candidate for
13    political  office.  Nothing  in  this  subsection  (g)  shall
14    preclude  an  employee  from   making   voluntary   political
15    contributions  in  conjunction  with  his  or  her fair share
16    payment.
17        (g-1)  "Fire fighter" means, for the purposes of this Act
18    only, any person who has been or is hereafter appointed to  a
19    fire  department or fire protection district or employed by a
20    state university and sworn or commissioned  to  perform  fire
21    fighter duties or paramedic duties, except that the following
22    persons are not included: part-time fire fighters, auxiliary,
23    reserve  or  voluntary  fire fighters, including paid on-call
24    fire fighters,  clerks  and  dispatchers  or  other  civilian
25    employees  of  a  fire department or fire protection district
26    who are  not  routinely  expected  to  perform  fire  fighter
27    duties, or elected officials.
28        (g-2)  "General  Assembly of the State of Illinois" means
29    the legislative branch of the  government  of  the  State  of
30    Illinois,   as   provided   for   under  Article  IV  of  the
31    Constitution of the State of Illinois, and  includes  but  is
32    not  limited to the House of Representatives, the Senate, the
33    Speaker of the House of Representatives, the Minority  Leader
34    of the House of Representatives, the President of the Senate,
 
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 1    the  Minority  Leader  of  the Senate, the Joint Committee on
 2    Legislative Support  Services  and  any  legislative  support
 3    services   agency   listed   in  the  Legislative  Commission
 4    Reorganization Act of 1984.
 5        (h)  "Governing body" means, in the case  of  the  State,
 6    the  State  Panel  of the Illinois Labor Relations Board, the
 7    Director of the Department of  Central  Management  Services,
 8    and the Director of the Department of Labor; the county board
 9    in  the  case  of  a county; the corporate authorities in the
10    case of a municipality; and the appropriate  body  authorized
11    to  provide  for expenditures of its funds in the case of any
12    other unit of government.
13        (i)  "Labor organization" means any organization in which
14    public employees participate and that exists for the purpose,
15    in whole or in  part,  of  dealing  with  a  public  employer
16    concerning  wages,  hours,  and other terms and conditions of
17    employment, including the settlement of grievances.
18        (j)  "Managerial employee" means  an  individual  who  is
19    engaged  predominantly  in executive and management functions
20    and is charged  with  the  responsibility  of  directing  the
21    effectuation of management policies and practices.
22        (k)  "Peace  officer" means, for the purposes of this Act
23    only, any persons who have been or are hereafter appointed to
24    a  police  force,  department,  or  agency   and   sworn   or
25    commissioned  to  perform  police  duties,  except  that  the
26    following   persons   are   not  included:  part-time  police
27    officers,  special  police  officers,  auxiliary  police   as
28    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
29    night watchmen, "merchant police", court security officers as
30    defined by Section 3-6012.1 of the Counties  Code,  temporary
31    employees,  traffic guards or wardens, civilian parking meter
32    and  parking  facilities  personnel  or   other   individuals
33    specially  appointed  to  aid  or  direct  traffic at or near
34    schools or public functions or to aid  in  civil  defense  or
 
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 1    disaster,   parking   enforcement   employees   who  are  not
 2    commissioned as peace officers and who are not armed and  who
 3    are  not  routinely  expected  to effect arrests, parking lot
 4    attendants,  clerks  and  dispatchers   or   other   civilian
 5    employees  of  a  police  department  who  are  not routinely
 6    expected to effect arrests, or elected officials.
 7        (l)  "Person" includes one  or  more  individuals,  labor
 8    organizations,  public employees, associations, corporations,
 9    legal  representatives,  trustees,  trustees  in  bankruptcy,
10    receivers,  or  the  State  of  Illinois  or  any   political
11    subdivision  of  the  State  or  governing body, but does not
12    include the General Assembly of the State of Illinois or  any
13    individual  employed  by the General Assembly of the State of
14    Illinois.
15        (m)  "Professional employee" means any  employee  engaged
16    in  work  predominantly  intellectual and varied in character
17    rather than routine mental, manual,  mechanical  or  physical
18    work;  involving  the  consistent  exercise of discretion and
19    adjustment in its performance; of such a character  that  the
20    output   produced   or  the  result  accomplished  cannot  be
21    standardized in relation to  a  given  period  of  time;  and
22    requiring  advanced  knowledge  in  a  field  of  science  or
23    learning  customarily  acquired  by  a  prolonged  course  of
24    specialized   intellectual   instruction   and  study  in  an
25    institution  of   higher   learning   or   a   hospital,   as
26    distinguished  from  a  general  academic  education  or from
27    apprenticeship or from training in the performance of routine
28    mental, manual, or physical processes; or  any  employee  who
29    has   completed   the  courses  of  specialized  intellectual
30    instruction and study prescribed in this subsection  (m)  and
31    is  performing  related  work  under  the  supervision  of  a
32    professional  person  to  qualify  to  become  a professional
33    employee as defined in this subsection (m).
34        (n)  "Public employee" or "employee", for the purposes of
 
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 1    this Act, means any individual employed by a public employer,
 2    including interns and  residents  at  public  hospitals,  but
 3    excluding  all  of  the  following:  employees of the General
 4    Assembly  of  the  State  of  Illinois;  elected   officials;
 5    executive  heads  of  a  department;  members  of  boards  or
 6    commissions;  employees  of  any  agency, board or commission
 7    created by this Act; employees appointed to  State  positions
 8    of  a  temporary or emergency nature; all employees of school
 9    districts   and   higher   education   institutions    except
10    firefighters   and   peace   officers  employed  by  a  state
11    university; managerial employees except as provided  in  this
12    Act;    short-term    employees;    confidential   employees;
13    independent contractors; and supervisors except  as  provided
14    in  this  Act.   "Public employee" or "employee" includes all
15    positions under the Personnel Code with direct management  or
16    supervisory  responsibilities  for  State  parks,  lands,  or
17    historical sites, whether any such positions are deemed to be
18    "supervisory" or "managerial" under this Act.
19        Notwithstanding  Section  9, subsection (c), or any other
20    provisions of this Act, all peace officers above the rank  of
21    captain   in   municipalities   with   more   than  1,000,000
22    inhabitants shall be excluded from this Act.
23        (o)  "Public employer" or "employer" means the  State  of
24    Illinois;  any  political  subdivision  of the State, unit of
25    local government or school  district;  authorities  including
26    departments,  divisions,  bureaus,  boards,  commissions,  or
27    other  agencies  of  the  foregoing  entities; and any person
28    acting within the scope of his or her authority,  express  or
29    implied,  on  behalf  of  those  entities in dealing with its
30    employees. "Public employer" or "employer" as  used  in  this
31    Act, however, does not mean and shall not include the General
32    Assembly  of  the State of Illinois and educational employers
33    or employers as defined in  the  Illinois  Educational  Labor
34    Relations  Act,  except with respect to a state university in
 
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 1    its employment of firefighters and  peace  officers.   County
 2    boards  and  county  sheriffs shall be designated as joint or
 3    co-employers of county peace  officers  appointed  under  the
 4    authority  of  a  county sheriff.  Nothing in this subsection
 5    (o) shall be construed to prevent  the  State  Panel  or  the
 6    Local  Panel  from  determining  that  employers are joint or
 7    co-employers.
 8        (p)  "Security  employee"  means  an  employee   who   is
 9    responsible  for  the  supervision  and control of inmates at
10    correctional  facilities.   The  term  also  includes   other
11    non-security   employees   in  bargaining  units  having  the
12    majority of employees being responsible for  the  supervision
13    and control of inmates at correctional facilities.
14        (q)  "Short-term  employee"  means  an  employee  who  is
15    employed for less than 2 consecutive calendar quarters during
16    a  calendar year and who does not have a reasonable assurance
17    that he or she will be rehired by the same employer  for  the
18    same service in a subsequent calendar year.
19        (r)  "Supervisor"  is an employee whose principal work is
20    substantially different from that of his or her  subordinates
21    and  who  has  authority, in the interest of the employer, to
22    hire, transfer, suspend, lay off, recall, promote, discharge,
23    direct, reward, or  discipline  employees,  to  adjust  their
24    grievances, or to effectively recommend any of those actions,
25    if  the exercise of that authority is not of a merely routine
26    or clerical  nature,  but  requires  the  consistent  use  of
27    independent   judgment.   Except   with   respect  to  police
28    employment,  the  term  "supervisor"  includes   only   those
29    individuals  who  devote  a preponderance of their employment
30    time  to  exercising  that   authority,   State   supervisors
31    notwithstanding.   In  addition,  in  determining supervisory
32    status in police employment, rank shall not be determinative.
33    The Board shall consider,  as  evidence  of  bargaining  unit
34    inclusion  or  exclusion, the common law enforcement policies
 
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 1    and  relationships   between   police   officer   ranks   and
 2    certification under applicable civil service law, ordinances,
 3    personnel  codes,  or  Division  2.1  of  Article  10  of the
 4    Illinois Municipal Code, but these factors shall not  be  the
 5    sole  or  predominant  factors  considered  by  the  Board in
 6    determining police supervisory status.
 7        Notwithstanding   the   provisions   of   the   preceding
 8    paragraph, in determining supervisory status in fire  fighter
 9    employment, no fire fighter shall be excluded as a supervisor
10    who  has established representation rights under Section 9 of
11    this Act.  Further, in  new  fire  fighter  units,  employees
12    shall consist of fire fighters of the rank of company officer
13    and  below.  If  a  company  officer otherwise qualifies as a
14    supervisor under the preceding paragraph, however, he or  she
15    shall  not be included in the fire fighter unit.  If there is
16    no rank  between  that  of  chief  and  the  highest  company
17    officer,  the employer may designate a position on each shift
18    as  a  Shift  Commander,  and  the  persons  occupying  those
19    positions shall be supervisors.  All other ranks  above  that
20    of company officer shall be supervisors.
21        (s) (1)  "Unit"  means  a class of jobs or positions that
22        are held by  employees  whose  collective  interests  may
23        suitably  be  represented  by  a  labor  organization for
24        collective bargaining.  Except with respect to  non-State
25        fire fighters and paramedics employed by fire departments
26        and  fire protection districts, non-State peace officers,
27        and peace officers in the Department of State  Police,  a
28        bargaining unit determined by the Board shall not include
29        both  employees  and  supervisors,  or  supervisors only,
30        except as provided in paragraph (2)  of  this  subsection
31        (s)  and except for bargaining units in existence on July
32        1, 1984 (the effective date of this Act).   With  respect
33        to  non-State  fire  fighters  and paramedics employed by
34        fire departments and fire protection districts, non-State
 
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 1        peace officers, and peace officers in the  Department  of
 2        State  Police,  a bargaining unit determined by the Board
 3        shall not include both supervisors and nonsupervisors, or
 4        supervisors only, except as provided in paragraph (2)  of
 5        this  subsection  (s)  and except for bargaining units in
 6        existence on January 1, 1986 (the effective date of  this
 7        amendatory Act of 1985).  A bargaining unit determined by
 8        the  Board  to  contain  peace  officers shall contain no
 9        employees other  than  peace  officers  unless  otherwise
10        agreed  to  by the employer and the labor organization or
11        labor organizations involved.  Notwithstanding any  other
12        provision  of  this  Act,  a bargaining unit, including a
13        historical  bargaining  unit,  containing   sworn   peace
14        officers of the Department of Natural Resources (formerly
15        designated  the Department of Conservation) shall contain
16        no employees other than such sworn  peace  officers  upon
17        the effective date of this amendatory Act of 1990 or upon
18        the   expiration   date   of  any  collective  bargaining
19        agreement in effect  upon  the  effective  date  of  this
20        amendatory  Act  of  1990  covering both such sworn peace
21        officers and other employees.
22             (2)  Notwithstanding the  exclusion  of  supervisors
23        from  bargaining  units  as  provided in paragraph (1) of
24        this subsection (s),  a  public  employer  may  agree  to
25        permit its supervisory employees to form bargaining units
26        and  may  bargain with those units.  This Act shall apply
27        if the public employer  chooses  to  bargain  under  this
28        subsection.
29    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
30    91-798, eff. 7-9-00.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.