093_HB3064

 
                                     LRB093 08759 JAM 08990 b

 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 Sections 3 and 9 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.  No
22    employee may be considered a "managerial employee" because he
23    or she belongs to  a  classification  of  employees  to  whom
24    executive  and  management functions may be delegated without
25    proof that the employee has actually been delegated executive
26    and management functions on a regular basis.  No employee may
27    be considered a  "managerial  employee"  because  he  or  she
28    performs  professional  duties.  In determining an employee's
29    status as a "managerial employee", the Board  shall  consider
30    the employee's actual job duties and responsibilities and the
31    extent  to which the employee has actual authority concerning
32    the overall  operations  and  governance  of  the  employee's
33    office or workplace.
34        (k)  "Peace  officer" means, for the purposes of this Act
 
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 1    only, any persons who have been or are hereafter appointed to
 2    a  police  force,  department,  or  agency   and   sworn   or
 3    commissioned  to  perform  police  duties,  except  that  the
 4    following   persons   are   not  included:  part-time  police
 5    officers,  special  police  officers,  auxiliary  police   as
 6    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
 7    night watchmen, "merchant police", court security officers as
 8    defined by Section 3-6012.1 of the Counties  Code,  temporary
 9    employees,  traffic guards or wardens, civilian parking meter
10    and  parking  facilities  personnel  or   other   individuals
11    specially  appointed  to  aid  or  direct  traffic at or near
12    schools or public functions or to aid  in  civil  defense  or
13    disaster,   parking   enforcement   employees   who  are  not
14    commissioned as peace officers and who are not armed and  who
15    are  not  routinely  expected  to effect arrests, parking lot
16    attendants,  clerks  and  dispatchers   or   other   civilian
17    employees  of  a  police  department  who  are  not routinely
18    expected to effect arrests, or elected officials.
19        (l)  "Person" includes one  or  more  individuals,  labor
20    organizations,  public employees, associations, corporations,
21    legal  representatives,  trustees,  trustees  in  bankruptcy,
22    receivers,  or  the  State  of  Illinois  or  any   political
23    subdivision  of  the  State  or  governing body, but does not
24    include the General Assembly of the State of Illinois or  any
25    individual  employed  by the General Assembly of the State of
26    Illinois.
27        (m)  "Professional employee" means any  employee  engaged
28    in  work  predominantly  intellectual and varied in character
29    rather than routine mental, manual,  mechanical  or  physical
30    work;  involving  the  consistent  exercise of discretion and
31    adjustment in its performance; of such a character  that  the
32    output   produced   or  the  result  accomplished  cannot  be
33    standardized in relation to  a  given  period  of  time;  and
34    requiring  advanced  knowledge  in  a  field  of  science  or
 
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 1    learning  customarily  acquired  by  a  prolonged  course  of
 2    specialized   intellectual   instruction   and  study  in  an
 3    institution  of   higher   learning   or   a   hospital,   as
 4    distinguished  from  a  general  academic  education  or from
 5    apprenticeship or from training in the performance of routine
 6    mental, manual, or physical processes; or  any  employee  who
 7    has   completed   the  courses  of  specialized  intellectual
 8    instruction and study prescribed in this subsection  (m)  and
 9    is  performing  related  work  under  the  supervision  of  a
10    professional  person  to  qualify  to  become  a professional
11    employee as defined in this subsection (m).
12        (n)  "Public employee" or "employee", for the purposes of
13    this Act, means any individual employed by a public employer,
14    including interns and  residents  at  public  hospitals,  but
15    excluding  all  of  the  following:  employees of the General
16    Assembly  of  the  State  of  Illinois;  elected   officials;
17    executive  heads  of  a  department;  members  of  boards  or
18    commissions;  employees  of  any  agency, board or commission
19    created by this Act; employees appointed to  State  positions
20    of  a  temporary or emergency nature; all employees of school
21    districts   and   higher   education   institutions    except
22    firefighters   and   peace   officers  employed  by  a  state
23    university;  managerial  employees;   short-term   employees;
24    confidential    employees;   independent   contractors;   and
25    supervisors except as provided in this Act.
26        Notwithstanding Section 9, subsection (c), or  any  other
27    provisions  of this Act, all peace officers above the rank of
28    captain  in   municipalities   with   more   than   1,000,000
29    inhabitants shall be excluded from this Act.
30        (o)  "Public  employer"  or "employer" means the State of
31    Illinois; any political subdivision of  the  State,  unit  of
32    local  government  or  school district; authorities including
33    departments,  divisions,  bureaus,  boards,  commissions,  or
34    other agencies of the  foregoing  entities;  and  any  person
 
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 1    acting  within  the scope of his or her authority, express or
 2    implied, on behalf of those  entities  in  dealing  with  its
 3    employees.  "Public  employer"  or "employer" as used in this
 4    Act, however, does not mean and shall not include the General
 5    Assembly of the State of Illinois and  educational  employers
 6    or  employers  as  defined  in the Illinois Educational Labor
 7    Relations Act, except with respect to a state  university  in
 8    its  employment  of  firefighters and peace officers.  County
 9    boards and county sheriffs shall be designated  as  joint  or
10    co-employers  of  county  peace  officers appointed under the
11    authority of a county sheriff.  Nothing  in  this  subsection
12    (o)  shall  be  construed  to  prevent the State Panel or the
13    Local Panel from determining  that  employers  are  joint  or
14    co-employers.
15        (p)  "Security   employee"   means  an  employee  who  is
16    responsible for the supervision and  control  of  inmates  at
17    correctional   facilities.   The  term  also  includes  other
18    non-security  employees  in  bargaining  units   having   the
19    majority  of  employees being responsible for the supervision
20    and control of inmates at correctional facilities.
21        (q)  "Short-term  employee"  means  an  employee  who  is
22    employed for less than 2 consecutive calendar quarters during
23    a calendar year and who does not have a reasonable  assurance
24    that  he  or she will be rehired by the same employer for the
25    same service in a subsequent calendar year.
26        (r)  "Supervisor" is an employee whose principal work  is
27    substantially  different from that of his or her subordinates
28    and who has authority, in the interest of  the  employer,  to
29    hire, transfer, suspend, lay off, recall, promote, discharge,
30    direct,  reward,  or  discipline  employees,  to adjust their
31    grievances, or to effectively recommend any of those actions,
32    if the exercise of that authority is not of a merely  routine
33    or  clerical  nature,  but  requires  the  consistent  use of
34    independent  judgment.  Except   with   respect   to   police
 
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 1    employment,   the   term  "supervisor"  includes  only  those
 2    individuals who devote a preponderance  of  their  employment
 3    time   to   exercising   that  authority,  State  supervisors
 4    notwithstanding.  In  addition,  in  determining  supervisory
 5    status in police employment, rank shall not be determinative.
 6    The  Board  shall  consider,  as  evidence of bargaining unit
 7    inclusion or exclusion, the common law  enforcement  policies
 8    and   relationships   between   police   officer   ranks  and
 9    certification under applicable civil service law, ordinances,
10    personnel codes,  or  Division  2.1  of  Article  10  of  the
11    Illinois  Municipal  Code, but these factors shall not be the
12    sole or  predominant  factors  considered  by  the  Board  in
13    determining police supervisory status.
14        Notwithstanding   the   provisions   of   the   preceding
15    paragraph,  in determining supervisory status in fire fighter
16    employment, no fire fighter shall be excluded as a supervisor
17    who has established representation rights under Section 9  of
18    this  Act.   Further,  in  new  fire fighter units, employees
19    shall consist of fire fighters of the rank of company officer
20    and below. If a company  officer  otherwise  qualifies  as  a
21    supervisor  under the preceding paragraph, however, he or she
22    shall not be included in the fire fighter unit.  If there  is
23    no  rank  between  that  of  chief  and  the  highest company
24    officer, the employer may designate a position on each  shift
25    as  a  Shift  Commander,  and  the  persons  occupying  those
26    positions  shall  be supervisors.  All other ranks above that
27    of company officer shall be supervisors.
28        (s) (1)  "Unit" means a class of jobs or  positions  that
29        are  held  by  employees  whose  collective interests may
30        suitably be  represented  by  a  labor  organization  for
31        collective  bargaining.  Except with respect to non-State
32        fire fighters and paramedics employed by fire departments
33        and fire protection districts, non-State peace  officers,
34        and  peace  officers in the Department of State Police, a
 
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 1        bargaining unit determined by the Board shall not include
 2        both employees  and  supervisors,  or  supervisors  only,
 3        except  as  provided  in paragraph (2) of this subsection
 4        (s) and except for bargaining units in existence on  July
 5        1,  1984  (the effective date of this Act).  With respect
 6        to non-State fire fighters  and  paramedics  employed  by
 7        fire departments and fire protection districts, non-State
 8        peace  officers,  and peace officers in the Department of
 9        State Police, a bargaining unit determined by  the  Board
10        shall not include both supervisors and nonsupervisors, or
11        supervisors  only, except as provided in paragraph (2) of
12        this subsection (s) and except for  bargaining  units  in
13        existence  on January 1, 1986 (the effective date of this
14        amendatory Act of 1985).  A bargaining unit determined by
15        the Board to contain  peace  officers  shall  contain  no
16        employees  other  than  peace  officers  unless otherwise
17        agreed to by the employer and the labor  organization  or
18        labor  organizations involved.  Notwithstanding any other
19        provision of this Act, a  bargaining  unit,  including  a
20        historical   bargaining   unit,  containing  sworn  peace
21        officers of the Department of Natural Resources (formerly
22        designated the Department of Conservation) shall  contain
23        no  employees  other  than such sworn peace officers upon
24        the effective date of this amendatory Act of 1990 or upon
25        the  expiration  date  of   any   collective   bargaining
26        agreement  in  effect  upon  the  effective  date of this
27        amendatory Act of 1990 covering  both  such  sworn  peace
28        officers and other employees.
29             (2)  Notwithstanding  the  exclusion  of supervisors
30        from bargaining units as provided  in  paragraph  (1)  of
31        this  subsection  (s),  a  public  employer  may agree to
32        permit its supervisory employees to form bargaining units
33        and may bargain with those units.  This Act  shall  apply
34        if  the  public  employer  chooses  to bargain under this
 
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 1        subsection.
 2    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
 3    91-798, eff. 7-9-00.)

 4        (5 ILCS 315/9) (from Ch. 48, par. 1609)
 5        Sec. 9.  Elections; recognition.
 6        (a)  Whenever in accordance with such regulations as  may
 7    be prescribed by the Board a petition has been filed:
 8             (1)  by   a  public  employee  or  group  of  public
 9        employees or  any  labor  organization  acting  in  their
10        behalf  demonstrating that 30% of the public employees in
11        an appropriate unit (A) wish to be  represented  for  the
12        purposes   of   collective    bargaining   by   a   labor
13        organization   as   exclusive   representative,   or  (B)
14        asserting that the  labor  organization  which  has  been
15        certified  or  is  currently  recognized  by  the  public
16        employer  as  bargaining  representative is no longer the
17        representative of the majority of public employees in the
18        unit; or
19             (2)  by a public employer alleging that one or  more
20        labor  organizations  have  presented  to it a claim that
21        they be recognized as the representative of a majority of
22        the public employees in an appropriate  unit,  the  Board
23        shall investigate such petition, and if it has reasonable
24        cause  to  believe  that  a  question  of  representation
25        exists, shall provide for an appropriate hearing upon due
26        notice.  Such hearing shall be held at the offices of the
27        Board  or  such  other  location  as  the   Board   deems
28        appropriate.  If  it finds upon the record of the hearing
29        that a question of representation exists, it shall direct
30        an election in accordance with  subsection  (d)  of  this
31        Section,  which election shall be held not later than 120
32        days after the date the petition was filed regardless  of
33        whether  that  petition  was  filed  before  or after the
 
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 1        effective date of this amendatory Act of 1987;  provided,
 2        however,  the  Board  may  extend the time for holding an
 3        election by an additional 60 days if, upon  motion  by  a
 4        person  who has filed a petition under this Section or is
 5        the subject of a petition filed under this Section and is
 6        a party to such hearing, or upon the Board's own  motion,
 7        the  Board  finds  that  good  cause  has  been shown for
 8        extending  the  election  date;  provided  further,  that
 9        nothing in this Section shall prohibit the Board, in  its
10        discretion,  from  extending  the  time  for  holding  an
11        election  for  so  long  as  may  be  necessary under the
12        circumstances, where the purpose for such extension is to
13        permit  resolution  by  the  Board  of  an  unfair  labor
14        practice  charge  filed  by  one  of  the  parties  to  a
15        representational proceeding against the other based  upon
16        conduct  which  may  either  affect  the  existence  of a
17        question concerning representation or have a tendency  to
18        interfere  with a fair and free election, where the party
19        filing the charge has not filed a request to proceed with
20        the election; and provided  further  that  prior  to  the
21        expiration  of  the  total  time  allotted for holding an
22        election, a person who has filed a  petition  under  this
23        Section  or is the subject of a petition filed under this
24        Section and is a party to such hearing or the Board,  may
25        move  for and obtain the entry of an order in the circuit
26        court of the county in which the majority of  the  public
27        employees sought to be represented by such person reside,
28        such  order  extending  the  date upon which the election
29        shall be held.  Such order shall be issued by the circuit
30        court only upon a judicial finding that there has been  a
31        sufficient showing that there is good cause to extend the
32        election  date  beyond  such period and shall require the
33        Board to hold the election as soon as is  feasible  given
34        the  totality  of  the circumstances. Such 120 day period
 
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 1        may be extended one or more times by the agreement of all
 2        parties to the hearing to  a  date  certain  without  the
 3        necessity  of  obtaining  a  court order. Nothing in this
 4        Section prohibits the waiving of hearings by  stipulation
 5        for  the purpose of a consent election in conformity with
 6        the rules and regulations of the Board or an election  in
 7        a  unit  agreed  upon  by  the  parties. Other interested
 8        employee organizations may intervene in  the  proceedings
 9        in  the  manner  and  within the time period specified by
10        rules and regulations of the Board.   Interested  parties
11        who  are  necessary to the proceedings may also intervene
12        in the proceedings in the  manner  and  within  the  time
13        period  specified  by  the  rules  and regulations of the
14        Board.
15        (b)  The Board shall decide in each  case,  in  order  to
16    assure public employees the fullest freedom in exercising the
17    rights  guaranteed  by  this  Act, a unit appropriate for the
18    purpose of collective bargaining, based upon but not  limited
19    to  such  factors  as:  historical  pattern  of  recognition;
20    community   of   interest   including   employee  skills  and
21    functions;     degree     of     functional      integration;
22    interchangeability and contact among employees; fragmentation
23    of  employee  groups;  common  supervision,  wages, hours and
24    other working conditions of the employees involved;  and  the
25    desires  of  the employees.  For purposes of this subsection,
26    fragmentation shall not be the  sole  or  predominant  factor
27    used  by  the  Board in determining an appropriate bargaining
28    unit.  Except with respect to  non-State  fire  fighters  and
29    paramedics  employed  by fire departments and fire protection
30    districts, non-State peace officers and peace officers in the
31    State Department of State Police, a  single  bargaining  unit
32    determined  by the Board may not include both supervisors and
33    nonsupervisors, except for bargaining units in  existence  on
34    the  effective  date  of  this Act. With respect to non-State
 
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 1    fire fighters and paramedics employed by fire departments and
 2    fire protection districts, non-State peace officers and peace
 3    officers in the State Department of State  Police,  a  single
 4    bargaining  unit determined by the Board may not include both
 5    supervisors and nonsupervisors, except for  bargaining  units
 6    in  existence on the effective date of this amendatory Act of
 7    1985.
 8        In cases involving an historical pattern of  recognition,
 9    and  in  cases where the employer has recognized the union as
10    the sole and  exclusive  bargaining  agent  for  a  specified
11    existing unit, the Board shall find the employees in the unit
12    then  represented by the union pursuant to the recognition to
13    be the appropriate unit.
14        Notwithstanding the above factors, where the majority  of
15    public  employees  of  a  craft  so  decide,  the Board shall
16    designate such craft as a unit appropriate for  the  purposes
17    of collective bargaining.
18        The  Board  shall not decide that any unit is appropriate
19    if such unit includes both professional  and  nonprofessional
20    employees,   unless  a  majority  of  each  group  votes  for
21    inclusion in such unit.
22        (c)  Nothing in this Act shall interfere with  or  negate
23    the  current  representation rights or patterns and practices
24    of labor organizations which  have  historically  represented
25    public  employees  for  the purpose of collective bargaining,
26    including but not limited to the negotiations of wages, hours
27    and working conditions, discussions of employees' grievances,
28    resolution of jurisdictional disputes, or  the  establishment
29    and  maintenance  of prevailing wage rates, unless a majority
30    of  employees  so  represented  express  a  contrary   desire
31    pursuant to the procedures set forth in this Act.
32        (d)  In instances where the employer does not voluntarily
33    recognize  a  labor  organization as the exclusive bargaining
34    representative for a  unit  of  employees,  the  Board  shall
 
                            -14-     LRB093 08759 JAM 08990 b
 1    determine the majority representative of the public employees
 2    in  an appropriate collective bargaining unit by conducting a
 3    secret ballot election. Within 7 days after the Board  issues
 4    its  bargaining  unit determination and direction of election
 5    or the execution of  a  stipulation  for  the  purpose  of  a
 6    consent  election,  the  public  employer shall submit to the
 7    labor organization the complete names and addresses of  those
 8    employees  who  are determined by the Board to be eligible to
 9    participate in the election. When the  Board  has  determined
10    that  a  labor organization has been fairly and freely chosen
11    by a majority of employees in an appropriate unit,  it  shall
12    certify  such  organization  as the exclusive representative.
13    If the Board determines that a majority of  employees  in  an
14    appropriate  unit  has  fairly  and  freely  chosen not to be
15    represented by a labor organization, it shall so certify. The
16    Board  may  also  revoke  the  certification  of  the  public
17    employee    organizations     as     exclusive     bargaining
18    representatives  which  have  been  found  by a secret ballot
19    election to be no longer the majority representative.
20        (e)  The Board shall  not  conduct  an  election  in  any
21    bargaining  unit  or  any  subdivision thereof within which a
22    valid election  has  been  held  in  the  preceding  12-month
23    period.  The Board shall determine who is eligible to vote in
24    an  election  and shall establish rules governing the conduct
25    of the election or  conduct  affecting  the  results  of  the
26    election.   The   Board  shall  include  on  a  ballot  in  a
27    representation election a choice of  "no  representation".  A
28    labor organization currently representing the bargaining unit
29    of   employees   shall   be  placed  on  the  ballot  in  any
30    representation election. In any election where  none  of  the
31    choices  on the ballot receives a majority, a runoff election
32    shall be  conducted  between  the  2  choices  receiving  the
33    largest  number of valid votes cast in the election.  A labor
34    organization which receives a majority of the votes  cast  in
 
                            -15-     LRB093 08759 JAM 08990 b
 1    an  election  shall  be  certified  by the Board as exclusive
 2    representative of all public employees in the unit.
 3        (f)  Nothing  in  this  or  any   other   Act   prohibits
 4    recognition   of   a  labor  organization  as  the  exclusive
 5    representative by a public employer by mutual consent of  the
 6    employer  and the labor organization, provided that the labor
 7    organization represents a majority of the public employees in
 8    an appropriate  unit.  Any  employee  organization  which  is
 9    designated  or  selected by the majority of public employees,
10    in a unit of the public employer having no  other  recognized
11    or  certified  representative,  as  their  representative for
12    purposes of collective bargaining may request recognition  by
13    the  public  employer  in writing.  The public employer shall
14    post such request for a period of at least 20 days  following
15    its  receipt  thereof on bulletin boards or other places used
16    or reserved for employee notices.
17        (g)  Within  the  20-day  period  any  other   interested
18    employee  organization  may  petition the Board in the manner
19    specified by rules and regulations  of  the  Board,  provided
20    that   such   interested   employee   organization  has  been
21    designated by at least 10% of the employees in an appropriate
22    bargaining unit which includes all or some of  the  employees
23    in  the  unit recognized by the employer.  In such event, the
24    Board shall proceed with the petition in the same  manner  as
25    provided by paragraph (1) of subsection (a) of this Section.
26        (h)  No  election  shall  be directed by the Board in any
27    bargaining unit where there is in force  a  valid  collective
28    bargaining  agreement.   The  Board,  however, may process an
29    election petition filed between 90 and 60 days prior  to  the
30    expiration  of  the  date  of  an  agreement, and may further
31    refine, by rule  or  decision,  the  implementation  of  this
32    provision.  Where  more  than  3 years have elapsed since the
33    effective date of the agreement, the agreement shall continue
34    to bar an election, except that  the  Board  may  process  an
 
                            -16-     LRB093 08759 JAM 08990 b
 1    election  petition  filed between 90 and 60 days prior to the
 2    end of the fourth year of such an agreement, and  between  90
 3    and  60 days prior to the end of each successive year of such
 4    agreement.  No  collective  bargaining  agreement   bars   an
 5    election  upon  the  petition  of persons not parties thereto
 6    where more than 3 years have elapsed since the effective date
 7    of the agreement.
 8        (i)  An order of the Board  dismissing  a  representation
 9    petition,   determining   and   certifying   that   a   labor
10    organization  has been fairly and freely chosen by a majority
11    of employees in an appropriate bargaining  unit,  determining
12    and  certifying that a labor organization has not been fairly
13    and  freely  chosen  by  a  majority  of  employees  in   the
14    bargaining  unit  or  certifying  a labor organization as the
15    exclusive  representative  of  employees  in  an  appropriate
16    bargaining unit because of a determination by the Board  that
17    the   labor   organization   is   the  historical  bargaining
18    representative of employees in  the  bargaining  unit,  is  a
19    final  order.   Any person aggrieved by any such order issued
20    on or after the effective date of this amendatory Act of 1987
21    may apply for and obtain judicial review in  accordance  with
22    provisions  of  the  Administrative  Review  Law,  as  now or
23    hereafter amended, except that such review shall be  afforded
24    directly in the Appellate Court for the district in which the
25    aggrieved  party  resides  or  transacts business. Any direct
26    appeal to the Appellate Court shall be filed within  35  days
27    from  the  date  that  a  copy  of  the decision sought to be
28    reviewed was served upon the party affected by the decision.
29    (Source: P.A. 87-736; 88-1.)

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