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. -2- LRB093 08759 JAM 08990 b 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 -3- LRB093 08759 JAM 08990 b 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, -4- LRB093 08759 JAM 08990 b 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 -5- LRB093 08759 JAM 08990 b 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 -6- LRB093 08759 JAM 08990 b 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 -7- LRB093 08759 JAM 08990 b 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 -8- LRB093 08759 JAM 08990 b 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 -9- LRB093 08759 JAM 08990 b 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 -10- LRB093 08759 JAM 08990 b 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 -11- LRB093 08759 JAM 08990 b 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 -12- LRB093 08759 JAM 08990 b 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 -13- LRB093 08759 JAM 08990 b 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 an5election upon the petition of persons not parties thereto6where more than 3 years have elapsed since the effective date7of 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.