Executive Committee
Adopted in House Comm. on Mar 31, 2004
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1 | AMENDMENT TO HOUSE BILL 5445
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2 | AMENDMENT NO. ______. Amend House Bill 5445 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing
Sections 3 and 4 and adding Section 2.5 as | ||||||
6 | follows:
| ||||||
7 | (5 ILCS 315/2.5 new)
| ||||||
8 | Sec. 2.5. Findings and declarations; court reporters. The | ||||||
9 | General Assembly
finds and
declares:
| ||||||
10 | (1) It is the public policy of the State of Illinois and | ||||||
11 | the intent of the
General Assembly that State employees, | ||||||
12 | including the Illinois official
certified court reporters, are | ||||||
13 | granted collective bargaining rights as provided
in this Act.
| ||||||
14 | (2) The Illinois Supreme Court in the case of AOIC v. | ||||||
15 | Teamsters 726 ruled
that the Illinois Public Labor Relations | ||||||
16 | Board could not assert jurisdiction
over the Illinois official | ||||||
17 | certified court reporters because the Supreme Court
is their | ||||||
18 | co-employer together with the Chief Judges of each judicial | ||||||
19 | circuit.
| ||||||
20 | (3) As a result of the Supreme Court's decision, the | ||||||
21 | Illinois official
certified
court
reporters have been denied | ||||||
22 | the labor rights afforded all other State employees,
including | ||||||
23 | the rights
to organize, to obtain recognition of their chosen | ||||||
24 | collective bargaining
representative, and to
negotiate with |
| |||||||
| |||||||
1 | respect to the wages, terms, and conditions of their | ||||||
2 | employment.
| ||||||
3 | (4) The General Assembly intends to create a statutory | ||||||
4 | framework to allow
Illinois
official court reporters to enjoy | ||||||
5 | the same collective bargaining and other
labor rights granted | ||||||
6 | to other
public employees.
| ||||||
7 | (5) Senate Resolution 431 and House Resolution 706, both of | ||||||
8 | the 92nd General
Assembly, were adopted, and in enacting this | ||||||
9 | amendatory Act of the 93rd General
Assembly, the
General | ||||||
10 | Assembly is implementing the intent of those resolutions.
| ||||||
11 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| ||||||
12 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
13 | context
otherwise requires:
| ||||||
14 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
15 | with respect to a matter over which the
jurisdiction of the | ||||||
16 | Board is assigned to the State Panel or the Local Panel
under | ||||||
17 | Section 5, the panel having jurisdiction over the matter.
| ||||||
18 | (b) "Collective bargaining" means bargaining over terms | ||||||
19 | and conditions
of employment, including hours, wages, and other | ||||||
20 | conditions of employment,
as detailed in Section 7 and which | ||||||
21 | are not excluded by Section 4.
| ||||||
22 | (c) "Confidential employee" means an employee who, in the | ||||||
23 | regular course
of his or her duties, assists and acts in a | ||||||
24 | confidential capacity to persons
who formulate, determine, and | ||||||
25 | effectuate management policies with regard
to labor relations | ||||||
26 | or who, in the regular course of his or her duties, has
| ||||||
27 | authorized access to information relating to the effectuation
| ||||||
28 | or review of the employer's collective bargaining policies.
| ||||||
29 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
30 | persons, and their
apprentices and helpers.
| ||||||
31 | (e) "Essential services employees" means those public | ||||||
32 | employees
performing functions so essential that the | ||||||
33 | interruption or termination of
the function will constitute a |
| |||||||
| |||||||
1 | clear and present danger to the health and
safety of the | ||||||
2 | persons in the affected community.
| ||||||
3 | (f) "Exclusive representative", except with respect to | ||||||
4 | non-State fire
fighters and paramedics employed by fire | ||||||
5 | departments and fire protection
districts, non-State peace | ||||||
6 | officers, and peace officers in the
Department of State Police, | ||||||
7 | means the labor organization that has
been (i) designated by | ||||||
8 | the Board as the representative of a majority of public
| ||||||
9 | employees in an appropriate bargaining unit in accordance with | ||||||
10 | the procedures
contained in this Act, (ii) historically
| ||||||
11 | recognized by the State of Illinois or
any political | ||||||
12 | subdivision of the State before July 1, 1984
(the effective | ||||||
13 | date of this
Act) as the exclusive representative of the | ||||||
14 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
15 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
16 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
17 | organization has been designated as the exclusive | ||||||
18 | representative by a
majority of the employees in an appropriate | ||||||
19 | bargaining unit;
or (iv) recognized as the exclusive | ||||||
20 | representative of personal care attendants
or personal
| ||||||
21 | assistants under Executive Order 2003-8 prior to the effective | ||||||
22 | date of this
amendatory
Act of the 93rd General Assembly, and | ||||||
23 | the organization shall be considered to
be the
exclusive | ||||||
24 | representative of the personal care attendants or personal | ||||||
25 | assistants
as defined
in this Section.
| ||||||
26 | With respect to non-State fire fighters and paramedics | ||||||
27 | employed by fire
departments and fire protection districts, | ||||||
28 | non-State peace officers, and
peace officers in the Department | ||||||
29 | of State Police,
"exclusive representative" means the labor | ||||||
30 | organization that has
been (i) designated by the Board as the | ||||||
31 | representative of a majority of peace
officers or fire fighters | ||||||
32 | in an appropriate bargaining unit in accordance
with the | ||||||
33 | procedures contained in this Act, (ii)
historically recognized
| ||||||
34 | by the State of Illinois or any political subdivision of the |
| |||||||
| |||||||
1 | State before
January 1, 1986 (the effective date of this | ||||||
2 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
3 | majority of the peace officers or fire fighters in an
| ||||||
4 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
5 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
6 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
7 | labor organization has been designated as the exclusive
| ||||||
8 | representative by a majority of the peace officers or fire | ||||||
9 | fighters in an
appropriate bargaining unit.
| ||||||
10 | (g) "Fair share agreement" means an agreement between the | ||||||
11 | employer and
an employee organization under which all or any of | ||||||
12 | the employees in a
collective bargaining unit are required to | ||||||
13 | pay their proportionate share of
the costs of the collective | ||||||
14 | bargaining process, contract administration, and
pursuing | ||||||
15 | matters affecting wages, hours, and other conditions of | ||||||
16 | employment,
but not to exceed the amount of dues uniformly | ||||||
17 | required of members. The
amount certified by the exclusive | ||||||
18 | representative shall not include any fees
for contributions | ||||||
19 | related to the election or support of any candidate for
| ||||||
20 | political office. Nothing in this subsection (g) shall
preclude | ||||||
21 | an employee from making
voluntary political contributions in | ||||||
22 | conjunction with his or her fair share
payment.
| ||||||
23 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
24 | only, any
person who has been or is hereafter appointed to a | ||||||
25 | fire department or fire
protection district or employed by a | ||||||
26 | state university and sworn or
commissioned to perform fire | ||||||
27 | fighter duties or paramedic duties, except that the
following | ||||||
28 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
29 | reserve or voluntary fire fighters, including paid on-call fire
| ||||||
30 | fighters, clerks and dispatchers or other civilian employees of | ||||||
31 | a fire
department or fire protection district who are not | ||||||
32 | routinely expected to
perform fire fighter duties, or elected | ||||||
33 | officials.
| ||||||
34 | (g-2) "General Assembly of the State of Illinois" means the
|
| |||||||
| |||||||
1 | legislative branch of the government of the State of Illinois, | ||||||
2 | as provided
for under Article IV of the Constitution of the | ||||||
3 | State of Illinois, and
includes but is not limited to the House | ||||||
4 | of Representatives, the Senate,
the Speaker of the House of | ||||||
5 | Representatives, the Minority Leader of the
House of | ||||||
6 | Representatives, the President of the Senate, the Minority | ||||||
7 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
8 | Support Services and any
legislative support services agency | ||||||
9 | listed in the Legislative Commission
Reorganization Act of | ||||||
10 | 1984.
| ||||||
11 | (h) "Governing body" means, in the case of the State, the | ||||||
12 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
13 | of the Department of Central
Management Services, and the | ||||||
14 | Director of the Department of Labor; the county
board in the | ||||||
15 | case of a county; the corporate authorities in the case of a
| ||||||
16 | municipality; and the appropriate body authorized to provide | ||||||
17 | for expenditures
of its funds in the case of any other unit of | ||||||
18 | government.
| ||||||
19 | (i) "Labor organization" means any organization in which | ||||||
20 | public employees
participate and that exists for the purpose, | ||||||
21 | in whole or in part, of dealing
with a public employer | ||||||
22 | concerning wages, hours, and other terms and conditions
of | ||||||
23 | employment, including the settlement of grievances.
| ||||||
24 | (j) "Managerial employee" means an individual who is | ||||||
25 | engaged
predominantly in executive and management functions | ||||||
26 | and is charged with the
responsibility of directing the | ||||||
27 | effectuation of management policies
and practices.
| ||||||
28 | (k) "Peace officer" means, for the purposes of this Act | ||||||
29 | only, any
persons who have been or are hereafter appointed to a | ||||||
30 | police force,
department, or agency and sworn or commissioned | ||||||
31 | to perform police duties,
except that the following persons are | ||||||
32 | not
included: part-time police
officers, special police | ||||||
33 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
34 | the Illinois Municipal Code, night watchmen, "merchant |
| |||||||
| |||||||
1 | police",
court security officers as defined by Section 3-6012.1 | ||||||
2 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
3 | wardens, civilian parking meter and
parking facilities | ||||||
4 | personnel or other individuals specially appointed to
aid or | ||||||
5 | direct traffic at or near schools or public functions or to aid | ||||||
6 | in
civil defense or disaster, parking enforcement employees who | ||||||
7 | are not
commissioned as peace officers and who are not armed | ||||||
8 | and who are not
routinely expected to effect arrests, parking | ||||||
9 | lot attendants, clerks and
dispatchers or other civilian | ||||||
10 | employees of a police department who are not
routinely expected | ||||||
11 | to effect arrests, or elected officials.
| ||||||
12 | (l) "Person" includes one or more individuals, labor | ||||||
13 | organizations, public
employees, associations, corporations, | ||||||
14 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
15 | receivers, or the State of Illinois or any political
| ||||||
16 | subdivision of the State or governing body, but does not | ||||||
17 | include the General
Assembly of the State of Illinois or any | ||||||
18 | individual employed by the General
Assembly of the State of | ||||||
19 | Illinois.
| ||||||
20 | (m) "Professional employee" means any employee engaged in | ||||||
21 | work predominantly
intellectual and varied in character rather | ||||||
22 | than routine mental, manual,
mechanical or physical work; | ||||||
23 | involving the consistent exercise of discretion
and adjustment | ||||||
24 | in its performance; of such a character that the output | ||||||
25 | produced
or the result accomplished cannot be standardized in | ||||||
26 | relation to a given
period of time; and requiring advanced | ||||||
27 | knowledge in a field of science or
learning customarily | ||||||
28 | acquired by a prolonged course of specialized intellectual
| ||||||
29 | instruction and study in an institution of higher learning or a | ||||||
30 | hospital,
as distinguished from a general academic education or | ||||||
31 | from apprenticeship
or from training in the performance of | ||||||
32 | routine mental, manual, or physical
processes; or any employee | ||||||
33 | who has completed the courses of specialized
intellectual | ||||||
34 | instruction and study prescribed in this subsection (m) and is
|
| |||||||
| |||||||
1 | performing related
work under the supervision of a professional | ||||||
2 | person to qualify to become
a professional employee as defined | ||||||
3 | in this subsection (m).
| ||||||
4 | (n) "Public employee" or "employee", for the purposes of | ||||||
5 | this Act, means
any individual employed by a public employer, | ||||||
6 | including interns and residents
at public hospitals
and, as of | ||||||
7 | the effective date of this amendatory Act of the 93rd General
| ||||||
8 | Assembly, but not
before, personal care attendants and personal | ||||||
9 | assistants working under the Home
Services
Program under | ||||||
10 | Section 3 of the Disabled Persons Rehabilitation Act, subject | ||||||
11 | to
the
limitations set forth in this Act and in the Disabled | ||||||
12 | Persons Rehabilitation
Act,
but excluding all of the following: | ||||||
13 | employees of the
General Assembly of the State of Illinois; | ||||||
14 | elected officials; executive
heads of a department; members of | ||||||
15 | boards or commissions; the Executive
Inspectors General; any | ||||||
16 | special Executive Inspectors General; employees of each
Office | ||||||
17 | of an Executive Inspector General;
commissioners and employees | ||||||
18 | of the Executive Ethics Commission; the Auditor
General's | ||||||
19 | Inspector General; employees of the Office of the Auditor | ||||||
20 | General's
Inspector General; the Legislative Inspector | ||||||
21 | General; any special Legislative
Inspectors General; employees | ||||||
22 | of the Office
of the Legislative Inspector General;
| ||||||
23 | commissioners and employees of the Legislative Ethics | ||||||
24 | Commission;
employees
of any
agency, board or commission | ||||||
25 | created by this Act; employees appointed to
State positions of | ||||||
26 | a temporary or emergency nature; all employees of school
| ||||||
27 | districts and higher education institutions except | ||||||
28 | firefighters and peace
officers employed
by a state university; | ||||||
29 | managerial employees; short-term employees;
confidential | ||||||
30 | employees; independent contractors; and supervisors except as
| ||||||
31 | provided in this Act.
| ||||||
32 | Personal care attendants and personal assistants shall not | ||||||
33 | be considered
public
employees for any purposes not | ||||||
34 | specifically provided for in this amendatory Act
of the
93rd |
| |||||||
| |||||||
1 | General Assembly, including but not limited to, purposes of | ||||||
2 | vicarious
liability in tort
and purposes of statutory | ||||||
3 | retirement or health insurance benefits. Personal
care
| ||||||
4 | attendants and personal assistants shall not be covered by the | ||||||
5 | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
6 | Notwithstanding Section 9, subsection (c), or any other | ||||||
7 | provisions of
this Act, all peace officers above the rank of | ||||||
8 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
9 | shall be excluded
from this Act.
| ||||||
10 | (o) Except as otherwise in subsection (o-5), " public
Public | ||||||
11 | employer" or "employer" means the State of Illinois; any
| ||||||
12 | political subdivision of the State, unit of local government or | ||||||
13 | school
district; authorities including departments, divisions, | ||||||
14 | bureaus, boards,
commissions, or other agencies of the | ||||||
15 | foregoing entities; and any person
acting within the scope of | ||||||
16 | his or her authority, express or implied, on
behalf of those | ||||||
17 | entities in dealing with its employees.
As of the effective | ||||||
18 | date of this amendatory Act of the 93rd General Assembly,
but | ||||||
19 | not
before, the State of Illinois shall be considered the | ||||||
20 | employer of the personal
care
attendants and personal | ||||||
21 | assistants working under the Home Services Program
under
| ||||||
22 | Section 3 of the Disabled Persons Rehabilitation Act, subject | ||||||
23 | to the
limitations set forth
in this Act and in the Disabled | ||||||
24 | Persons Rehabilitation Act. The State shall not
be
considered | ||||||
25 | to be the employer of personal care attendants and personal
| ||||||
26 | assistants for any
purposes not specifically provided for in | ||||||
27 | this amendatory Act of the 93rd
General
Assembly, including but | ||||||
28 | not limited to, purposes of vicarious liability in tort
and
| ||||||
29 | purposes of statutory retirement or health insurance benefits. | ||||||
30 | Personal care
attendants
and personal assistants shall not be | ||||||
31 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
32 | ILCS 375/).
"Public employer" or
"employer" as used in this | ||||||
33 | Act, however, does not
mean and shall not include the General | ||||||
34 | Assembly of the State of Illinois,
the Executive Ethics |
| |||||||
| |||||||
1 | Commission, the Offices of the Executive Inspectors
General, | ||||||
2 | the Legislative Ethics Commission, the Office of the | ||||||
3 | Legislative
Inspector General, the Office of the Auditor | ||||||
4 | General's Inspector General,
and educational employers or | ||||||
5 | employers as defined in the Illinois
Educational Labor | ||||||
6 | Relations Act, except with respect to a state university in
its | ||||||
7 | employment of firefighters and peace officers. County boards | ||||||
8 | and county
sheriffs shall be
designated as joint or | ||||||
9 | co-employers of county peace officers appointed
under the | ||||||
10 | authority of a county sheriff. Nothing in this subsection
(o) | ||||||
11 | shall be construed
to prevent the State Panel or the Local | ||||||
12 | Panel
from determining that employers are joint or | ||||||
13 | co-employers.
| ||||||
14 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
15 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
16 | other conditions of
employment, the public employer of public | ||||||
17 | employees who are court reporters, as
defined in the Court | ||||||
18 | Reporters Act, shall be determined as
follows:
| ||||||
19 | (1) For court reporters employed by the Cook County | ||||||
20 | Judicial
Circuit, the chief judge of the Cook County | ||||||
21 | Circuit
Court is the public employer and employer | ||||||
22 | representative.
| ||||||
23 | (2) For court reporters employed by the 12th, 18th, and | ||||||
24 | 19th judicial
circuits, a group consisting of the chief | ||||||
25 | judges of those circuits, acting
jointly by majority vote, | ||||||
26 | is the public employer and employer representative.
| ||||||
27 | (3) For court reporters employed by all other judicial | ||||||
28 | circuits,
a group consisting of the chief judges of those | ||||||
29 | circuits, acting jointly by
majority vote, is the public | ||||||
30 | employer and employer representative.
| ||||||
31 | (p) "Security employee" means an employee who is | ||||||
32 | responsible for the
supervision and control of inmates at | ||||||
33 | correctional facilities. The term
also includes other | ||||||
34 | non-security employees in bargaining units having the
majority |
| |||||||
| |||||||
1 | of employees being responsible for the supervision and control | ||||||
2 | of
inmates at correctional facilities.
| ||||||
3 | (q) "Short-term employee" means an employee who is employed | ||||||
4 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
5 | year and who does
not have a reasonable assurance that he or | ||||||
6 | she will be rehired by the
same employer for the same service | ||||||
7 | in a subsequent calendar year.
| ||||||
8 | (r) "Supervisor" is an employee whose principal work is | ||||||
9 | substantially
different from that of his or her subordinates | ||||||
10 | and who has authority, in the
interest of the employer, to | ||||||
11 | hire, transfer, suspend, lay off, recall,
promote, discharge, | ||||||
12 | direct, reward, or discipline employees, to adjust
their | ||||||
13 | grievances, or to effectively recommend any of those actions, | ||||||
14 | if the
exercise
of that authority is not of a merely routine or | ||||||
15 | clerical nature, but
requires the consistent use of independent | ||||||
16 | judgment. Except with respect to
police employment, the term | ||||||
17 | "supervisor" includes only those individuals
who devote a | ||||||
18 | preponderance of their employment time to exercising that
| ||||||
19 | authority, State supervisors notwithstanding. In addition, in | ||||||
20 | determining
supervisory status in police employment, rank | ||||||
21 | shall not be determinative.
The Board shall consider, as | ||||||
22 | evidence of bargaining unit inclusion or
exclusion, the common | ||||||
23 | law enforcement policies and relationships between
police | ||||||
24 | officer ranks and certification under applicable civil service | ||||||
25 | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | ||||||
26 | of the Illinois
Municipal Code, but these factors shall not
be | ||||||
27 | the sole or predominant factors considered by the Board in | ||||||
28 | determining
police supervisory status.
| ||||||
29 | Notwithstanding the provisions of the preceding paragraph, | ||||||
30 | in determining
supervisory status in fire fighter employment, | ||||||
31 | no fire fighter shall be
excluded as a supervisor who has | ||||||
32 | established representation rights under
Section 9 of this Act. | ||||||
33 | Further, in new fire fighter units, employees shall
consist of | ||||||
34 | fire fighters of the rank of company officer and below. If a |
| |||||||
| |||||||
1 | company officer otherwise qualifies as a supervisor under the | ||||||
2 | preceding paragraph, however, he or she shall
not be included | ||||||
3 | in the fire fighter
unit. If there is no rank between that of | ||||||
4 | chief and the
highest company officer, the employer may | ||||||
5 | designate a position on each
shift as a Shift Commander, and | ||||||
6 | the persons occupying those positions shall
be supervisors. All | ||||||
7 | other ranks above that of company officer shall be
supervisors.
| ||||||
8 | (s) (1) "Unit" means a class of jobs or positions that are | ||||||
9 | held by
employees whose collective interests may suitably | ||||||
10 | be represented by a labor
organization for collective | ||||||
11 | bargaining. Except with respect to non-State fire
fighters | ||||||
12 | and paramedics employed by fire departments and fire | ||||||
13 | protection
districts, non-State peace officers, and peace | ||||||
14 | officers in the Department of
State Police, a bargaining | ||||||
15 | unit determined by the Board shall not include both
| ||||||
16 | employees and supervisors, or supervisors only, except as | ||||||
17 | provided in paragraph
(2) of this subsection (s) and except | ||||||
18 | for bargaining units in existence on July
1, 1984 (the | ||||||
19 | effective date of this Act). With respect to non-State fire
| ||||||
20 | fighters and paramedics employed by fire departments and | ||||||
21 | fire protection
districts, non-State peace officers, and | ||||||
22 | peace officers in the Department of
State Police, a | ||||||
23 | bargaining unit determined by the Board shall not include | ||||||
24 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
25 | except as provided in
paragraph (2) of this subsection (s) | ||||||
26 | and except for bargaining units in
existence on January 1, | ||||||
27 | 1986 (the effective date of this amendatory Act of
1985). A | ||||||
28 | bargaining unit determined by the Board to contain peace | ||||||
29 | officers
shall contain no employees other than peace | ||||||
30 | officers unless otherwise agreed to
by the employer and the | ||||||
31 | labor organization or labor organizations involved.
| ||||||
32 | Notwithstanding any other provision of this Act, a | ||||||
33 | bargaining unit, including a
historical bargaining unit, | ||||||
34 | containing sworn peace officers of the Department
of |
| |||||||
| |||||||
1 | Natural Resources (formerly designated the Department of | ||||||
2 | Conservation) shall
contain no employees other than such | ||||||
3 | sworn peace officers upon the effective
date of this | ||||||
4 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
5 | collective bargaining agreement in effect upon the | ||||||
6 | effective date of this
amendatory Act of 1990 covering both | ||||||
7 | such sworn peace officers and other
employees.
| ||||||
8 | (2) Notwithstanding the exclusion of supervisors from | ||||||
9 | bargaining units
as provided in paragraph (1) of this | ||||||
10 | subsection (s), a public
employer may agree to permit its | ||||||
11 | supervisory employees to form bargaining units
and may | ||||||
12 | bargain with those units. This Act shall apply if the | ||||||
13 | public employer
chooses to bargain under this subsection.
| ||||||
14 | (3) Public employees who are court reporters, as | ||||||
15 | defined
in the Court Reporters Act,
shall be divided into 3 | ||||||
16 | units for collective bargaining purposes. One unit
shall be | ||||||
17 | court reporters employed by the Cook County Judicial | ||||||
18 | Circuit; one
unit shall be court reporters employed by the | ||||||
19 | 12th, 18th, and 19th judicial
circuits; and one unit shall | ||||||
20 | be court reporters employed by all other
judicial circuits.
| ||||||
21 | (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
| ||||||
22 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| ||||||
23 | Sec. 4. Management Rights. Employers shall not be required | ||||||
24 | to bargain
over matters of inherent managerial policy, which | ||||||
25 | shall include such areas
of discretion or policy as the | ||||||
26 | functions of the employer, standards of
services,
its overall | ||||||
27 | budget, the organizational structure and selection of new
| ||||||
28 | employees, examination techniques
and direction of employees. | ||||||
29 | Employers, however, shall be required to bargain
collectively | ||||||
30 | with regard to
policy matters directly affecting wages, hours | ||||||
31 | and terms and conditions of employment
as well as the impact | ||||||
32 | thereon upon request by employee representatives.
| ||||||
33 | To preserve the rights of employers and exclusive |
| |||||||
| |||||||
1 | representatives which
have established collective bargaining | ||||||
2 | relationships or negotiated collective
bargaining agreements | ||||||
3 | prior to the effective date of this Act, employers
shall be | ||||||
4 | required to bargain collectively with regard to any matter | ||||||
5 | concerning
wages, hours or conditions of employment about which | ||||||
6 | they have bargained
for and agreed to in a collective | ||||||
7 | bargaining agreement
prior to the effective date of this Act.
| ||||||
8 | The chief judge of the judicial circuit that employs a | ||||||
9 | public employee who
is
a court reporter, as defined in the | ||||||
10 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
11 | promote, evaluate, discipline, and discharge court reporters
| ||||||
12 | within that judicial circuit.
| ||||||
13 | Nothing in this amendatory Act of the 93rd General Assembly | ||||||
14 | shall
be construed to intrude upon the judicial functions of | ||||||
15 | any court. This
amendatory Act of the 93rd General Assembly | ||||||
16 | applies only to nonjudicial
administrative matters relating | ||||||
17 | the collective bargaining rights of court
reporters.
| ||||||
18 | (Source: P.A. 83-1012.)
| ||||||
19 | Section 10. The Court Reporters Act is amended by changing
| ||||||
20 | Sections 1, 3, 4, 4.1, 5, 6, 7, and 8 and adding Section 8.1 as | ||||||
21 | follows:
| ||||||
22 | (705 ILCS 70/1) (from Ch. 37, par. 651)
| ||||||
23 | Sec. 1. Definitions. In this Act:
| ||||||
24 | "Court reporter" , for the purposes
of this Act, means any | ||||||
25 | person
appointed by the chief judge of any circuit to perform | ||||||
26 | the duties
prescribed in Section 5 of this Act.
| ||||||
27 | "Employer representative" means, with respect to wages, | ||||||
28 | fringe
benefits, hours, holidays, vacation, proficiency
| ||||||
29 | examinations, sick leave, and other conditions of
employment:
| ||||||
30 | (1) For court reporters employed by the Cook County | ||||||
31 | Judicial
Circuit, the chief judge of the Cook County | ||||||
32 | Circuit Court.
|
| |||||||
| |||||||
1 | (2) For court reporters employed by the 12th, 18th, and | ||||||
2 | 19th judicial
circuits, a group consisting of the chief | ||||||
3 | judges of those circuits, acting
jointly by majority vote.
| ||||||
4 | (3) For court reporters employed by all other judicial | ||||||
5 | circuits, the
chief judges of those circuits, acting | ||||||
6 | jointly by majority vote.
| ||||||
7 | The chief judge of the judicial circuit that employs a | ||||||
8 | public employee who
is
a court reporter, as defined in the | ||||||
9 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
10 | promote, evaluate, discipline, and discharge court reporters
| ||||||
11 | within that judicial circuit.
| ||||||
12 | (Source: Laws 1965, p. 2616.)
| ||||||
13 | (705 ILCS 70/3) (from Ch. 37, par. 653)
| ||||||
14 | Sec. 3. Number ; determination and certification by
supreme | ||||||
15 | court .
The number of full-time and part-time court reporters | ||||||
16 | that may be
appointed in each circuit shall be determined by | ||||||
17 | the
employer representative
Supreme Court . In
determining how | ||||||
18 | many court reporters are needed in each circuit the
employer | ||||||
19 | representative
Supreme
Court shall consider the following | ||||||
20 | factors: (1) case loads in the circuit;
(2) the number of | ||||||
21 | associate judges and circuit judges in the circuit; (3)
the | ||||||
22 | number and location in the circuit of major federal and state | ||||||
23 | highways;
(4) the location in the circuit of state police | ||||||
24 | highway truck weighing
stations; (5) the relationship of urban | ||||||
25 | population to large metropolitan
centers in the various | ||||||
26 | counties of the circuit; (6) the location in the
circuit of | ||||||
27 | state institutions including, but not limited to, | ||||||
28 | universities,
colleges, mental health facilities, | ||||||
29 | penitentiaries; (7) the number of
cities and towns within each | ||||||
30 | circuit in which regular court sessions are
held and the | ||||||
31 | distance in road miles between each; and (8) any other factor
| ||||||
32 | deemed relevant by the
employer representative
Supreme Court .
| ||||||
33 | The employer representative
The Supreme Court shall |
| |||||||
| |||||||
1 | certify in writing
to each chief judge the
number of full-time | ||||||
2 | and part-time court reporters the chief judge may
appoint in | ||||||
3 | his circuit and
may, as the need arises, increase or lower the
| ||||||
4 | number of such court reporters so authorized.
| ||||||
5 | The Chief Judge of each circuit may designate any number of | ||||||
6 | Supreme
Court approved full-time court reporter positions as | ||||||
7 | time share positions.
For the purposes of this Act, "time share | ||||||
8 | position" means a full-time
court reporter position that is | ||||||
9 | divided among 2 or more court reporters
with the full-time | ||||||
10 | salary and benefits being apportioned among the court
reporters | ||||||
11 | in the same percentage as the duties of the full-time position
| ||||||
12 | are apportioned.
| ||||||
13 | (Source: P.A. 86-827.)
| ||||||
14 | (705 ILCS 70/4) (from Ch. 37, par. 654)
| ||||||
15 | Sec. 4. Appointment; oath. The chief judge may appoint all | ||||||
16 | or any of the
number of court
reporters authorized by Section 3 | ||||||
17 | of this Act
certification of the
Supreme Court . The court
| ||||||
18 | reporters so appointed shall serve at the direction
pleasure of | ||||||
19 | the
chief judge and
may be removed by the chief judge.
| ||||||
20 | Each court reporter appointed shall, before entering upon | ||||||
21 | the duties of
his office, take the official oath to faithfully | ||||||
22 | discharge the duties of
his office to the best of his knowledge | ||||||
23 | and ability.
| ||||||
24 | The appointments shall be in writing and shall be filed | ||||||
25 | with the
Clerk of the Circuit Court of the circuit in which the | ||||||
26 | court reporters are
employed
Supreme Court and shall continue | ||||||
27 | in force until revoked by the
chief judge
of the circuit in | ||||||
28 | which the court reporter is appointed.
| ||||||
29 | (Source: P.A. 84-1395.)
| ||||||
30 | (705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
| ||||||
31 | Sec. 4.1. Appointment and salary of administrative | ||||||
32 | personnel.
|
| |||||||
| |||||||
1 | (a) The
employer representative
Supreme Court may | ||||||
2 | authorize the chief judge of
any single county circuit
in which | ||||||
3 | official court reporting services are centrally administered,
| ||||||
4 | (1) to appoint from among the court reporters appointed in the | ||||||
5 | circuit
an Administrator of Court Reporters, a Deputy | ||||||
6 | Administrator of Court
Reporters and 2 Assistant | ||||||
7 | Administrators of Court Reporters, (2) to
designate from among | ||||||
8 | the court reporters appointed in the circuit one
Reporter | ||||||
9 | Supervisor and one Assistant Reporter Supervisor for each
| ||||||
10 | Department and Division of the circuit court, and (3) to | ||||||
11 | appoint
secretarial and other support staff to assist the | ||||||
12 | Administrator. Each
Administrator, Deputy Administrator, | ||||||
13 | Assistant Administrator, Reporter
Supervisor, and Assistant | ||||||
14 | Reporter Supervisor shall have an "A" proficiency
rating, by | ||||||
15 | examination, as provided in Section 7.
| ||||||
16 | (b) Administrative personnel appointed under this Section | ||||||
17 | shall be
paid by the State.
| ||||||
18 | (1) In addition to their regular salary as official court | ||||||
19 | reporters,
the administrative personnel appointed under this | ||||||
20 | Section shall be paid
such additional sums as the employer | ||||||
21 | representative
Supreme Court
specifies. Such
sums shall be | ||||||
22 | included in the pay schedule adopted pursuant to Section
8. The | ||||||
23 | additional amounts paid shall reflect the burden of
| ||||||
24 | administrative responsibility borne by the administrative | ||||||
25 | personnel and
the consequent lack of opportunity to produce | ||||||
26 | transcripts of testimony.
The additional amounts paid to such | ||||||
27 | personnel shall not exceed the
following:
| ||||||
28 | (A) Administrator of Court Reporters: $20,000 per | ||||||
29 | year;
| ||||||
30 | (B) Deputy Administrator of Court Reporters: $15,000 | ||||||
31 | per year;
| ||||||
32 | (C) Assistant Administrators of Court Reporters: | ||||||
33 | $13,000 per year;
| ||||||
34 | (D) Reporter Supervisors: $10,000 per year.
|
| |||||||
| |||||||
1 | (E) Assistant Reporter Supervisors: $5,000 per year.
| ||||||
2 | (2) Each of the secretarial and other support staff
| ||||||
3 | authorized under this Section shall be paid a salary as | ||||||
4 | determined per
year by the employer representative
Supreme | ||||||
5 | Court .
| ||||||
6 | (Source: P.A. 86-1378.)
| ||||||
7 | (705 ILCS 70/5) (from Ch. 37, par. 655)
| ||||||
8 | Sec. 5. Means of reporting ; transcripts.
The court reporter | ||||||
9 | shall make a full reporting by means of stenographic
hand or | ||||||
10 | machine notes, or a combination thereof, of the evidence and | ||||||
11 | such
other proceedings in trials and judicial proceedings to | ||||||
12 | which he is
assigned by the chief judge, and the court reporter | ||||||
13 | may use an electronic
instrument as a supplementary device. In | ||||||
14 | the event that the court
utilizes an audio or video recording | ||||||
15 | system to record the proceedings, a
court reporter shall be in | ||||||
16 | charge of such system; however, the appointment
of a court | ||||||
17 | reporter to be in charge of an audio or video recording system
| ||||||
18 | shall not be required where such system is the judge's personal | ||||||
19 | property or
has been supplied by a party or such party's | ||||||
20 | attorney. To the extent that
it does not substantially | ||||||
21 | interfere with the court reporter's other official duties,
the | ||||||
22 | judge to whom, or a judge of the division to which, a reporter | ||||||
23 | is
assigned may assign a reporter to secretarial or clerical | ||||||
24 | duties arising
out of official court operations.
| ||||||
25 | Unless and until otherwise provided in a Uniform Schedule
| ||||||
26 | of Charges which may hereafter be provided by rule or order of | ||||||
27 | the employer
representative
Supreme
Court , a court reporter may | ||||||
28 | charge not to exceed 25ยข per 100 words for
making transcripts | ||||||
29 | of his notes. The fees for making transcripts shall be
paid in | ||||||
30 | the first instance by the party in whose behalf such transcript | ||||||
31 | is
ordered and shall be taxed in the suit.
| ||||||
32 | The transcripts shall be filed and remain with the papers | ||||||
33 | of the case.
When the judge trying the case shall, of his own |
| |||||||
| |||||||
1 | motion, order a transcript
of the court reporter's notes, the | ||||||
2 | judge may direct the payment of the
charges therefor, and the | ||||||
3 | taxation of the charges as costs in such manner
as to him may | ||||||
4 | seem just. Provided, that the charges for making but one
| ||||||
5 | transcript shall be taxed as costs and the party first ordering | ||||||
6 | the
transcript shall have preference unless it shall be | ||||||
7 | otherwise ordered by
the court.
| ||||||
8 | The change made to this Section by this amendatory Act of | ||||||
9 | 1987 is
intended to apply retroactively from and after January | ||||||
10 | 1, 1987.
| ||||||
11 | (Source: P.A. 85-981.)
| ||||||
12 | (705 ILCS 70/6) (from Ch. 37, par. 656)
| ||||||
13 | Sec. 6. Assignment to serve outside of county of | ||||||
14 | appointment ; Travel
expenses.
| ||||||
15 | The chief judge may assign a court reporter to serve | ||||||
16 | anywhere within the
circuit in which the court reporter is | ||||||
17 | appointed. A court reporter shall be
paid travel expenses | ||||||
18 | incurred in connection with his official duties in his
circuit | ||||||
19 | of appointment outside the county wherein he resides. Subject | ||||||
20 | to
regulations which may be adopted by the Supreme Court, court | ||||||
21 | reporters
shall be allowed travel expenses when traveling | ||||||
22 | within their county of
residence in connection with their | ||||||
23 | official duties.
| ||||||
24 | The employer representative
Supreme Court may assign a | ||||||
25 | court reporter
to temporary service
outside his own circuit , | ||||||
26 | but within the jurisdiction of the employer
representative, | ||||||
27 | with the consent of the chief judge of his circuit.
A court | ||||||
28 | reporter shall be paid travel expenses incurred in connection | ||||||
29 | with
his official duties during such periods of temporary | ||||||
30 | assignment.
| ||||||
31 | Expense vouchers shall be submitted to the employer | ||||||
32 | representative
Supreme Court for approval.
The expense | ||||||
33 | vouchers or claims submitted to the employer representative
|
| |||||||
| |||||||
1 | Supreme Court shall have
endorsed thereon the signed approval | ||||||
2 | of the chief judge of the circuit in
which the court reporter | ||||||
3 | incurred the expense for which claim is made.
| ||||||
4 | (Source: P.A. 77-1685.)
| ||||||
5 | (705 ILCS 70/7) (from Ch. 37, par. 657)
| ||||||
6 | Sec. 7. Proficiency tests.
Except as otherwise provided in | ||||||
7 | this Section, each court reporter in
office on January 1, 1966 | ||||||
8 | or appointed on or after that date shall have
taken or shall | ||||||
9 | thereafter take a test to rate his proficiency. The test
shall | ||||||
10 | be prepared and administered by the employer representative in
| ||||||
11 | consultation with each of the other employer representatives
| ||||||
12 | Supreme
Court . The test shall
consist of three parts
designated | ||||||
13 | Part A, Part B and Part C. If the court reporter in office on
| ||||||
14 | January 1, 1966, or appointed on or after that date, | ||||||
15 | successfully passes
any Part he shall be given a certificate | ||||||
16 | designating him as an official
court reporter. If such court | ||||||
17 | reporter fails to pass any part, the
employer representative
| ||||||
18 | Supreme Court shall so inform the
chief judge of the circuit in | ||||||
19 | which the court reporter serves. Upon receipt
of note that a | ||||||
20 | court reporter has failed to pass any part of the test, the
| ||||||
21 | chief judge may discharge the court reporter or may allow him | ||||||
22 | to continue
until the test is next administered. If, when the | ||||||
23 | test is next
administered, the court reporter fails to pass any | ||||||
24 | part of the test, he
shall be discharged by the chief judge.
| ||||||
25 | The test shall be administered at least every six months if | ||||||
26 | there are
candidates or applicants for the test. Any court | ||||||
27 | reporter who has passed
Part C of the test may apply to take | ||||||
28 | the Part B or the Part A section of
the test at the regular time | ||||||
29 | such tests are given. If the court reporter
successfully | ||||||
30 | completes Part B or Part A of the test, his proficiency rating
| ||||||
31 | shall be adjusted to reflect passage of the more difficult | ||||||
32 | Part.
| ||||||
33 | Any court reporter who served as a court reporter in a |
| |||||||
| |||||||
1 | circuit court for
5 years immediately preceding January 1, 1966 | ||||||
2 | shall be certified as an
official court reporter without | ||||||
3 | examination, and shall be credited with an
"A" proficiency | ||||||
4 | rating, without examination.
| ||||||
5 | (Source: P.A. 84-1395.)
| ||||||
6 | (705 ILCS 70/8) (from Ch. 37, par. 658)
| ||||||
7 | Sec. 8. Salaries.
| ||||||
8 | (a) The salaries of all court reporters shall be
paid by | ||||||
9 | the State. Full-time court reporters shall be paid not less | ||||||
10 | than
$6,000 nor more than $29,500 per year through June 30, | ||||||
11 | 1984.
Beginning July 1, 1984, full-time court reporters shall | ||||||
12 | be paid not less
than $6,000 nor more than $31,250 annually. | ||||||
13 | Beginning July 1, 1985,
full-time court reporters shall be paid | ||||||
14 | not less than $6,000 nor more than
$33,250 annually. Beginning | ||||||
15 | July 1, 1986, full-time court reporters shall
be paid not less | ||||||
16 | than $6,000 nor more than $35,250 annually. Beginning
July 1, | ||||||
17 | 1987, full-time court reporters shall be paid not less than | ||||||
18 | $6,000
nor more than $37,250 annually. Part-time court | ||||||
19 | reporters shall be paid
not less than $12 nor more than $60 per | ||||||
20 | half-day. The salary of each
individual court reporter shall be | ||||||
21 | computed from a schedule adopted by the
employer representative
| ||||||
22 | Supreme Court . The salary schedule shall
reflect the following | ||||||
23 | relevant
factors: (1) proficiency rating; (2) experience; (3) | ||||||
24 | population of the
area to which a reporter is normally | ||||||
25 | assigned; (3-1) court reporters shall
receive the same annual | ||||||
26 | percentage salary increase as provided to other
State-paid | ||||||
27 | non-judicial employees of the Judicial Branch with equivalent
| ||||||
28 | salaries, except that notwithstanding any other provision of | ||||||
29 | law, salaries of
full time court reporters shall be increased | ||||||
30 | by at least a percentage increase
equivalent to that of the | ||||||
31 | "Employment Cost Index, Wages and Salaries, by
Occupation and | ||||||
32 | Industry Groups, State and Local Government Workers Public
| ||||||
33 | Administration", as published by the Bureau of Labor Statistics |
| |||||||
| |||||||
1 | of the U.S.
Department of Labor for the calendar year | ||||||
2 | immediately preceding the year of the
respective July 1st | ||||||
3 | increase date. The increase shall be added to the then
current | ||||||
4 | annual salary and the adjusted salary so determined shall be | ||||||
5 | the annual
salary beginning July 1 of the increase year until | ||||||
6 | July 1 of the next year; (4)
other factors considered relevant | ||||||
7 | by the Director.
| ||||||
8 | (b) (Blank).
Not less than 60 days before the effective | ||||||
9 | date of this
Act, the
chief judge of each circuit shall submit | ||||||
10 | to the Supreme Court,
on forms to be provided by the Supreme | ||||||
11 | Court, such information as may be
necessary to implement the | ||||||
12 | Provisions of this Act.
| ||||||
13 | (c) A court reporter who has previously passed, or who | ||||||
14 | hereafter passes,
Part A or Part B of a proficiency test | ||||||
15 | prepared and administered by the
employer representative
| ||||||
16 | Supreme Court shall be credited with an "A" or
"B" proficiency | ||||||
17 | rating, as
appropriate.
| ||||||
18 | (d) A court reporter who has been credited with an "A" | ||||||
19 | proficiency
rating, without examination, as provided in | ||||||
20 | Section 7 of this Act, shall
receive a salary of $10,000 per | ||||||
21 | annum. Any increase in the maximum salary
payable to reporters | ||||||
22 | shall not result in any increase for such reporter
unless and | ||||||
23 | until he has passed the proficiency test.
| ||||||
24 | (e) The salaries of all official court reporters employed | ||||||
25 | by the State
shall be paid monthly , from moneys appropriated to | ||||||
26 | the Comptroller for that
purpose, on the voucher of the the | ||||||
27 | chief judge of the circuit employing the
court reporters
| ||||||
28 | Supreme Court . The Comptroller
Supreme
Court may require all | ||||||
29 | salary claims by part-time reporters to be
substantiated by | ||||||
30 | certificates signed by the reporter and approved by the
chief | ||||||
31 | judge of the circuit.
| ||||||
32 | (f) The salaries of time share court reporter positions may | ||||||
33 | be
apportioned in the manner provided in Section 3 of this Act.
| ||||||
34 | (Source: P.A. 88-475.)
|
| |||||||
| |||||||
1 | (705 ILCS 70/8.1 new)
| ||||||
2 | Sec. 8.1. Appropriation request. Each employer | ||||||
3 | representative shall
make an annual appropriation request in | ||||||
4 | January to the General
Assembly to fund court reporters. When
| ||||||
5 | necessary, an employer representative may request supplemental | ||||||
6 | appropriations
to fund court reporters.
| ||||||
7 | Section 15. The Court Reporter Transcript Act is amended by | ||||||
8 | changing
Section 4 as follows:
| ||||||
9 | (705 ILCS 75/4) (from Ch. 37, par. 664)
| ||||||
10 | Sec. 4. The reporter, in full for all his services in | ||||||
11 | connection with the
transcribing and filing or furnishing the | ||||||
12 | transcripts referred to in
this Act, shall be paid a fee as | ||||||
13 | provided in Section 5 of the Court
Reporters Act , approved | ||||||
14 | August 5, 1965, as amended . All such fees shall
be paid out of | ||||||
15 | the State Treasury on the warrant of the chief judge of the
| ||||||
16 | circuit employing the court reporter
Supreme Court ,
from | ||||||
17 | appropriations made to the Comptroller for such purpose, upon
| ||||||
18 | presentation of a
certificate signed by the presiding judge | ||||||
19 | setting the amount due said
reporter. Such certificate shall as | ||||||
20 | to each original transcript (and
a copy or copies where fee for | ||||||
21 | a copy or copies is authorized
by statute or Illinois Supreme | ||||||
22 | Court Rule)
set forth the title and number of
the cause in | ||||||
23 | which the transcript was required to be furnished, the
nature | ||||||
24 | of the proceedings transcribed (whether an arraignment,
| ||||||
25 | proceedings at criminal trial or proceedings at | ||||||
26 | post-conviction hearing)
and the fee approved therefor. The | ||||||
27 | employer representative, as defined in the
Court Reporters Act,
| ||||||
28 | Supreme Court may prescribe the form
of the certificate and | ||||||
29 | furnish same.
| ||||||
30 | (Source: P.A. 90-505, eff. 8-19-97.)
|
| |||||||
| |||||||
1 | Section 95. Liberal construction. This Act shall be | ||||||
2 | liberally construed to
effectuate its purpose of facilitating | ||||||
3 | the equitable resolution of labor
relations concerning court | ||||||
4 | reporters.
| ||||||
5 | Section 97. Severability. The provisions of this Act are | ||||||
6 | severable
under Section 1.31 of the Statute on Statutes.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|