94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2382


 
Introduced 1/18/2006, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		














50 ILCS 742/10









    Amends the Fire Department Promotion Act. Provides that the Act authorizes and does not limit the right of an exclusive bargaining representative to "require" an employer to negotiate concerning promotion to certain ranks (now, does not allow representative to "require"). Effective immediately.
















LRB094 17354 HLH 52649 b

















 


 


A BILL FOR









 











SB2382

LRB094 17354 HLH 52649 b






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    AN ACT concerning local government.

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


 
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    Section 5. The Fire Department Promotion Act is amended  by 
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changing Section 10 as follows:
 



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    (50 ILCS 742/10)



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    Sec. 10. Applicability. 

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    (a) This Act shall apply to all positions in an affected 
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department, except
those specifically excluded in  items (i), 
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(ii), (iii), (iv), and (v) of the
definition of "promotion" in 
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Section 5 unless such positions are covered by a
collective 
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bargaining agreement in force on the effective date of this 
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Act.
Existing promotion lists shall continue to be valid until 
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their expiration
dates, or up to a maximum of 3 years after the 
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effective date of this Act.

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    (b) Notwithstanding any statute, ordinance, rule, or other 
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laws to the
contrary, all promotions in an affected department 
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to which this Act applies
shall be administered in the manner 
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provided for in this Act. Provisions of the
Illinois Municipal 
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Code, the Fire Protection District Act, municipal
ordinances, 
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or rules adopted pursuant to such authority and other laws

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relating to promotions in affected departments shall continue 
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to apply to the
extent they are compatible with this Act, but 
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in the event of conflict between
this Act and any other law, 
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this Act shall control.

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    (c) A home rule or non-home rule municipality may not 
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administer its fire
department promotion process in a manner 
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that is inconsistent with this Act.
This Section is a 
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limitation under subsection (i) of Section 6 of Article VII
of 
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the Illinois Constitution on the concurrent exercise by home 
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rule units of
the powers and functions exercised by the State.

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    (d) This Act is intended to serve as a minimum standard and 
 


 






SB2382
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LRB094 17354 HLH 52649 b




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shall be
construed to authorize and not to limit:


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        (1) An appointing authority from establishing 
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    different or supplemental
promotional criteria or 
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    components, provided that the criteria are
job-related and 
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    applied uniformly.


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        (2) The right of
negotiation by an employer and an 
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    exclusive bargaining
representative to require an employer 
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    to negotiate
of clauses within a collective bargaining 
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    agreement relating to
conditions, criteria, or procedures 
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    for the promotion of employees to ranks, as defined in 
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    Section 5, covered by this Act
who are
members of 
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    bargaining units.


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        (3) The negotiation by an employer and an exclusive 
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    bargaining
representative of provisions within a 
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    collective bargaining agreement to
achieve affirmative 
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    action objectives, provided that such clauses are

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    consistent
with applicable law.

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    (e) Local authorities and exclusive bargaining agents 
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affected by this
Act may agree to waive one or more of its 
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provisions and bargain on the
contents of those provisions, 
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provided that any such waivers shall be
considered
permissive 
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subjects of bargaining.

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(Source: P.A. 93-411, eff. 8-4-03.)


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