HB5201 EngrossedLRB097 14488 HLH 59343 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal care attendants or personal
26assistants under Executive Order 2003-8 prior to the effective

 

 

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1date of this amendatory Act of the 93rd General Assembly, and
2the organization shall be considered to be the exclusive
3representative of the personal care attendants or personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer upon evidence, acceptable to the Board, that the

 

 

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1labor organization has been designated as the exclusive
2representative by a majority of the peace officers or fire
3fighters in an appropriate bargaining unit.
4    Where a historical pattern of representation exists for the
5workers of a water system that was owned by a public utility,
6as defined in Section 3-105 of the Public Utilities Act, prior
7to becoming certified employees of a municipality or
8municipalities once the municipality or municipalities have
9acquired the water system as authorized in Section 11-124-5 of
10the Illinois Municipal Code, the Board shall find the labor
11organization that has historically represented the workers to
12be the exclusive representative under this Act, and shall find
13the unit represented by the exclusive representative to be the
14appropriate unit.
15    (g) "Fair share agreement" means an agreement between the
16employer and an employee organization under which all or any of
17the employees in a collective bargaining unit are required to
18pay their proportionate share of the costs of the collective
19bargaining process, contract administration, and pursuing
20matters affecting wages, hours, and other conditions of
21employment, but not to exceed the amount of dues uniformly
22required of members. The amount certified by the exclusive
23representative shall not include any fees for contributions
24related to the election or support of any candidate for
25political office. Nothing in this subsection (g) shall preclude
26an employee from making voluntary political contributions in

 

 

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1conjunction with his or her fair share payment.
2    (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, except that the following
7persons are not included: part-time fire fighters, auxiliary,
8reserve or voluntary fire fighters, including paid on-call fire
9fighters, clerks and dispatchers or other civilian employees of
10a fire department or fire protection district who are not
11routinely expected to perform fire fighter duties, or elected
12officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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1Director of the Department of Labor; the county board in the
2case of a county; the corporate authorities in the case of a
3municipality; and the appropriate body authorized to provide
4for expenditures of its funds in the case of any other unit of
5government.
6    (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances.
11    (j) "Managerial employee" means an individual who is
12engaged predominantly in executive and management functions
13and is charged with the responsibility of directing the
14effectuation of management policies and practices.
15    (k) "Peace officer" means, for the purposes of this Act
16only, any persons who have been or are hereafter appointed to a
17police force, department, or agency and sworn or commissioned
18to perform police duties, except that the following persons are
19not included: part-time police officers, special police
20officers, auxiliary police as defined by Section 3.1-30-20 of
21the Illinois Municipal Code, night watchmen, "merchant
22police", court security officers as defined by Section 3-6012.1
23of the Counties Code, temporary employees, traffic guards or
24wardens, civilian parking meter and parking facilities
25personnel or other individuals specially appointed to aid or
26direct traffic at or near schools or public functions or to aid

 

 

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1in civil defense or disaster, parking enforcement employees who
2are not commissioned as peace officers and who are not armed
3and who are not routinely expected to effect arrests, parking
4lot attendants, clerks and dispatchers or other civilian
5employees of a police department who are not routinely expected
6to effect arrests, or elected officials.
7    (l) "Person" includes one or more individuals, labor
8organizations, public employees, associations, corporations,
9legal representatives, trustees, trustees in bankruptcy,
10receivers, or the State of Illinois or any political
11subdivision of the State or governing body, but does not
12include the General Assembly of the State of Illinois or any
13individual employed by the General Assembly of the State of
14Illinois.
15    (m) "Professional employee" means any employee engaged in
16work predominantly intellectual and varied in character rather
17than routine mental, manual, mechanical or physical work;
18involving the consistent exercise of discretion and adjustment
19in its performance; of such a character that the output
20produced or the result accomplished cannot be standardized in
21relation to a given period of time; and requiring advanced
22knowledge in a field of science or learning customarily
23acquired by a prolonged course of specialized intellectual
24instruction and study in an institution of higher learning or a
25hospital, as distinguished from a general academic education or
26from apprenticeship or from training in the performance of

 

 

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1routine mental, manual, or physical processes; or any employee
2who has completed the courses of specialized intellectual
3instruction and study prescribed in this subsection (m) and is
4performing related work under the supervision of a professional
5person to qualify to become a professional employee as defined
6in this subsection (m).
7    (n) "Public employee" or "employee", for the purposes of
8this Act, means any individual employed by a public employer,
9including (i) interns and residents at public hospitals, (ii)
10as of the effective date of this amendatory Act of the 93rd
11General Assembly, but not before, personal care attendants and
12personal assistants working under the Home Services Program
13under Section 3 of the Disabled Persons Rehabilitation Act,
14subject to the limitations set forth in this Act and in the
15Disabled Persons Rehabilitation Act, and (iii) as of the
16effective date of this amendatory Act of the 94th General
17Assembly, but not before, child and day care home providers
18participating in the child care assistance program under
19Section 9A-11 of the Illinois Public Aid Code, subject to the
20limitations set forth in this Act and in Section 9A-11 of the
21Illinois Public Aid Code, but excluding all of the following:
22employees of the General Assembly of the State of Illinois;
23employees of the State Board of Elections; elected officials;
24executive heads of a department; members of boards or
25commissions; the Executive Inspectors General; any special
26Executive Inspectors General; employees of each Office of an

 

 

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1Executive Inspector General; commissioners and employees of
2the Executive Ethics Commission; the Auditor General's
3Inspector General; employees of the Office of the Auditor
4General's Inspector General; the Legislative Inspector
5General; any special Legislative Inspectors General; employees
6of the Office of the Legislative Inspector General;
7commissioners and employees of the Legislative Ethics
8Commission; employees of any agency, board or commission
9created by this Act; employees appointed to State positions of
10a temporary or emergency nature; all employees of school
11districts and higher education institutions except
12firefighters and peace officers employed by a state university
13and except peace officers employed by a school district in its
14own police department in existence on the effective date of
15this amendatory Act of the 96th General Assembly; managerial
16employees; short-term employees; confidential employees;
17independent contractors; and supervisors except as provided in
18this Act.
19    Personal care attendants and personal assistants shall not
20be considered public employees for any purposes not
21specifically provided for in the amendatory Act of the 93rd
22General Assembly, including but not limited to, purposes of
23vicarious liability in tort and purposes of statutory
24retirement or health insurance benefits. Personal care
25attendants and personal assistants shall not be covered by the
26State Employees Group Insurance Act of 1971 (5 ILCS 375/).

 

 

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1    Child and day care home providers shall not be considered
2public employees for any purposes not specifically provided for
3in this amendatory Act of the 94th General Assembly, including
4but not limited to, purposes of vicarious liability in tort and
5purposes of statutory retirement or health insurance benefits.
6Child and day care home providers shall not be covered by the
7State Employees Group Insurance Act of 1971.
8    Notwithstanding Section 9, subsection (c), or any other
9provisions of this Act, all peace officers above the rank of
10captain in municipalities with more than 1,000,000 inhabitants
11shall be excluded from this Act.
12    (o) Except as otherwise in subsection (o-5), "public
13employer" or "employer" means the State of Illinois; any
14political subdivision of the State, unit of local government or
15school district; authorities including departments, divisions,
16bureaus, boards, commissions, or other agencies of the
17foregoing entities; and any person acting within the scope of
18his or her authority, express or implied, on behalf of those
19entities in dealing with its employees. As of the effective
20date of the amendatory Act of the 93rd General Assembly, but
21not before, the State of Illinois shall be considered the
22employer of the personal care attendants and personal
23assistants working under the Home Services Program under
24Section 3 of the Disabled Persons Rehabilitation Act, subject
25to the limitations set forth in this Act and in the Disabled
26Persons Rehabilitation Act. The State shall not be considered

 

 

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1to be the employer of personal care attendants and personal
2assistants for any purposes not specifically provided for in
3this amendatory Act of the 93rd General Assembly, including but
4not limited to, purposes of vicarious liability in tort and
5purposes of statutory retirement or health insurance benefits.
6Personal care attendants and personal assistants shall not be
7covered by the State Employees Group Insurance Act of 1971 (5
8ILCS 375/). As of the effective date of this amendatory Act of
9the 94th General Assembly but not before, the State of Illinois
10shall be considered the employer of the day and child care home
11providers participating in the child care assistance program
12under Section 9A-11 of the Illinois Public Aid Code, subject to
13the limitations set forth in this Act and in Section 9A-11 of
14the Illinois Public Aid Code. The State shall not be considered
15to be the employer of child and day care home providers for any
16purposes not specifically provided for in this amendatory Act
17of the 94th General Assembly, including but not limited to,
18purposes of vicarious liability in tort and purposes of
19statutory retirement or health insurance benefits. Child and
20day care home providers shall not be covered by the State
21Employees Group Insurance Act of 1971.
22    "Public employer" or "employer" as used in this Act,
23however, does not mean and shall not include the General
24Assembly of the State of Illinois, the Executive Ethics
25Commission, the Offices of the Executive Inspectors General,
26the Legislative Ethics Commission, the Office of the

 

 

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1Legislative Inspector General, the Office of the Auditor
2General's Inspector General, the State Board of Elections, and
3educational employers or employers as defined in the Illinois
4Educational Labor Relations Act, except with respect to a state
5university in its employment of firefighters and peace officers
6and except with respect to a school district in the employment
7of peace officers in its own police department in existence on
8the effective date of this amendatory Act of the 96th General
9Assembly. County boards and county sheriffs shall be designated
10as joint or co-employers of county peace officers appointed
11under the authority of a county sheriff. Nothing in this
12subsection (o) shall be construed to prevent the State Panel or
13the Local Panel from determining that employers are joint or
14co-employers.
15    (o-5) With respect to wages, fringe benefits, hours,
16holidays, vacations, proficiency examinations, sick leave, and
17other conditions of employment, the public employer of public
18employees who are court reporters, as defined in the Court
19Reporters Act, shall be determined as follows:
20        (1) For court reporters employed by the Cook County
21    Judicial Circuit, the chief judge of the Cook County
22    Circuit Court is the public employer and employer
23    representative.
24        (2) For court reporters employed by the 12th, 18th,
25    19th, and, on and after December 4, 2006, the 22nd judicial
26    circuits, a group consisting of the chief judges of those

 

 

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1    circuits, acting jointly by majority vote, is the public
2    employer and employer representative.
3        (3) For court reporters employed by all other judicial
4    circuits, a group consisting of the chief judges of those
5    circuits, acting jointly by majority vote, is the public
6    employer and employer representative.
7    (p) "Security employee" means an employee who is
8responsible for the supervision and control of inmates at
9correctional facilities. The term also includes other
10non-security employees in bargaining units having the majority
11of employees being responsible for the supervision and control
12of inmates at correctional facilities.
13    (q) "Short-term employee" means an employee who is employed
14for less than 2 consecutive calendar quarters during a calendar
15year and who does not have a reasonable assurance that he or
16she will be rehired by the same employer for the same service
17in a subsequent calendar year.
18    (r) "Supervisor" is an employee whose principal work is
19substantially different from that of his or her subordinates
20and who has authority, in the interest of the employer, to
21hire, transfer, suspend, lay off, recall, promote, discharge,
22direct, reward, or discipline employees, to adjust their
23grievances, or to effectively recommend any of those actions,
24if the exercise of that authority is not of a merely routine or
25clerical nature, but requires the consistent use of independent
26judgment. Except with respect to police employment, the term

 

 

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1"supervisor" includes only those individuals who devote a
2preponderance of their employment time to exercising that
3authority, State supervisors notwithstanding. In addition, in
4determining supervisory status in police employment, rank
5shall not be determinative. The Board shall consider, as
6evidence of bargaining unit inclusion or exclusion, the common
7law enforcement policies and relationships between police
8officer ranks and certification under applicable civil service
9law, ordinances, personnel codes, or Division 2.1 of Article 10
10of the Illinois Municipal Code, but these factors shall not be
11the sole or predominant factors considered by the Board in
12determining police supervisory status.
13    Notwithstanding the provisions of the preceding paragraph,
14in determining supervisory status in fire fighter employment,
15no fire fighter shall be excluded as a supervisor who has
16established representation rights under Section 9 of this Act.
17Further, in new fire fighter units, employees shall consist of
18fire fighters of the rank of company officer and below. If a
19company officer otherwise qualifies as a supervisor under the
20preceding paragraph, however, he or she shall not be included
21in the fire fighter unit. If there is no rank between that of
22chief and the highest company officer, the employer may
23designate a position on each shift as a Shift Commander, and
24the persons occupying those positions shall be supervisors. All
25other ranks above that of company officer shall be supervisors.
26    (s)(1) "Unit" means a class of jobs or positions that are

 

 

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1held by employees whose collective interests may suitably be
2represented by a labor organization for collective bargaining.
3Except with respect to non-State fire fighters and paramedics
4employed by fire departments and fire protection districts,
5non-State peace officers, and peace officers in the Department
6of State Police, a bargaining unit determined by the Board
7shall not include both employees and supervisors, or
8supervisors only, except as provided in paragraph (2) of this
9subsection (s) and except for bargaining units in existence on
10July 1, 1984 (the effective date of this Act). With respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers, and peace officers in the Department of State Police,
14a bargaining unit determined by the Board shall not include
15both supervisors and nonsupervisors, or supervisors only,
16except as provided in paragraph (2) of this subsection (s) and
17except for bargaining units in existence on January 1, 1986
18(the effective date of this amendatory Act of 1985). A
19bargaining unit determined by the Board to contain peace
20officers shall contain no employees other than peace officers
21unless otherwise agreed to by the employer and the labor
22organization or labor organizations involved. Notwithstanding
23any other provision of this Act, a bargaining unit, including a
24historical bargaining unit, containing sworn peace officers of
25the Department of Natural Resources (formerly designated the
26Department of Conservation) shall contain no employees other

 

 

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1than such sworn peace officers upon the effective date of this
2amendatory Act of 1990 or upon the expiration date of any
3collective bargaining agreement in effect upon the effective
4date of this amendatory Act of 1990 covering both such sworn
5peace officers and other employees.
6    (2) Notwithstanding the exclusion of supervisors from
7bargaining units as provided in paragraph (1) of this
8subsection (s), a public employer may agree to permit its
9supervisory employees to form bargaining units and may bargain
10with those units. This Act shall apply if the public employer
11chooses to bargain under this subsection.
12    (3) Public employees who are court reporters, as defined in
13the Court Reporters Act, shall be divided into 3 units for
14collective bargaining purposes. One unit shall be court
15reporters employed by the Cook County Judicial Circuit; one
16unit shall be court reporters employed by the 12th, 18th, 19th,
17and, on and after December 4, 2006, the 22nd judicial circuits;
18and one unit shall be court reporters employed by all other
19judicial circuits.
20(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
 
21    Section 5. The Election Code is amended by changing
22Sections 13-2.5 and 14-4.5 as follows:
 
23    (10 ILCS 5/13-2.5)
24    Sec. 13-2.5. Time off from work to serve as election judge.

 

 

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1Any person who is appointed as an election judge under Section
213-1 or 13-2 may, after giving his or her employer at least 20
3days' written notice, be absent from his or her place of work
4for the purpose of serving as an election judge. An employer
5may not penalize an employee for that absence other than a
6deduction in salary for the time the employee was absent from
7his or her place of employment. An employer may not require an
8employee to use earned vacation time or any form of paid leave
9time to serve as an election judge.
10    This Section does not apply to an employer with fewer than
1125 employees. An employer with more than 25 employees shall not
12be required to permit more than 10% of the employees to be
13absent under this Section on the same election day.
14(Source: P.A. 94-645, eff. 8-22-05.)
 
15    (10 ILCS 5/14-4.5)
16    Sec. 14-4.5. Time off from work to serve as election judge.
17Any person who is appointed as an election judge under Section
1813-1 or 13-2 may, after giving his or her employer at least 20
19days' written notice, be absent from his or her place of work
20for the purpose of serving as an election judge. An employer
21may not penalize an employee for that absence other than a
22deduction in salary for the time the employee was absent from
23his or her place of employment. An employer may not require an
24employee to use earned vacation time or any form of paid leave
25time to serve as an election judge.

 

 

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1    This Section does not apply to an employer with fewer than
225 employees. An employer with more than 25 employees shall not
3be required to permit more than 10% of the employees to be
4absent under this Section on the same election day.
5(Source: P.A. 94-645, eff. 8-22-05.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.