100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3821

 

Introduced , by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/4  from Ch. 48, par. 1604

    Amends the Illinois Public Labor Relations Act. Provides that public employers shall not be required to bargain over issues concerning second chance programs or other similar programs that are directed at assisting in the reintegration of ex-offenders into the workforce after they have been released from house arrest, home confinement, drug or alcohol programs, or a work release center, including the impact or implementation of such programs on the wages, hours, and terms and conditions of employment for public employees. Provides that issues concerning second chance programs shall be considered matters of inherent managerial policy for purposes of bargaining under the Act. Effective immediately.


LRB100 10448 RJF 20658 b

 

 

A BILL FOR

 

HB3821LRB100 10448 RJF 20658 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 4 as follows:
 
6    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
7    (Text of Section WITH the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 4. Management Rights. Employers shall not be required
10to bargain over matters of inherent managerial policy, which
11shall include such areas of discretion or policy as the
12functions of the employer, standards of services, its overall
13budget, the organizational structure and selection of new
14employees, examination techniques and direction of employees.
15Employers, however, shall be required to bargain collectively
16with regard to policy matters directly affecting wages, hours
17and terms and conditions of employment as well as the impact
18thereon upon request by employee representatives, except as
19provided in Section 7.5.
20    To preserve the rights of employers and exclusive
21representatives which have established collective bargaining
22relationships or negotiated collective bargaining agreements
23prior to the effective date of this Act, employers shall be

 

 

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1required to bargain collectively with regard to any matter
2concerning wages, hours or conditions of employment about which
3they have bargained for and agreed to in a collective
4bargaining agreement prior to the effective date of this Act,
5except as provided in Section 7.5.
6    The chief judge of the judicial circuit that employs a
7public employee who is a court reporter, as defined in the
8Court Reporters Act, has the authority to hire, appoint,
9promote, evaluate, discipline, and discharge court reporters
10within that judicial circuit.
11    Nothing in this amendatory Act of the 94th General Assembly
12shall be construed to intrude upon the judicial functions of
13any court. This amendatory Act of the 94th General Assembly
14applies only to nonjudicial administrative matters relating to
15the collective bargaining rights of court reporters.
16(Source: P.A. 98-599, eff. 6-1-14.)
 
17    (Text of Section WITHOUT the changes made by P.A. 98-599,
18which has been held unconstitutional)
19    Sec. 4. Management Rights. Employers shall not be required
20to bargain over matters of inherent managerial policy, which
21shall include such areas of discretion or policy as the
22functions of the employer, standards of services, its overall
23budget, the organizational structure and selection of new
24employees, examination techniques and direction of employees.
25Employers also shall not be required to bargain over issues

 

 

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1concerning second chance programs or other similar programs
2that are directed at assisting in the reintegration of
3ex-offenders into the workforce after they have been released
4from house arrest, home confinement, drug or alcohol programs,
5or a work release center, including the impact or
6implementation of such programs on the wages, hours, and terms
7and conditions of employment for public employees. Whether to
8maintain a second chance program, and in what form, shall be
9considered a matter of inherent managerial policy. Employers,
10however, shall be required to bargain collectively with regard
11to policy matters directly affecting wages, hours and terms and
12conditions of employment as well as the impact thereon upon
13request by employee representatives.
14    To preserve the rights of employers and exclusive
15representatives which have established collective bargaining
16relationships or negotiated collective bargaining agreements
17prior to the effective date of this Act, employers shall be
18required to bargain collectively with regard to any matter
19concerning wages, hours or conditions of employment about which
20they have bargained for and agreed to in a collective
21bargaining agreement prior to the effective date of this Act.
22    The chief judge of the judicial circuit that employs a
23public employee who is a court reporter, as defined in the
24Court Reporters Act, has the authority to hire, appoint,
25promote, evaluate, discipline, and discharge court reporters
26within that judicial circuit.

 

 

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1    Nothing in this amendatory Act of the 94th General Assembly
2shall be construed to intrude upon the judicial functions of
3any court. This amendatory Act of the 94th General Assembly
4applies only to nonjudicial administrative matters relating to
5the collective bargaining rights of court reporters.
6(Source: P.A. 94-98, eff. 7-1-05.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.