103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2863

 

Introduced 2/16/2023, by Rep. Gregg Johnson

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/9  from Ch. 48, par. 1609

    Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that, for those units, descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit.


LRB103 30908 DTM 57454 b

 

 

A BILL FOR

 

HB2863LRB103 30908 DTM 57454 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 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
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
15other conditions of employment, as detailed in Section 7 and
16which are 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, actual, and more than incidental access to
23information relating to the effectuation or review of the

 

 

HB2863- 2 -LRB103 30908 DTM 57454 b

1employer's collective bargaining policies. Determinations of
2confidential employee status shall be based on actual employee
3job duties and not solely on written job descriptions. The
4definition of "confidential employee" in this subsection (c)
5applies to all public employees.
6    (d) "Craft employees" means skilled journeymen, crafts
7persons, and their apprentices and helpers.
8    (e) "Essential services employees" means those public
9employees performing functions so essential that the
10interruption or termination of the function will constitute a
11clear and present danger to the health and safety of the
12persons in the affected community.
13    (f) "Exclusive representative", except with respect to
14non-State fire fighters and paramedics employed by fire
15departments and fire protection districts, non-State peace
16officers, and peace officers in the Illinois State Police,
17means the labor organization that has been (i) designated by
18the Board as the representative of a majority of public
19employees in an appropriate bargaining unit in accordance with
20the procedures contained in this Act; (ii) historically
21recognized by the State of Illinois or any political
22subdivision of the State before July 1, 1984 (the effective
23date of this Act) as the exclusive representative of the
24employees in an appropriate bargaining unit; (iii) after July
251, 1984 (the effective date of this Act) recognized by an
26employer upon evidence, acceptable to the Board, that the

 

 

HB2863- 3 -LRB103 30908 DTM 57454 b

1labor organization has been designated as the exclusive
2representative by a majority of the employees in an
3appropriate bargaining unit; (iv) recognized as the exclusive
4representative of personal assistants under Executive Order
52003-8 prior to July 16, 2003 (the effective date of Public Act
693-204), and the organization shall be considered to be the
7exclusive representative of the personal assistants as defined
8in this Section; or (v) recognized as the exclusive
9representative of child and day care home providers, including
10licensed and license exempt providers, pursuant to an election
11held under Executive Order 2005-1 prior to January 1, 2006
12(the effective date of Public Act 94-320), and the
13organization shall be considered to be the exclusive
14representative of the child and day care home providers as
15defined in this Section.
16    With respect to non-State fire fighters and paramedics
17employed by fire departments and fire protection districts,
18non-State peace officers, and peace officers in the Illinois
19State Police, "exclusive representative" means the labor
20organization that has been (i) designated by the Board as the
21representative of a majority of peace officers or fire
22fighters in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before January 1, 1986 (the effective
26date of this amendatory Act of 1985) as the exclusive

 

 

HB2863- 4 -LRB103 30908 DTM 57454 b

1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit, or (iii) after
3January 1, 1986 (the effective date of this amendatory Act of
41985) recognized by an employer upon evidence, acceptable to
5the Board, that the labor organization has been designated as
6the exclusive representative by a majority of the peace
7officers or fire fighters in an appropriate bargaining unit.
8    Where a historical pattern of representation exists for
9the workers of a water system that was owned by a public
10utility, as defined in Section 3-105 of the Public Utilities
11Act, prior to becoming certified employees of a municipality
12or municipalities once the municipality or municipalities have
13acquired the water system as authorized in Section 11-124-5 of
14the Illinois Municipal Code, the Board shall find the labor
15organization that has historically represented the workers to
16be the exclusive representative under this Act, and shall find
17the unit represented by the exclusive representative to be the
18appropriate unit.
19    (g) "Fair share agreement" means an agreement between the
20employer and an employee organization under which all or any
21of the employees in a collective bargaining unit are required
22to pay their proportionate share of the costs of the
23collective bargaining process, contract administration, and
24pursuing matters affecting wages, hours, and other conditions
25of employment, but not to exceed the amount of dues uniformly
26required of members. The amount certified by the exclusive

 

 

HB2863- 5 -LRB103 30908 DTM 57454 b

1representative shall not include any fees for contributions
2related to the election or support of any candidate for
3political office. Nothing in this subsection (g) shall
4preclude an employee from making voluntary political
5contributions in conjunction with his or her fair share
6payment.
7    (g-1) "Fire fighter" means, for the purposes of this Act
8only, any person who has been or is hereafter appointed to a
9fire department or fire protection district or employed by a
10state university and sworn or commissioned to perform fire
11fighter duties or paramedic duties, including paramedics
12employed by a unit of local government, except that the
13following persons are not included: part-time fire fighters,
14auxiliary, reserve or voluntary fire fighters, including paid
15on-call fire fighters, clerks and dispatchers or other
16civilian employees of a fire department or fire protection
17district who are not routinely expected to perform fire
18fighter duties, or elected officials.
19    (g-2) "General Assembly of the State of Illinois" means
20the legislative branch of the government of the State of
21Illinois, as provided for under Article IV of the Constitution
22of the State of Illinois, and includes, but is not limited to,
23the House of Representatives, the Senate, the Speaker of the
24House of Representatives, the Minority Leader of the House of
25Representatives, the President of the Senate, the Minority
26Leader of the Senate, the Joint Committee on Legislative

 

 

HB2863- 6 -LRB103 30908 DTM 57454 b

1Support Services, and any legislative support services agency
2listed in the Legislative Commission Reorganization Act of
31984.
4    (h) "Governing body" means, in the case of the State, the
5State Panel of the Illinois Labor Relations Board, the
6Director of the Department of Central Management Services, and
7the Director of the Department of Labor; the county board in
8the case of a county; the corporate authorities in the case of
9a municipality; and the appropriate body authorized to provide
10for expenditures of its funds in the case of any other unit of
11government.
12    (i) "Labor organization" means any organization in which
13public employees participate and that exists for the purpose,
14in whole or in part, of dealing with a public employer
15concerning wages, hours, and other terms and conditions of
16employment, including the settlement of grievances.
17    (i-5) "Legislative liaison" means a person who is an
18employee of a State agency, the Attorney General, the
19Secretary of State, the Comptroller, or the Treasurer, as the
20case may be, and whose job duties require the person to
21regularly communicate in the course of his or her employment
22with any official or staff of the General Assembly of the State
23of Illinois for the purpose of influencing any legislative
24action.
25    (j) "Managerial employee" means an individual who is
26engaged predominantly in executive and management functions

 

 

HB2863- 7 -LRB103 30908 DTM 57454 b

1for a majority of his or her employment time and is charged
2with the responsibility of, and devotes a majority of his or
3her employment time to, directing the effectuation of
4management policies and practices. Exercise of discretion or
5acting on behalf of an office holder, agency head, or board or
6commission by professional employees, including attorneys, as
7part of the performance of their work as professional
8employees, does not constitute evidence of executive and
9management functions or of directing the effectuation of
10management policies and practices. Determination of managerial
11employee status shall be based on actual employee job duties
12and not on written job descriptions. No employee shall be
13determined to be a managerial employee as a matter of law.
14Determination of managerial employee status shall be based on
15actual employee job duties and not solely on written job
16descriptions. With respect only to State employees in
17positions under the jurisdiction of the Attorney General,
18Secretary of State, Comptroller, or Treasurer (i) that were
19certified in a bargaining unit on or after December 2, 2008,
20(ii) for which a petition is filed with the Illinois Public
21Labor Relations Board on or after April 5, 2013 (the effective
22date of Public Act 97-1172), or (iii) for which a petition is
23pending before the Illinois Public Labor Relations Board on
24that date, "managerial employee" means an individual who is
25engaged in executive and management functions or who is
26charged with the effectuation of management policies and

 

 

HB2863- 8 -LRB103 30908 DTM 57454 b

1practices or who represents management interests by taking or
2recommending discretionary actions that effectively control or
3implement policy. Nothing in this definition prohibits an
4individual from also meeting the definition of "supervisor"
5under subsection (r) of this Section. The definition of
6"managerial employee" in this subsection applies to all public
7employees.
8    (k) "Peace officer" means, for the purposes of this Act
9only, any persons who have been or are hereafter appointed to a
10police force, department, or agency and sworn or commissioned
11to perform police duties, except that the following persons
12are not included: part-time police officers, special police
13officers, auxiliary police as defined by Section 3.1-30-20 of
14the Illinois Municipal Code, night watchmen, "merchant
15police", court security officers as defined by Section
163-6012.1 of the Counties Code, temporary employees, traffic
17guards or wardens, civilian parking meter and parking
18facilities personnel or other individuals specially appointed
19to aid or direct traffic at or near schools or public functions
20or to aid in civil defense or disaster, parking enforcement
21employees who are not commissioned as peace officers and who
22are not armed and who are not routinely expected to effect
23arrests, parking lot attendants, clerks and dispatchers or
24other civilian employees of a police department who are not
25routinely expected to effect arrests, or elected officials.
26    (l) "Person" includes one or more individuals, labor

 

 

HB2863- 9 -LRB103 30908 DTM 57454 b

1organizations, public employees, associations, corporations,
2legal representatives, trustees, trustees in bankruptcy,
3receivers, or the State of Illinois or any political
4subdivision of the State or governing body, but does not
5include the General Assembly of the State of Illinois or any
6individual employed by the General Assembly of the State of
7Illinois.
8    (m) "Professional employee" means any employee engaged in
9work predominantly intellectual and varied in character rather
10than routine mental, manual, mechanical or physical work;
11involving the consistent exercise of discretion and adjustment
12in its performance; of such a character that the output
13produced or the result accomplished cannot be standardized in
14relation to a given period of time; and requiring advanced
15knowledge in a field of science or learning customarily
16acquired by a prolonged course of specialized intellectual
17instruction and study in an institution of higher learning or
18a hospital, as distinguished from a general academic education
19or from apprenticeship or from training in the performance of
20routine mental, manual, or physical processes; or any employee
21who has completed the courses of specialized intellectual
22instruction and study prescribed in this subsection (m) and is
23performing related work under the supervision of a
24professional person to qualify to become a professional
25employee as defined in this subsection (m).
26    (n) "Public employee" or "employee", for the purposes of

 

 

HB2863- 10 -LRB103 30908 DTM 57454 b

1this Act, means any individual employed by a public employer,
2including (i) interns and residents at public hospitals, (ii)
3as of July 16, 2003 (the effective date of Public Act 93-204),
4but not before, personal assistants working under the Home
5Services Program under Section 3 of the Rehabilitation of
6Persons with Disabilities Act, subject to the limitations set
7forth in this Act and in the Rehabilitation of Persons with
8Disabilities Act, (iii) as of January 1, 2006 (the effective
9date of Public Act 94-320), but not before, child and day care
10home providers participating in the child care assistance
11program under Section 9A-11 of the Illinois Public Aid Code,
12subject to the limitations set forth in this Act and in Section
139A-11 of the Illinois Public Aid Code, (iv) as of January 29,
142013 (the effective date of Public Act 97-1158), but not
15before except as otherwise provided in this subsection (n),
16home care and home health workers who function as personal
17assistants and individual maintenance home health workers and
18who also work under the Home Services Program under Section 3
19of the Rehabilitation of Persons with Disabilities Act, no
20matter whether the State provides those services through
21direct fee-for-service arrangements, with the assistance of a
22managed care organization or other intermediary, or otherwise,
23(v) beginning on July 19, 2013 (the effective date of Public
24Act 98-100) and notwithstanding any other provision of this
25Act, any person employed by a public employer and who is
26classified as or who holds the employment title of Chief

 

 

HB2863- 11 -LRB103 30908 DTM 57454 b

1Stationary Engineer, Assistant Chief Stationary Engineer,
2Sewage Plant Operator, Water Plant Operator, Stationary
3Engineer, Plant Operating Engineer, and any other employee who
4holds the position of: Civil Engineer V, Civil Engineer VI,
5Civil Engineer VII, Technical Manager I, Technical Manager II,
6Technical Manager III, Technical Manager IV, Technical Manager
7V, Technical Manager VI, Realty Specialist III, Realty
8Specialist IV, Realty Specialist V, Technical Advisor I,
9Technical Advisor II, Technical Advisor III, Technical Advisor
10IV, or Technical Advisor V employed by the Department of
11Transportation who is in a position which is certified in a
12bargaining unit on or before July 19, 2013 (the effective date
13of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
14effective date of Public Act 98-100) and notwithstanding any
15other provision of this Act, any mental health administrator
16in the Department of Corrections who is classified as or who
17holds the position of Public Service Administrator (Option
188K), any employee of the Office of the Inspector General in the
19Department of Human Services who is classified as or who holds
20the position of Public Service Administrator (Option 7), any
21Deputy of Intelligence in the Department of Corrections who is
22classified as or who holds the position of Public Service
23Administrator (Option 7), and any employee of the Illinois
24State Police who handles issues concerning the Illinois State
25Police Sex Offender Registry and who is classified as or holds
26the position of Public Service Administrator (Option 7), but

 

 

HB2863- 12 -LRB103 30908 DTM 57454 b

1excluding all of the following: employees of the General
2Assembly of the State of Illinois; elected officials;
3executive heads of a department; members of boards or
4commissions; the Executive Inspectors General; any special
5Executive Inspectors General; employees of each Office of an
6Executive Inspector General; commissioners and employees of
7the Executive Ethics Commission; the Auditor General's
8Inspector General; employees of the Office of the Auditor
9General's Inspector General; the Legislative Inspector
10General; any special Legislative Inspectors General; employees
11of the Office of the Legislative Inspector General;
12commissioners and employees of the Legislative Ethics
13Commission; employees of any agency, board or commission
14created by this Act; employees appointed to State positions of
15a temporary or emergency nature; all employees of school
16districts and higher education institutions except
17firefighters and peace officers employed by a state university
18and except peace officers employed by a school district in its
19own police department in existence on July 23, 2010 (the
20effective date of Public Act 96-1257); managerial employees;
21short-term employees; legislative liaisons; a person who is a
22State employee under the jurisdiction of the Office of the
23Attorney General who is licensed to practice law or whose
24position authorizes, either directly or indirectly, meaningful
25input into government decision-making on issues where there is
26room for principled disagreement on goals or their

 

 

HB2863- 13 -LRB103 30908 DTM 57454 b

1implementation; a person who is a State employee under the
2jurisdiction of the Office of the Comptroller who holds the
3position of Public Service Administrator or whose position is
4otherwise exempt under the Comptroller Merit Employment Code;
5a person who is a State employee under the jurisdiction of the
6Secretary of State who holds the position classification of
7Executive I or higher, whose position authorizes, either
8directly or indirectly, meaningful input into government
9decision-making on issues where there is room for principled
10disagreement on goals or their implementation, or who is
11otherwise exempt under the Secretary of State Merit Employment
12Code; employees in the Office of the Secretary of State who are
13completely exempt from jurisdiction B of the Secretary of
14State Merit Employment Code and who are in Rutan-exempt
15positions on or after April 5, 2013 (the effective date of
16Public Act 97-1172); a person who is a State employee under the
17jurisdiction of the Treasurer who holds a position that is
18exempt from the State Treasurer Employment Code; any employee
19of a State agency who (i) holds the title or position of, or
20exercises substantially similar duties as a legislative
21liaison, Agency General Counsel, Agency Chief of Staff, Agency
22Executive Director, Agency Deputy Director, Agency Chief
23Fiscal Officer, Agency Human Resources Director, Public
24Information Officer, or Chief Information Officer and (ii) was
25neither included in a bargaining unit nor subject to an active
26petition for certification in a bargaining unit; any employee

 

 

HB2863- 14 -LRB103 30908 DTM 57454 b

1of a State agency who (i) is in a position that is
2Rutan-exempt, as designated by the employer, and completely
3exempt from jurisdiction B of the Personnel Code and (ii) was
4neither included in a bargaining unit nor subject to an active
5petition for certification in a bargaining unit; any term
6appointed employee of a State agency pursuant to Section 8b.18
7or 8b.19 of the Personnel Code who was neither included in a
8bargaining unit nor subject to an active petition for
9certification in a bargaining unit; any employment position
10properly designated pursuant to Section 6.1 of this Act;
11confidential employees; independent contractors; and
12supervisors except as provided in this Act.
13    Home care and home health workers who function as personal
14assistants and individual maintenance home health workers and
15who also work under the Home Services Program under Section 3
16of the Rehabilitation of Persons with Disabilities Act shall
17not be considered public employees for any purposes not
18specifically provided for in Public Act 93-204 or Public Act
1997-1158, including, but not limited to, purposes of vicarious
20liability in tort and purposes of statutory retirement or
21health insurance benefits. Home care and home health workers
22who function as personal assistants and individual maintenance
23home health workers and who also work under the Home Services
24Program under Section 3 of the Rehabilitation of Persons with
25Disabilities Act shall not be covered by the State Employees
26Group Insurance Act of 1971.

 

 

HB2863- 15 -LRB103 30908 DTM 57454 b

1    Child and day care home providers shall not be considered
2public employees for any purposes not specifically provided
3for in Public Act 94-320, including, but not limited to,
4purposes of vicarious liability in tort and purposes of
5statutory retirement or health insurance benefits. Child and
6day care home providers shall not be covered by the State
7Employees 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
15or school district; authorities including departments,
16divisions, bureaus, boards, commissions, or other agencies of
17the foregoing entities; and any person acting within the scope
18of his or her authority, express or implied, on behalf of those
19entities in dealing with its employees. As of July 16, 2003
20(the effective date of Public Act 93-204), but not before, the
21State of Illinois shall be considered the employer of the
22personal assistants working under the Home Services Program
23under Section 3 of the Rehabilitation of Persons with
24Disabilities Act, subject to the limitations set forth in this
25Act and in the Rehabilitation of Persons with Disabilities
26Act. As of January 29, 2013 (the effective date of Public Act

 

 

HB2863- 16 -LRB103 30908 DTM 57454 b

197-1158), but not before except as otherwise provided in this
2subsection (o), the State shall be considered the employer of
3home care and home health workers who function as personal
4assistants and individual maintenance home health workers and
5who also work under the Home Services Program under Section 3
6of the Rehabilitation of Persons with Disabilities Act, no
7matter whether the State provides those services through
8direct fee-for-service arrangements, with the assistance of a
9managed care organization or other intermediary, or otherwise,
10but subject to the limitations set forth in this Act and the
11Rehabilitation of Persons with Disabilities Act. The State
12shall not be considered to be the employer of home care and
13home health workers who function as personal assistants and
14individual maintenance home health workers and who also work
15under the Home Services Program under Section 3 of the
16Rehabilitation of Persons with Disabilities Act, for any
17purposes not specifically provided for in Public Act 93-204 or
18Public Act 97-1158, including but not limited to, purposes of
19vicarious liability in tort and purposes of statutory
20retirement or health insurance benefits. Home care and home
21health workers who function as personal assistants and
22individual maintenance home health workers and who also work
23under the Home Services Program under Section 3 of the
24Rehabilitation of Persons with Disabilities Act shall not be
25covered by the State Employees Group Insurance Act of 1971. As
26of January 1, 2006 (the effective date of Public Act 94-320),

 

 

HB2863- 17 -LRB103 30908 DTM 57454 b

1but not before, the State of Illinois shall be considered the
2employer of the day and child care home providers
3participating in the child care assistance program under
4Section 9A-11 of the Illinois Public Aid Code, subject to the
5limitations set forth in this Act and in Section 9A-11 of the
6Illinois Public Aid Code. The State shall not be considered to
7be the employer of child and day care home providers for any
8purposes not specifically provided for in Public Act 94-320,
9including, but not limited to, purposes of vicarious liability
10in tort and purposes of statutory retirement or health
11insurance benefits. Child and day care home providers shall
12not be covered by the State Employees Group Insurance Act of
131971.
14    "Public employer" or "employer" as used in this Act,
15however, does not mean and shall not include the General
16Assembly of the State of Illinois, the Executive Ethics
17Commission, the Offices of the Executive Inspectors General,
18the Legislative Ethics Commission, the Office of the
19Legislative Inspector General, the Office of the Auditor
20General's Inspector General, the Office of the Governor, the
21Governor's Office of Management and Budget, the Illinois
22Finance Authority, the Office of the Lieutenant Governor, the
23State Board of Elections, and educational employers or
24employers as defined in the Illinois Educational Labor
25Relations Act, except with respect to a state university in
26its employment of firefighters and peace officers and except

 

 

HB2863- 18 -LRB103 30908 DTM 57454 b

1with respect to a school district in the employment of peace
2officers in its own police department in existence on July 23,
32010 (the effective date of Public Act 96-1257). County boards
4and county sheriffs shall be designated as joint or
5co-employers of county peace officers appointed under the
6authority of a county sheriff. Nothing in this subsection (o)
7shall be construed to prevent the State Panel or the Local
8Panel from determining that employers are joint or
9co-employers.
10    (o-5) With respect to wages, fringe benefits, hours,
11holidays, vacations, proficiency examinations, sick leave, and
12other conditions of employment, the public employer of public
13employees who are court reporters, as defined in the Court
14Reporters Act, shall be determined as follows:
15        (1) For court reporters employed by the Cook County
16    Judicial Circuit, the chief judge of the Cook County
17    Circuit Court is the public employer and employer
18    representative.
19        (2) For court reporters employed by the 12th, 18th,
20    19th, and, on and after December 4, 2006, the 22nd
21    judicial circuits, a group consisting of the chief judges
22    of those circuits, acting jointly by majority vote, is the
23    public employer and employer representative.
24        (3) For court reporters employed by all other judicial
25    circuits, a group consisting of the chief judges of those
26    circuits, acting jointly by majority vote, is the public

 

 

HB2863- 19 -LRB103 30908 DTM 57454 b

1    employer and employer representative.
2    (p) "Security employee" means an employee who is
3responsible for the supervision and control of inmates at
4correctional facilities. The term also includes other
5non-security employees in bargaining units having the majority
6of employees being responsible for the supervision and control
7of inmates at correctional facilities.
8    (q) "Short-term employee" means an employee who is
9employed for less than 2 consecutive calendar quarters during
10a calendar year and who does not have a reasonable assurance
11that he or she will be rehired by the same employer for the
12same service in a subsequent calendar year.
13    (q-5) "State agency" means an agency directly responsible
14to the Governor, as defined in Section 3.1 of the Executive
15Reorganization Implementation Act, and the Illinois Commerce
16Commission, the Illinois Workers' Compensation Commission, the
17Civil Service Commission, the Pollution Control Board, the
18Illinois Racing Board, and the Illinois State Police Merit
19Board.
20    (r) "Supervisor" is:
21        (1) An employee whose principal work is substantially
22    different from that of his or her subordinates and who has
23    authority, in the interest of the employer, to hire,
24    transfer, suspend, lay off, recall, promote, discharge,
25    direct, reward, or discipline employees, to adjust their
26    grievances, or to effectively recommend any of those

 

 

HB2863- 20 -LRB103 30908 DTM 57454 b

1    actions without independent review by others, if the
2    exercise of that authority is not of a merely routine or
3    clerical nature, but requires the consistent use of
4    independent judgment on behalf of the employer. The
5    authority to assign is not an indication of supervisory
6    status. Except with respect to police employment, the term
7    "supervisor" includes only those individuals who devote a
8    majority preponderance of their employment time to the
9    actual exercise of exercising that authority, State
10    supervisors notwithstanding. Determinations of supervisor
11    status shall be based on actual employee job duties and
12    not solely on written job descriptions. Nothing in this
13    definition prohibits an individual from also meeting the
14    definition of "managerial employee" under subsection (j)
15    of this Section. In addition, in determining supervisory
16    status in police employment, rank shall not be
17    determinative. The Board shall consider, as evidence of
18    bargaining unit inclusion or exclusion, the common law
19    enforcement policies and relationships between police
20    officer ranks and certification under applicable civil
21    service law, ordinances, personnel codes, or Division 2.1
22    of Article 10 of the Illinois Municipal Code, but these
23    factors shall not be the sole or predominant factors
24    considered by the Board in determining police supervisory
25    status. Subject to the following provisions of this
26    subsection (r), the definition of "supervisor" in this

 

 

HB2863- 21 -LRB103 30908 DTM 57454 b

1    subsection applies to all public employees.
2        Notwithstanding the provisions of the preceding
3    paragraph, in determining supervisory status in fire
4    fighter employment, no fire fighter shall be excluded as a
5    supervisor who has established representation rights under
6    Section 9 of this Act. Further, in fire fighter units,
7    employees shall consist of fire fighters of the highest
8    rank of company officer and below. A company officer may
9    be responsible for multiple companies or apparatus on a
10    shift, multiple stations, or an entire shift. There may be
11    more than one company officer per shift. If a company
12    officer otherwise qualifies as a supervisor under the
13    preceding paragraph, however, he or she shall not be
14    included in the fire fighter unit. If there is no rank
15    between that of chief and the highest company officer, the
16    employer may designate a position on each shift as a Shift
17    Commander, and the persons occupying those positions shall
18    be supervisors. All other ranks above that of the highest
19    company officer shall be supervisors.
20        (2) With respect only to State employees in positions
21    under the jurisdiction of the Attorney General, Secretary
22    of State, Comptroller, or Treasurer (i) that were
23    certified in a bargaining unit on or after December 2,
24    2008, (ii) for which a petition is filed with the Illinois
25    Public Labor Relations Board on or after April 5, 2013
26    (the effective date of Public Act 97-1172), or (iii) for

 

 

HB2863- 22 -LRB103 30908 DTM 57454 b

1    which a petition is pending before the Illinois Public
2    Labor Relations Board on that date, an employee who
3    qualifies as a supervisor under (A) Section 152 of the
4    National Labor Relations Act and (B) orders of the
5    National Labor Relations Board interpreting that provision
6    or decisions of courts reviewing decisions of the National
7    Labor Relations Board.
8    (s)(1) "Unit" means a class of jobs or positions that are
9held by employees whose collective interests may suitably be
10represented by a labor organization for collective bargaining.
11Except with respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Illinois
14State Police, a bargaining unit determined by the Board shall
15not include both employees and supervisors, or supervisors
16only, except as provided in paragraph (2) of this subsection
17(s) and except for bargaining units in existence on July 1,
181984 (the effective date of this Act). With respect to
19non-State fire fighters and paramedics employed by fire
20departments and fire protection districts, non-State peace
21officers, and peace officers in the Illinois State Police, a
22bargaining unit determined by the Board shall not include both
23supervisors and nonsupervisors, or supervisors only, except as
24provided in paragraph (2) of this subsection (s) and except
25for bargaining units in existence on January 1, 1986 (the
26effective date of this amendatory Act of 1985). A bargaining

 

 

HB2863- 23 -LRB103 30908 DTM 57454 b

1unit determined by the Board to contain peace officers shall
2contain no employees other than peace officers unless
3otherwise agreed to by the employer and the labor organization
4or labor organizations involved. Notwithstanding any other
5provision of this Act, a bargaining unit, including a
6historical bargaining unit, containing sworn peace officers of
7the Department of Natural Resources (formerly designated the
8Department of Conservation) shall contain no employees other
9than such sworn peace officers upon the effective date of this
10amendatory Act of 1990 or upon the expiration date of any
11collective bargaining agreement in effect upon the effective
12date of this amendatory Act of 1990 covering both such sworn
13peace officers and other employees. A bargaining unit
14recognized by the Board on or after the effective date of this
15amendatory Act of the 103rd General Assembly shall not, except
16as authorized in paragraph (4), include (i) both employees and
17managerial employees or (ii) only managerial employees.
18    (2) Notwithstanding the exclusion of supervisors from
19bargaining units as provided in paragraph (1) of this
20subsection (s), a public employer may agree to permit its
21supervisory employees to form bargaining units and may bargain
22with those units. This Act shall apply if the public employer
23chooses to bargain under this subsection. Changes to
24bargaining units formed under this paragraph (2) shall be made
25only in accordance with Section 9.
26    (3) Public employees who are court reporters, as defined

 

 

HB2863- 24 -LRB103 30908 DTM 57454 b

1in the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th,
519th, and, on and after December 4, 2006, the 22nd judicial
6circuits; and one unit shall be court reporters employed by
7all other judicial circuits.
8    (4) Notwithstanding the exclusion of managerial employees
9from bargaining units as provided in paragraph (1) of this
10subsection (s), a public employer may agree to permit its
11managerial employees to form bargaining units and may bargain
12with those units. This Act shall apply if the public employer
13chooses to bargain under this subsection (s). Changes to
14bargaining units formed under this paragraph (4) shall be made
15only in accordance with Section 9.
16    (t) "Active petition for certification in a bargaining
17unit" means a petition for certification filed with the Board
18under one of the following case numbers: S-RC-11-110;
19S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
20S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
21S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
22S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
23S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
24S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
25S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
26S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

 

 

HB2863- 25 -LRB103 30908 DTM 57454 b

1S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
2S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
3S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
4S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
5S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
6S-RC-07-100.
7(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
8102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
 
9    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
10    Sec. 9. Elections; recognition.
11    (a) Whenever in accordance with such regulations as may be
12prescribed by the Board a petition has been filed:
13        (1) by a public employee or group of public employees
14    or any labor organization acting in their behalf
15    demonstrating that 30% of the public employees in an
16    appropriate unit (A) wish to be represented for the
17    purposes of collective bargaining by a labor organization
18    as exclusive representative, or (B) asserting that the
19    labor organization which has been certified or is
20    currently recognized by the public employer as bargaining
21    representative is no longer the representative of the
22    majority of public employees in the unit; or
23        (2) by a public employer alleging that one or more
24    labor organizations have presented to it a claim that they
25    be recognized as the representative of a majority of the

 

 

HB2863- 26 -LRB103 30908 DTM 57454 b

1    public employees in an appropriate unit, the Board shall
2    investigate such petition, and if it has reasonable cause
3    to believe that a question of representation exists, shall
4    provide for an appropriate hearing upon due notice. Such
5    hearing shall be held at the offices of the Board or such
6    other location as the Board deems appropriate. If it finds
7    upon the record of the hearing that a question of
8    representation exists, it shall direct an election in
9    accordance with subsection (d) of this Section, which
10    election shall be held not later than 120 days after the
11    date the petition was filed regardless of whether that
12    petition was filed before or after July 1, 1988 (the
13    effective date of Public Act 85-924); provided, however,
14    the Board may extend the time for holding an election by an
15    additional 60 days if, upon motion by a person who has
16    filed a petition under this Section or is the subject of a
17    petition filed under this Section and is a party to such
18    hearing, or upon the Board's own motion, the Board finds
19    that good cause has been shown for extending the election
20    date; provided further, that nothing in this Section shall
21    prohibit the Board, in its discretion, from extending the
22    time for holding an election for so long as may be
23    necessary under the circumstances, where the purpose for
24    such extension is to permit resolution by the Board of an
25    unfair labor practice charge filed by one of the parties
26    to a representational proceeding against the other based

 

 

HB2863- 27 -LRB103 30908 DTM 57454 b

1    upon conduct which may either affect the existence of a
2    question concerning representation or have a tendency to
3    interfere with a fair and free election, where the party
4    filing the charge has not filed a request to proceed with
5    the election; and provided further that prior to the
6    expiration of the total time allotted for holding an
7    election, a person who has filed a petition under this
8    Section or is the subject of a petition filed under this
9    Section and is a party to such hearing or the Board, may
10    move for and obtain the entry of an order in the circuit
11    court of the county in which the majority of the public
12    employees sought to be represented by such person reside,
13    such order extending the date upon which the election
14    shall be held. Such order shall be issued by the circuit
15    court only upon a judicial finding that there has been a
16    sufficient showing that there is good cause to extend the
17    election date beyond such period and shall require the
18    Board to hold the election as soon as is feasible given the
19    totality of the circumstances. Such 120-day period may be
20    extended one or more times by the agreement of all parties
21    to the hearing to a date certain without the necessity of
22    obtaining a court order. The showing of interest in
23    support of a petition filed under paragraph (1) of this
24    subsection (a) may be evidenced by electronic
25    communications, and such writing or communication may be
26    evidenced by the electronic signature of the employee as

 

 

HB2863- 28 -LRB103 30908 DTM 57454 b

1    provided under Section 5-120 of the Electronic Commerce
2    Security Act. The showing of interest shall be valid only
3    if signed within 12 months prior to the filing of the
4    petition. Nothing in this Section prohibits the waiving of
5    hearings by stipulation for the purpose of a consent
6    election in conformity with the rules and regulations of
7    the Board or an election in a unit agreed upon by the
8    parties. Other interested employee organizations may
9    intervene in the proceedings in the manner and within the
10    time period specified by rules and regulations of the
11    Board. Interested parties who are necessary to the
12    proceedings may also intervene in the proceedings in the
13    manner and within the time period specified by the rules
14    and regulations of the Board.
15    (a-5) The Board shall designate an exclusive
16representative for purposes of collective bargaining when the
17representative demonstrates a showing of majority interest by
18employees in the unit. If the parties to a dispute are without
19agreement on the means to ascertain the choice, if any, of
20employee organization as their representative, the Board shall
21ascertain the employees' choice of employee organization, on
22the basis of dues deduction authorization or other evidence,
23or, if necessary, by conducting an election. The showing of
24interest in support of a petition filed under this subsection
25(a-5) may be evidenced by electronic communications, and such
26writing or communication may be evidenced by the electronic

 

 

HB2863- 29 -LRB103 30908 DTM 57454 b

1signature of the employee as provided under Section 5-120 of
2the Electronic Commerce Security Act. The showing of interest
3shall be valid only if signed within 12 months prior to the
4filing of the petition. All evidence submitted by an employee
5organization to the Board to ascertain an employee's choice of
6an employee organization is confidential and shall not be
7submitted to the employer for review. The Board shall
8ascertain the employee's choice of employee organization
9within 120 days after the filing of the majority interest
10petition; however, the Board may extend time by an additional
1160 days, upon its own motion or upon the motion of a party to
12the proceeding. If either party provides to the Board, before
13the designation of a representative, clear and convincing
14evidence that the dues deduction authorizations, and other
15evidence upon which the Board would otherwise rely to
16ascertain the employees' choice of representative, are
17fraudulent or were obtained through coercion, the Board shall
18promptly thereafter conduct an election. The Board shall also
19investigate and consider a party's allegations that the dues
20deduction authorizations and other evidence submitted in
21support of a designation of representative without an election
22were subsequently changed, altered, withdrawn, or withheld as
23a result of employer fraud, coercion, or any other unfair
24labor practice by the employer. If the Board determines that a
25labor organization would have had a majority interest but for
26an employer's fraud, coercion, or unfair labor practice, it

 

 

HB2863- 30 -LRB103 30908 DTM 57454 b

1shall designate the labor organization as an exclusive
2representative without conducting an election. If a hearing is
3necessary to resolve any issues of representation under this
4Section, the Board shall conclude its hearing process and
5issue a certification of the entire appropriate unit not later
6than 120 days after the date the petition was filed. The
7120-day period may be extended one or more times by the
8agreement of all parties to a hearing to a date certain.
9    (a-6) A labor organization or an employer may file a unit
10clarification petition seeking to clarify an existing
11bargaining unit. Unit clarification petitions may be filed if:
12(1) substantial changes occur in the duties and functions of
13an existing job title, raising an issue as to the title's unit
14placement; (2) an existing job title that is logically
15encompassed within the existing unit was inadvertently
16excluded by the parties at the time the unit was established;
17(3) a newly created job title is logically encompassed within
18an existing unit; (4) a significant change takes place in
19statutory or case law that affects the bargaining rights of
20employees; (5) a determination needs to be made as to the unit
21placement of positions in dispute following a majority
22interest certification of representative issued under
23subsection (a-5); (6) a determination needs to be made as to
24the unit placement of positions in dispute following a
25certification of representative issued following a direction
26of election under subsection (d); (7) the parties have agreed

 

 

HB2863- 31 -LRB103 30908 DTM 57454 b

1to eliminate a position or title because the employer no
2longer uses it; (8) the parties have agreed to exclude some of
3the positions in a title or classification from a bargaining
4unit and include others; or (9) as prescribed in rules set by
5the Board. The Board shall conclude its investigation,
6including any hearing process deemed necessary, and issue a
7certification of clarified unit or dismiss the petition not
8later than 120 days after the date the petition was filed. The
9120-day period may be extended one or more times by the
10agreement of all parties to a hearing to a date certain.
11    (b) The Board shall decide in each case, in order to assure
12public employees the fullest freedom in exercising the rights
13guaranteed by this Act, a unit appropriate for the purpose of
14collective bargaining, based upon but not limited to such
15factors as: historical pattern of recognition; community of
16interest including employee skills and functions; degree of
17functional integration; interchangeability and contact among
18employees; fragmentation of employee groups; common
19supervision, wages, hours and other working conditions of the
20employees involved; and the desires of the employees. For
21purposes of this subsection, fragmentation shall not be the
22sole or predominant factor used by the Board in determining an
23appropriate bargaining unit. Except with respect to non-State
24fire fighters and paramedics employed by fire departments and
25fire protection districts, non-State peace officers and peace
26officers in the Illinois State Police, a single bargaining

 

 

HB2863- 32 -LRB103 30908 DTM 57454 b

1unit determined by the Board may not include both supervisors
2and nonsupervisors, except for bargaining units in existence
3on the effective date of this Act. With respect to non-State
4fire fighters and paramedics employed by fire departments and
5fire protection districts, non-State peace officers and peace
6officers in the Illinois State Police, a single bargaining
7unit determined by the Board may not include both supervisors
8and nonsupervisors, except for bargaining units in existence
9on January 1, 1986 (the effective date of Public Act 84-1104).
10    In cases involving an historical pattern of recognition,
11and in cases where the employer has recognized the union as the
12sole and exclusive bargaining agent for a specified existing
13unit, the Board shall find the employees in the unit then
14represented by the union pursuant to the recognition to be the
15appropriate unit.
16    Notwithstanding the above factors, where the majority of
17public employees of a craft so decide, the Board shall
18designate such craft as a unit appropriate for the purposes of
19collective bargaining.
20    Notwithstanding any rule or provision of law to the
21contrary, no public employee position shall be excluded from a
22bargaining unit prior to that position being filled.
23    The Board shall not decide that any unit is appropriate if
24such unit includes both professional and nonprofessional
25employees, unless a majority of each group votes for inclusion
26in such unit.

 

 

HB2863- 33 -LRB103 30908 DTM 57454 b

1    In describing the unit found appropriate for purposes of
2collective bargaining, the Board shall, at a party's request,
3describe the unit in terms of job functions rather than by job
4titles. Unit descriptions may also include those currently
5existing job titles that perform the job functions. A
6bargaining unit shall also include positions later filled that
7perform the job functions of a unit and job titles later
8created that: (i) are successor job titles to the currently
9existing job titles; (ii) perform the same or substantially
10similar job functions as the currently existing job titles; or
11(iii) are logically encompassed within an existing unit. The
12provisions of this paragraph shall apply to bargaining units
13in existence on the effective date of this amendatory Act of
14the 103rd General Assembly.
15    (c) Nothing in this Act shall interfere with or negate the
16current representation rights or patterns and practices of
17labor organizations which have historically represented public
18employees for the purpose of collective bargaining, including
19but not limited to the negotiations of wages, hours and
20working conditions, discussions of employees' grievances,
21resolution of jurisdictional disputes, or the establishment
22and maintenance of prevailing wage rates, unless a majority of
23employees so represented express a contrary desire pursuant to
24the procedures set forth in this Act.
25    (d) In instances where the employer does not voluntarily
26recognize a labor organization as the exclusive bargaining

 

 

HB2863- 34 -LRB103 30908 DTM 57454 b

1representative for a unit of employees, the Board shall
2determine the majority representative of the public employees
3in an appropriate collective bargaining unit by conducting a
4secret ballot election, except as otherwise provided in
5subsection (a-5). Such a secret ballot election may be
6conducted electronically, using an electronic voting system,
7in addition to paper ballot voting systems. Within 7 days
8after the Board issues its bargaining unit determination and
9direction of election or the execution of a stipulation for
10the purpose of a consent election, the public employer shall
11submit to the labor organization the complete names and
12addresses of those employees who are determined by the Board
13to be eligible to participate in the election. When the Board
14has determined that a labor organization has been fairly and
15freely chosen by a majority of employees in an appropriate
16unit, it shall certify such organization as the exclusive
17representative. If the Board determines that a majority of
18employees in an appropriate unit has fairly and freely chosen
19not to be represented by a labor organization, it shall so
20certify. The Board may also revoke the certification of the
21public employee organizations as exclusive bargaining
22representatives which have been found by a secret ballot
23election to be no longer the majority representative.
24    (e) The Board shall not conduct an election in any
25bargaining unit or any subdivision thereof within which a
26valid election has been held in the preceding 12-month period.

 

 

HB2863- 35 -LRB103 30908 DTM 57454 b

1The Board shall determine who is eligible to vote in an
2election and shall establish rules governing the conduct of
3the election or conduct affecting the results of the election.
4The Board shall include on a ballot in a representation
5election a choice of "no representation". A labor organization
6currently representing the bargaining unit of employees shall
7be placed on the ballot in any representation election. In any
8election where none of the choices on the ballot receives a
9majority, a runoff election shall be conducted between the 2
10choices receiving the largest number of valid votes cast in
11the election. A labor organization which receives a majority
12of the votes cast in an election shall be certified by the
13Board as exclusive representative of all public employees in
14the unit.
15    (f) A labor organization shall be designated as the
16exclusive representative by a public employer, provided that
17the labor organization represents a majority of the public
18employees in an appropriate unit. Any employee organization
19which is designated or selected by the majority of public
20employees, in a unit of the public employer having no other
21recognized or certified representative, as their
22representative for purposes of collective bargaining may
23request recognition by the public employer in writing. The
24public employer shall post such request for a period of at
25least 20 days following its receipt thereof on bulletin boards
26or other places used or reserved for employee notices.

 

 

HB2863- 36 -LRB103 30908 DTM 57454 b

1    (g) Within the 20-day period any other interested employee
2organization may petition the Board in the manner specified by
3rules and regulations of the Board, provided that such
4interested employee organization has been designated by at
5least 10% of the employees in an appropriate bargaining unit
6which includes all or some of the employees in the unit
7recognized by the employer. In such event, the Board shall
8proceed with the petition in the same manner as provided by
9paragraph (1) of subsection (a) of this Section.
10    (h) No election shall be directed by the Board in any
11bargaining unit where there is in force a valid collective
12bargaining agreement. The Board, however, may process an
13election petition filed between 90 and 60 days prior to the
14expiration of the date of an agreement, and may further
15refine, by rule or decision, the implementation of this
16provision. Where more than 4 years have elapsed since the
17effective date of the agreement, the agreement shall continue
18to bar an election, except that the Board may process an
19election petition filed between 90 and 60 days prior to the end
20of the fifth year of such an agreement, and between 90 and 60
21days prior to the end of each successive year of such
22agreement.
23    (i) An order of the Board dismissing a representation
24petition, determining and certifying that a labor organization
25has been fairly and freely chosen by a majority of employees in
26an appropriate bargaining unit, determining and certifying

 

 

HB2863- 37 -LRB103 30908 DTM 57454 b

1that a labor organization has not been fairly and freely
2chosen by a majority of employees in the bargaining unit or
3certifying a labor organization as the exclusive
4representative of employees in an appropriate bargaining unit
5because of a determination by the Board that the labor
6organization is the historical bargaining representative of
7employees in the bargaining unit, is a final order. Any person
8aggrieved by any such order issued on or after July 1, 1988
9(the effective date of Public Act 85-924) may apply for and
10obtain judicial review in accordance with provisions of the
11Administrative Review Law, as now or hereafter amended, except
12that such review shall be afforded directly in the Appellate
13Court for the district in which the aggrieved party resides or
14transacts business. Any direct appeal to the Appellate Court
15shall be filed within 35 days from the date that a copy of the
16decision sought to be reviewed was served upon the party
17affected by the decision.
18(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
19102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)