96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0741

 

Introduced 2/6/2009, by Rep. Michael K. Smith

 

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

    Amends the Illinois Public Labor Relations Act. Redefines "public employee" to include firefighters and peace officers employed by school districts. Redefines "public employer" to include school districts in their employment of firefighters and peace officers. Redefines "fire fighter" to include those employed by school districts. Effective immediately.


LRB096 03343 JAM 13364 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0741 LRB096 03343 JAM 13364 b

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

 

 

HB0741 - 2 - LRB096 03343 JAM 13364 b

1     (d) "Craft employees" means skilled journeymen, crafts
2 persons, and their apprentices and helpers.
3     (e) "Essential services employees" means those public
4 employees performing functions so essential that the
5 interruption or termination of the function will constitute a
6 clear and present danger to the health and safety of the
7 persons in the affected community.
8     (f) "Exclusive representative", except with respect to
9 non-State fire fighters and paramedics employed by fire
10 departments and fire protection districts, non-State peace
11 officers, and peace officers in the Department of State Police,
12 means the labor organization that has been (i) designated by
13 the Board as the representative of a majority of public
14 employees in an appropriate bargaining unit in accordance with
15 the procedures contained in this Act, (ii) historically
16 recognized by the State of Illinois or any political
17 subdivision of the State before July 1, 1984 (the effective
18 date of this Act) as the exclusive representative of the
19 employees in an appropriate bargaining unit, (iii) after July
20 1, 1984 (the effective date of this Act) recognized by an
21 employer upon evidence, acceptable to the Board, that the labor
22 organization has been designated as the exclusive
23 representative by a majority of the employees in an appropriate
24 bargaining unit; (iv) recognized as the exclusive
25 representative of personal care attendants or personal
26 assistants under Executive Order 2003-8 prior to the effective

 

 

HB0741 - 3 - LRB096 03343 JAM 13364 b

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

 

 

HB0741 - 4 - LRB096 03343 JAM 13364 b

1 labor organization has been designated as the exclusive
2 representative by a majority of the peace officers or fire
3 fighters in an appropriate bargaining unit.
4     (g) "Fair share agreement" means an agreement between the
5 employer and an employee organization under which all or any of
6 the employees in a collective bargaining unit are required to
7 pay their proportionate share of the costs of the collective
8 bargaining process, contract administration, and pursuing
9 matters affecting wages, hours, and other conditions of
10 employment, but not to exceed the amount of dues uniformly
11 required of members. The amount certified by the exclusive
12 representative shall not include any fees for contributions
13 related to the election or support of any candidate for
14 political office. Nothing in this subsection (g) shall preclude
15 an employee from making voluntary political contributions in
16 conjunction with his or her fair share payment.
17     (g-1) "Fire fighter" means, for the purposes of this Act
18 only, any person who has been or is hereafter appointed to a
19 fire department or fire protection district or employed by a
20 state university or school district and sworn or commissioned
21 to perform fire fighter duties or paramedic duties, except that
22 the following persons are not included: part-time fire
23 fighters, auxiliary, reserve or voluntary fire fighters,
24 including paid on-call fire fighters, clerks and dispatchers or
25 other civilian employees of a fire department or fire
26 protection district who are not routinely expected to perform

 

 

HB0741 - 5 - LRB096 03343 JAM 13364 b

1 fire fighter duties, or elected officials.
2     (g-2) "General Assembly of the State of Illinois" means the
3 legislative branch of the government of the State of Illinois,
4 as provided for under Article IV of the Constitution of the
5 State of Illinois, and includes but is not limited to the House
6 of Representatives, the Senate, the Speaker of the House of
7 Representatives, the Minority Leader of the House of
8 Representatives, the President of the Senate, the Minority
9 Leader of the Senate, the Joint Committee on Legislative
10 Support Services and any legislative support services agency
11 listed in the Legislative Commission Reorganization Act of
12 1984.
13     (h) "Governing body" means, in the case of the State, the
14 State Panel of the Illinois Labor Relations Board, the Director
15 of the Department of Central Management Services, and the
16 Director of the Department of Labor; the county board in the
17 case of a county; the corporate authorities in the case of a
18 municipality; and the appropriate body authorized to provide
19 for expenditures of its funds in the case of any other unit of
20 government.
21     (i) "Labor organization" means any organization in which
22 public employees participate and that exists for the purpose,
23 in whole or in part, of dealing with a public employer
24 concerning wages, hours, and other terms and conditions of
25 employment, including the settlement of grievances.
26     (j) "Managerial employee" means an individual who is

 

 

HB0741 - 6 - LRB096 03343 JAM 13364 b

1 engaged predominantly in executive and management functions
2 and is charged with the responsibility of directing the
3 effectuation of management policies and practices.
4     (k) "Peace officer" means, for the purposes of this Act
5 only, any persons who have been or are hereafter appointed to a
6 police force, department, or agency and sworn or commissioned
7 to perform police duties, except that the following persons are
8 not included: part-time police officers, special police
9 officers, auxiliary police as defined by Section 3.1-30-20 of
10 the Illinois Municipal Code, night watchmen, "merchant
11 police", court security officers as defined by Section 3-6012.1
12 of the Counties Code, temporary employees, traffic guards or
13 wardens, civilian parking meter and parking facilities
14 personnel or other individuals specially appointed to aid or
15 direct traffic at or near schools or public functions or to aid
16 in civil defense or disaster, parking enforcement employees who
17 are not commissioned as peace officers and who are not armed
18 and who are not routinely expected to effect arrests, parking
19 lot attendants, clerks and dispatchers or other civilian
20 employees of a police department who are not routinely expected
21 to effect arrests, or elected officials.
22     (l) "Person" includes one or more individuals, labor
23 organizations, public employees, associations, corporations,
24 legal representatives, trustees, trustees in bankruptcy,
25 receivers, or the State of Illinois or any political
26 subdivision of the State or governing body, but does not

 

 

HB0741 - 7 - LRB096 03343 JAM 13364 b

1 include the General Assembly of the State of Illinois or any
2 individual employed by the General Assembly of the State of
3 Illinois.
4     (m) "Professional employee" means any employee engaged in
5 work predominantly intellectual and varied in character rather
6 than routine mental, manual, mechanical or physical work;
7 involving the consistent exercise of discretion and adjustment
8 in its performance; of such a character that the output
9 produced or the result accomplished cannot be standardized in
10 relation to a given period of time; and requiring advanced
11 knowledge in a field of science or learning customarily
12 acquired by a prolonged course of specialized intellectual
13 instruction and study in an institution of higher learning or a
14 hospital, as distinguished from a general academic education or
15 from apprenticeship or from training in the performance of
16 routine mental, manual, or physical processes; or any employee
17 who has completed the courses of specialized intellectual
18 instruction and study prescribed in this subsection (m) and is
19 performing related work under the supervision of a professional
20 person to qualify to become a professional employee as defined
21 in this subsection (m).
22     (n) "Public employee" or "employee", for the purposes of
23 this Act, means any individual employed by a public employer,
24 including (i) interns and residents at public hospitals, (ii)
25 as of the effective date of this amendatory Act of the 93rd
26 General Assembly, but not before, personal care attendants and

 

 

HB0741 - 8 - LRB096 03343 JAM 13364 b

1 personal assistants working under the Home Services Program
2 under Section 3 of the Disabled Persons Rehabilitation Act,
3 subject to the limitations set forth in this Act and in the
4 Disabled Persons Rehabilitation Act, and (iii) as of the
5 effective date of this amendatory Act of the 94th General
6 Assembly, but not before, child and day care home providers
7 participating in the child care assistance program under
8 Section 9A-11 of the Illinois Public Aid Code, subject to the
9 limitations set forth in this Act and in Section 9A-11 of the
10 Illinois Public Aid Code, but excluding all of the following:
11 employees of the General Assembly of the State of Illinois;
12 elected officials; executive heads of a department; members of
13 boards or commissions; the Executive Inspectors General; any
14 special Executive Inspectors General; employees of each Office
15 of an Executive Inspector General; commissioners and employees
16 of the Executive Ethics Commission; the Auditor General's
17 Inspector General; employees of the Office of the Auditor
18 General's Inspector General; the Legislative Inspector
19 General; any special Legislative Inspectors General; employees
20 of the Office of the Legislative Inspector General;
21 commissioners and employees of the Legislative Ethics
22 Commission; employees of any agency, board or commission
23 created by this Act; employees appointed to State positions of
24 a temporary or emergency nature; all employees of school
25 districts and higher education institutions except
26 firefighters and peace officers employed by a state university

 

 

HB0741 - 9 - LRB096 03343 JAM 13364 b

1 or school district; managerial employees; short-term
2 employees; confidential employees; independent contractors;
3 and supervisors except as provided in this Act.
4     Personal care attendants and personal assistants shall not
5 be considered public employees for any purposes not
6 specifically provided for in the amendatory Act of the 93rd
7 General Assembly, including but not limited to, purposes of
8 vicarious liability in tort and purposes of statutory
9 retirement or health insurance benefits. Personal care
10 attendants and personal assistants shall not be covered by the
11 State Employees Group Insurance Act of 1971 (5 ILCS 375/).
12     Child and day care home providers shall not be considered
13 public employees for any purposes not specifically provided for
14 in this amendatory Act of the 94th General Assembly, including
15 but not limited to, purposes of vicarious liability in tort and
16 purposes of statutory retirement or health insurance benefits.
17 Child and day care home providers shall not be covered by the
18 State Employees Group Insurance Act of 1971.
19     Notwithstanding Section 9, subsection (c), or any other
20 provisions of this Act, all peace officers above the rank of
21 captain in municipalities with more than 1,000,000 inhabitants
22 shall be excluded from this Act.
23     (o) Except as otherwise in subsection (o-5), "public
24 employer" or "employer" means the State of Illinois; any
25 political subdivision of the State, unit of local government or
26 school district; authorities including departments, divisions,

 

 

HB0741 - 10 - LRB096 03343 JAM 13364 b

1 bureaus, boards, commissions, or other agencies of the
2 foregoing entities; and any person acting within the scope of
3 his or her authority, express or implied, on behalf of those
4 entities in dealing with its employees. As of the effective
5 date of the amendatory Act of the 93rd General Assembly, but
6 not before, the State of Illinois shall be considered the
7 employer of the personal care attendants and personal
8 assistants working under the Home Services Program under
9 Section 3 of the Disabled Persons Rehabilitation Act, subject
10 to the limitations set forth in this Act and in the Disabled
11 Persons Rehabilitation Act. The State shall not be considered
12 to be the employer of personal care attendants and personal
13 assistants for any purposes not specifically provided for in
14 this amendatory Act of the 93rd General Assembly, including but
15 not limited to, purposes of vicarious liability in tort and
16 purposes of statutory retirement or health insurance benefits.
17 Personal care attendants and personal assistants shall not be
18 covered by the State Employees Group Insurance Act of 1971 (5
19 ILCS 375/). As of the effective date of this amendatory Act of
20 the 94th General Assembly but not before, the State of Illinois
21 shall be considered the employer of the day and child care home
22 providers participating in the child care assistance program
23 under Section 9A-11 of the Illinois Public Aid Code, subject to
24 the limitations set forth in this Act and in Section 9A-11 of
25 the Illinois Public Aid Code. The State shall not be considered
26 to be the employer of child and day care home providers for any

 

 

HB0741 - 11 - LRB096 03343 JAM 13364 b

1 purposes not specifically provided for in this amendatory Act
2 of the 94th General Assembly, including but not limited to,
3 purposes of vicarious liability in tort and purposes of
4 statutory retirement or health insurance benefits. Child and
5 day care home providers shall not be covered by the State
6 Employees Group Insurance Act of 1971.
7     "Public employer" or "employer" as used in this Act,
8 however, does not mean and shall not include the General
9 Assembly of the State of Illinois, the Executive Ethics
10 Commission, the Offices of the Executive Inspectors General,
11 the Legislative Ethics Commission, the Office of the
12 Legislative Inspector General, the Office of the Auditor
13 General's Inspector General, and educational employers or
14 employers as defined in the Illinois Educational Labor
15 Relations Act, except with respect to a state university or
16 school district in its employment of firefighters and peace
17 officers. County boards and county sheriffs shall be designated
18 as joint or co-employers of county peace officers appointed
19 under the authority of a county sheriff. Nothing in this
20 subsection (o) shall be construed to prevent the State Panel or
21 the Local Panel from determining that employers are joint or
22 co-employers.
23     (o-5) With respect to wages, fringe benefits, hours,
24 holidays, vacations, proficiency examinations, sick leave, and
25 other conditions of employment, the public employer of public
26 employees who are court reporters, as defined in the Court

 

 

HB0741 - 12 - LRB096 03343 JAM 13364 b

1 Reporters Act, shall be determined as follows:
2         (1) For court reporters employed by the Cook County
3     Judicial Circuit, the chief judge of the Cook County
4     Circuit Court is the public employer and employer
5     representative.
6         (2) For court reporters employed by the 12th, 18th,
7     19th, and, on and after December 4, 2006, the 22nd judicial
8     circuits, a group consisting of the chief judges of those
9     circuits, acting jointly by majority vote, is the public
10     employer and employer representative.
11         (3) For court reporters employed by all other judicial
12     circuits, a group consisting of the chief judges of those
13     circuits, acting jointly by majority vote, is the public
14     employer and employer representative.
15     (p) "Security employee" means an employee who is
16 responsible for the supervision and control of inmates at
17 correctional facilities. The term also includes other
18 non-security employees in bargaining units having the majority
19 of employees being responsible for the supervision and control
20 of inmates at correctional facilities.
21     (q) "Short-term employee" means an employee who is employed
22 for less than 2 consecutive calendar quarters during a calendar
23 year and who does not have a reasonable assurance that he or
24 she will be rehired by the same employer for the same service
25 in a subsequent calendar year.
26     (r) "Supervisor" is an employee whose principal work is

 

 

HB0741 - 13 - LRB096 03343 JAM 13364 b

1 substantially different from that of his or her subordinates
2 and who has authority, in the interest of the employer, to
3 hire, transfer, suspend, lay off, recall, promote, discharge,
4 direct, reward, or discipline employees, to adjust their
5 grievances, or to effectively recommend any of those actions,
6 if the exercise of that authority is not of a merely routine or
7 clerical nature, but requires the consistent use of independent
8 judgment. Except with respect to police employment, the term
9 "supervisor" includes only those individuals who devote a
10 preponderance of their employment time to exercising that
11 authority, State supervisors notwithstanding. In addition, in
12 determining supervisory status in police employment, rank
13 shall not be determinative. The Board shall consider, as
14 evidence of bargaining unit inclusion or exclusion, the common
15 law enforcement policies and relationships between police
16 officer ranks and certification under applicable civil service
17 law, ordinances, personnel codes, or Division 2.1 of Article 10
18 of the Illinois Municipal Code, but these factors shall not be
19 the sole or predominant factors considered by the Board in
20 determining police supervisory status.
21     Notwithstanding the provisions of the preceding paragraph,
22 in determining supervisory status in fire fighter employment,
23 no fire fighter shall be excluded as a supervisor who has
24 established representation rights under Section 9 of this Act.
25 Further, in new fire fighter units, employees shall consist of
26 fire fighters of the rank of company officer and below. If a

 

 

HB0741 - 14 - LRB096 03343 JAM 13364 b

1 company officer otherwise qualifies as a supervisor under the
2 preceding paragraph, however, he or she shall not be included
3 in the fire fighter unit. If there is no rank between that of
4 chief and the highest company officer, the employer may
5 designate a position on each shift as a Shift Commander, and
6 the persons occupying those positions shall be supervisors. All
7 other ranks above that of company officer shall be supervisors.
8     (s) (1) "Unit" means a class of jobs or positions that are
9     held by employees whose collective interests may suitably
10     be represented by a labor organization for collective
11     bargaining. Except with respect to non-State fire fighters
12     and paramedics employed by fire departments and fire
13     protection districts, non-State peace officers, and peace
14     officers in the Department of State Police, a bargaining
15     unit determined by the Board shall not include both
16     employees and supervisors, or supervisors only, except as
17     provided in paragraph (2) of this subsection (s) and except
18     for bargaining units in existence on July 1, 1984 (the
19     effective date of this Act). With respect to non-State fire
20     fighters and paramedics employed by fire departments and
21     fire protection districts, non-State peace officers, and
22     peace officers in the Department of State Police, a
23     bargaining unit determined by the Board shall not include
24     both supervisors and nonsupervisors, or supervisors only,
25     except as provided in paragraph (2) of this subsection (s)
26     and except for bargaining units in existence on January 1,

 

 

HB0741 - 15 - LRB096 03343 JAM 13364 b

1     1986 (the effective date of this amendatory Act of 1985). A
2     bargaining unit determined by the Board to contain peace
3     officers shall contain no employees other than peace
4     officers unless otherwise agreed to by the employer and the
5     labor organization or labor organizations involved.
6     Notwithstanding any other provision of this Act, a
7     bargaining unit, including a historical bargaining unit,
8     containing sworn peace officers of the Department of
9     Natural Resources (formerly designated the Department of
10     Conservation) shall contain no employees other than such
11     sworn peace officers upon the effective date of this
12     amendatory Act of 1990 or upon the expiration date of any
13     collective bargaining agreement in effect upon the
14     effective date of this amendatory Act of 1990 covering both
15     such sworn peace officers and other employees.
16         (2) Notwithstanding the exclusion of supervisors from
17     bargaining units as provided in paragraph (1) of this
18     subsection (s), a public employer may agree to permit its
19     supervisory employees to form bargaining units and may
20     bargain with those units. This Act shall apply if the
21     public employer chooses to bargain under this subsection.
22         (3) Public employees who are court reporters, as
23     defined in the Court Reporters Act, shall be divided into 3
24     units for collective bargaining purposes. One unit shall be
25     court reporters employed by the Cook County Judicial
26     Circuit; one unit shall be court reporters employed by the

 

 

HB0741 - 16 - LRB096 03343 JAM 13364 b

1     12th, 18th, 19th, and, on and after December 4, 2006, the
2     22nd judicial circuits; and one unit shall be court
3     reporters employed by all other judicial circuits.
4 (Source: P.A. 94-98, eff. 7-1-05; 94-320, eff. 1-1-06; 95-331,
5 eff. 8-21-07.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.