99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0670

 

Introduced 2/3/2015, by Sen. Michael Connelly

 

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

    Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Limits the provisions of the amendatory Act to a county with a population of more than 500,000 and municipalities that lie in whole or in part within such a county. Effective immediately.


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A BILL FOR

 

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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 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    (c-5) In addition to the provisions set forth in subsection
2(c) of this Section, a secretary, assistant, or one of like
3position to a person who formulates, determines, and
4effectuates labor relations policy is presumed to be a
5"confidential employee". The following is considered to be a
6person who formulates, determines, and effectuates labor
7relations policy under the Act: (i) the mayor, village
8president, county board president, county board chairman, or
9other chief executive officer of a unit of local government,
10and (ii) any village or city manager or village or city
11administrator, or anyone in a like position in any unit of
12local government.
13    The provisions of this subsection (c-5) apply only to a
14county with a population of more than 500,000 and
15municipalities that lie in whole or in part within such a
16county. Nothing in this subsection (c-5) shall affect the
17employee status of individuals who were covered by a collective
18bargaining agreement on the effective date of this amendatory
19Act of the 99th General Assembly.
20    (d) "Craft employees" means skilled journeymen, crafts
21persons, and their apprentices and helpers.
22    (e) "Essential services employees" means those public
23employees performing functions so essential that the
24interruption or termination of the function will constitute a
25clear and present danger to the health and safety of the
26persons in the affected community.

 

 

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1    (f) "Exclusive representative", except with respect to
2non-State fire fighters and paramedics employed by fire
3departments and fire protection districts, non-State peace
4officers, and peace officers in the Department of State Police,
5means the labor organization that has been (i) designated by
6the Board as the representative of a majority of public
7employees in an appropriate bargaining unit in accordance with
8the procedures contained in this Act, (ii) historically
9recognized by the State of Illinois or any political
10subdivision of the State before July 1, 1984 (the effective
11date of this Act) as the exclusive representative of the
12employees in an appropriate bargaining unit, (iii) after July
131, 1984 (the effective date of this Act) recognized by an
14employer upon evidence, acceptable to the Board, that the labor
15organization has been designated as the exclusive
16representative by a majority of the employees in an appropriate
17bargaining unit; (iv) recognized as the exclusive
18representative of personal assistants under Executive Order
192003-8 prior to the effective date of this amendatory Act of
20the 93rd General Assembly, and the organization shall be
21considered to be the exclusive representative of the personal
22assistants as defined in this Section; or (v) recognized as the
23exclusive representative of child and day care home providers,
24including licensed and license exempt providers, pursuant to an
25election held under Executive Order 2005-1 prior to the
26effective date of this amendatory Act of the 94th General

 

 

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1Assembly, and the organization shall be considered to be the
2exclusive representative of the child and day care home
3providers as defined in this Section.
4    With respect to non-State fire fighters and paramedics
5employed by fire departments and fire protection districts,
6non-State peace officers, and peace officers in the Department
7of State Police, "exclusive representative" means the labor
8organization that has been (i) designated by the Board as the
9representative of a majority of peace officers or fire fighters
10in an appropriate bargaining unit in accordance with the
11procedures contained in this Act, (ii) historically recognized
12by the State of Illinois or any political subdivision of the
13State before January 1, 1986 (the effective date of this
14amendatory Act of 1985) as the exclusive representative by a
15majority of the peace officers or fire fighters in an
16appropriate bargaining unit, or (iii) after January 1, 1986
17(the effective date of this amendatory Act of 1985) recognized
18by an employer upon evidence, acceptable to the Board, that the
19labor organization has been designated as the exclusive
20representative by a majority of the peace officers or fire
21fighters in an appropriate bargaining unit.
22    Where a historical pattern of representation exists for the
23workers of a water system that was owned by a public utility,
24as defined in Section 3-105 of the Public Utilities Act, prior
25to becoming certified employees of a municipality or
26municipalities once the municipality or municipalities have

 

 

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1acquired the water system as authorized in Section 11-124-5 of
2the Illinois Municipal Code, the Board shall find the labor
3organization that has historically represented the workers to
4be the exclusive representative under this Act, and shall find
5the unit represented by the exclusive representative to be the
6appropriate unit.
7    (g) "Fair share agreement" means an agreement between the
8employer and an employee organization under which all or any of
9the employees in a collective bargaining unit are required to
10pay their proportionate share of the costs of the collective
11bargaining process, contract administration, and pursuing
12matters affecting wages, hours, and other conditions of
13employment, but not to exceed the amount of dues uniformly
14required of members. The amount certified by the exclusive
15representative shall not include any fees for contributions
16related to the election or support of any candidate for
17political office. Nothing in this subsection (g) shall preclude
18an employee from making voluntary political contributions in
19conjunction with his or her fair share payment.
20    (g-1) "Fire fighter" means, for the purposes of this Act
21only, any person who has been or is hereafter appointed to a
22fire department or fire protection district or employed by a
23state university and sworn or commissioned to perform fire
24fighter duties or paramedic duties, except that the following
25persons are not included: part-time fire fighters, auxiliary,
26reserve or voluntary fire fighters, including paid on-call fire

 

 

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1fighters, clerks and dispatchers or other civilian employees of
2a fire department or fire protection district who are not
3routinely expected to perform fire fighter duties, or elected
4officials.
5    (g-2) "General Assembly of the State of Illinois" means the
6legislative branch of the government of the State of Illinois,
7as provided for under Article IV of the Constitution of the
8State of Illinois, and includes but is not limited to the House
9of Representatives, the Senate, the Speaker of the House of
10Representatives, the Minority Leader of the House of
11Representatives, the President of the Senate, the Minority
12Leader of the Senate, the Joint Committee on Legislative
13Support Services and any legislative support services agency
14listed in the Legislative Commission Reorganization Act of
151984.
16    (h) "Governing body" means, in the case of the State, the
17State Panel of the Illinois Labor Relations Board, the Director
18of the Department of Central Management Services, and the
19Director of the Department of Labor; the county board in the
20case of a county; the corporate authorities in the case of a
21municipality; and the appropriate body authorized to provide
22for expenditures of its funds in the case of any other unit of
23government.
24    (i) "Labor organization" means any organization in which
25public employees participate and that exists for the purpose,
26in whole or in part, of dealing with a public employer

 

 

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1concerning wages, hours, and other terms and conditions of
2employment, including the settlement of grievances.
3    (i-5) "Legislative liaison" means a person who is an
4employee of a State agency, the Attorney General, the Secretary
5of State, the Comptroller, or the Treasurer, as the case may
6be, and whose job duties require the person to regularly
7communicate in the course of his or her employment with any
8official or staff of the General Assembly of the State of
9Illinois for the purpose of influencing any legislative action.
10    (j) "Managerial employee" means an individual who is
11engaged predominantly in executive and management functions
12and is charged with the responsibility of directing the
13effectuation of management policies and practices. With
14respect only to State employees in positions under the
15jurisdiction of the Attorney General, Secretary of State,
16Comptroller, or Treasurer (i) that were certified in a
17bargaining unit on or after December 2, 2008, (ii) for which a
18petition is filed with the Illinois Public Labor Relations
19Board on or after April 5, 2013 (the effective date of Public
20Act 97-1172), or (iii) for which a petition is pending before
21the Illinois Public Labor Relations Board on that date,
22"managerial employee" means an individual who is engaged in
23executive and management functions or who is charged with the
24effectuation of management policies and practices or who
25represents management interests by taking or recommending
26discretionary actions that effectively control or implement

 

 

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1policy. Nothing in this definition prohibits an individual from
2also meeting the definition of "supervisor" under subsection
3(r) of this Section.
4    (k) "Peace officer" means, for the purposes of this Act
5only, any persons who have been or are hereafter appointed to a
6police force, department, or agency and sworn or commissioned
7to perform police duties, except that the following persons are
8not included: part-time police officers, special police
9officers, auxiliary police as defined by Section 3.1-30-20 of
10the Illinois Municipal Code, night watchmen, "merchant
11police", court security officers as defined by Section 3-6012.1
12of the Counties Code, temporary employees, traffic guards or
13wardens, civilian parking meter and parking facilities
14personnel or other individuals specially appointed to aid or
15direct traffic at or near schools or public functions or to aid
16in civil defense or disaster, parking enforcement employees who
17are not commissioned as peace officers and who are not armed
18and who are not routinely expected to effect arrests, parking
19lot attendants, clerks and dispatchers or other civilian
20employees of a police department who are not routinely expected
21to effect arrests, or elected officials.
22    (l) "Person" includes one or more individuals, labor
23organizations, public employees, associations, corporations,
24legal representatives, trustees, trustees in bankruptcy,
25receivers, or the State of Illinois or any political
26subdivision of the State or governing body, but does not

 

 

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

 

 

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1under the Home Services Program under Section 3 of the Disabled
2Persons Rehabilitation Act, subject to the limitations set
3forth in this Act and in the Disabled Persons Rehabilitation
4Act, (iii) as of the effective date of this amendatory Act of
5the 94th General Assembly, but not before, child and day care
6home providers participating in the child care assistance
7program under Section 9A-11 of the Illinois Public Aid Code,
8subject to the limitations set forth in this Act and in Section
99A-11 of the Illinois Public Aid Code, (iv) as of January 29,
102013 (the effective date of Public Act 97-1158), but not before
11except as otherwise provided in this subsection (n), home care
12and home health workers who function as personal assistants and
13individual maintenance home health workers and who also work
14under the Home Services Program under Section 3 of the Disabled
15Persons Rehabilitation Act, no matter whether the State
16provides those services through direct fee-for-service
17arrangements, with the assistance of a managed care
18organization or other intermediary, or otherwise, (v)
19beginning on the effective date of this amendatory Act of the
2098th General Assembly and notwithstanding any other provision
21of this Act, any person employed by a public employer and who
22is classified as or who holds the employment title of Chief
23Stationary Engineer, Assistant Chief Stationary Engineer,
24Sewage Plant Operator, Water Plant Operator, Stationary
25Engineer, Plant Operating Engineer, and any other employee who
26holds the position of: Civil Engineer V, Civil Engineer VI,

 

 

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1Civil Engineer VII, Technical Manager I, Technical Manager II,
2Technical Manager III, Technical Manager IV, Technical Manager
3V, Technical Manager VI, Realty Specialist III, Realty
4Specialist IV, Realty Specialist V, Technical Advisor I,
5Technical Advisor II, Technical Advisor III, Technical Advisor
6IV, or Technical Advisor V employed by the Department of
7Transportation who is in a position which is certified in a
8bargaining unit on or before the effective date of this
9amendatory Act of the 98th General Assembly, and (vi) beginning
10on the effective date of this amendatory Act of the 98th
11General Assembly and notwithstanding any other provision of
12this Act, any mental health administrator in the Department of
13Corrections who is classified as or who holds the position of
14Public Service Administrator (Option 8K), any employee of the
15Office of the Inspector General in the Department of Human
16Services who is classified as or who holds the position of
17Public Service Administrator (Option 7), any Deputy of
18Intelligence in the Department of Corrections who is classified
19as or who holds the position of Public Service Administrator
20(Option 7), and any employee of the Department of State Police
21who handles issues concerning the Illinois State Police Sex
22Offender Registry and who is classified as or holds the
23position of Public Service Administrator (Option 7), but
24excluding all of the following: employees of the General
25Assembly of the State of Illinois; elected officials; executive
26heads of a department; members of boards or commissions; the

 

 

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

 

 

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1person who is a State employee under the jurisdiction of the
2Secretary of State who holds the position classification of
3Executive I or higher, whose position authorizes, either
4directly or indirectly, meaningful input into government
5decision-making on issues where there is room for principled
6disagreement on goals or their implementation, or who is
7otherwise exempt under the Secretary of State Merit Employment
8Code; employees in the Office of the Secretary of State who are
9completely exempt from jurisdiction B of the Secretary of State
10Merit Employment Code and who are in Rutan-exempt positions on
11or after April 5, 2013 (the effective date of Public Act
1297-1172); a person who is a State employee under the
13jurisdiction of the Treasurer who holds a position that is
14exempt from the State Treasurer Employment Code; any employee
15of a State agency who (i) holds the title or position of, or
16exercises substantially similar duties as a legislative
17liaison, Agency General Counsel, Agency Chief of Staff, Agency
18Executive Director, Agency Deputy Director, Agency Chief
19Fiscal Officer, Agency Human Resources Director, Public
20Information Officer, or Chief Information Officer and (ii) was
21neither included in a bargaining unit nor subject to an active
22petition for certification in a bargaining unit; any employee
23of a State agency who (i) is in a position that is
24Rutan-exempt, as designated by the employer, and completely
25exempt from jurisdiction B of the Personnel Code and (ii) was
26neither included in a bargaining unit nor subject to an active

 

 

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1petition for certification in a bargaining unit; any term
2appointed employee of a State agency pursuant to Section 8b.18
3or 8b.19 of the Personnel Code who was neither included in a
4bargaining unit nor subject to an active petition for
5certification in a bargaining unit; any employment position
6properly designated pursuant to Section 6.1 of this Act;
7confidential employees; independent contractors; and
8supervisors except as provided in this Act.
9    Home care and home health workers who function as personal
10assistants and individual maintenance home health workers and
11who also work under the Home Services Program under Section 3
12of the Disabled Persons Rehabilitation Act shall not be
13considered public employees for any purposes not specifically
14provided for in Public Act 93-204 or Public Act 97-1158,
15including but not limited to, purposes of vicarious liability
16in tort and purposes of statutory retirement or health
17insurance benefits. Home care and home health workers who
18function as personal assistants and individual maintenance
19home health workers and who also work under the Home Services
20Program under Section 3 of the Disabled Persons Rehabilitation
21Act shall not be covered by the State Employees Group Insurance
22Act of 1971 (5 ILCS 375/).
23    Child and day care home providers shall not be considered
24public employees for any purposes not specifically provided for
25in this amendatory Act of the 94th General Assembly, including
26but not limited to, purposes of vicarious liability in tort and

 

 

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1purposes of statutory retirement or health insurance benefits.
2Child and day care home providers shall not be covered by the
3State Employees Group Insurance Act of 1971.
4    Notwithstanding Section 9, subsection (c), or any other
5provisions of this Act, all peace officers above the rank of
6captain in municipalities with more than 1,000,000 inhabitants
7shall be excluded from this Act.
8    (o) Except as otherwise in subsection (o-5), "public
9employer" or "employer" means the State of Illinois; any
10political subdivision of the State, unit of local government or
11school district; authorities including departments, divisions,
12bureaus, boards, commissions, or other agencies of the
13foregoing entities; and any person acting within the scope of
14his or her authority, express or implied, on behalf of those
15entities in dealing with its employees. As of the effective
16date of the amendatory Act of the 93rd General Assembly, but
17not before, the State of Illinois shall be considered the
18employer of the personal assistants working under the Home
19Services Program under Section 3 of the Disabled Persons
20Rehabilitation Act, subject to the limitations set forth in
21this Act and in the Disabled Persons Rehabilitation Act. As of
22January 29, 2013 (the effective date of Public Act 97-1158),
23but not before except as otherwise provided in this subsection
24(o), the State shall be considered the employer of home care
25and home health workers who function as personal assistants and
26individual maintenance home health workers and who also work

 

 

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1under the Home Services Program under Section 3 of the Disabled
2Persons Rehabilitation Act, no matter whether the State
3provides those services through direct fee-for-service
4arrangements, with the assistance of a managed care
5organization or other intermediary, or otherwise, but subject
6to the limitations set forth in this Act and the Disabled
7Persons Rehabilitation Act. The State shall not be considered
8to be the employer of home care and home health workers who
9function as personal assistants and individual maintenance
10home health workers and who also work under the Home Services
11Program under Section 3 of the Disabled Persons Rehabilitation
12Act, for any purposes not specifically provided for in Public
13Act 93-204 or Public Act 97-1158, including but not limited to,
14purposes of vicarious liability in tort and purposes of
15statutory retirement or health insurance benefits. Home care
16and home health workers who function as personal assistants and
17individual maintenance home health workers and who also work
18under the Home Services Program under Section 3 of the Disabled
19Persons Rehabilitation Act shall not be covered by the State
20Employees Group Insurance Act of 1971 (5 ILCS 375/). As of the
21effective date of this amendatory Act of the 94th General
22Assembly but not before, the State of Illinois shall be
23considered the employer of the day and child care home
24providers participating in the child care assistance program
25under Section 9A-11 of the Illinois Public Aid Code, subject to
26the limitations set forth in this Act and in Section 9A-11 of

 

 

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1the Illinois Public Aid Code. The State shall not be considered
2to be the employer of child and day care home providers for any
3purposes not specifically provided for in this amendatory Act
4of the 94th General Assembly, including but not limited to,
5purposes of vicarious liability in tort and purposes of
6statutory retirement or health insurance benefits. Child and
7day care home providers shall not be covered by the State
8Employees Group Insurance Act of 1971.
9    "Public employer" or "employer" as used in this Act,
10however, does not mean and shall not include the General
11Assembly of the State of Illinois, the Executive Ethics
12Commission, the Offices of the Executive Inspectors General,
13the Legislative Ethics Commission, the Office of the
14Legislative Inspector General, the Office of the Auditor
15General's Inspector General, the Office of the Governor, the
16Governor's Office of Management and Budget, the Illinois
17Finance Authority, the Office of the Lieutenant Governor, the
18State Board of Elections, and educational employers or
19employers as defined in the Illinois Educational Labor
20Relations Act, except with respect to a state university in its
21employment of firefighters and peace officers and except with
22respect to a school district in the employment of peace
23officers in its own police department in existence on the
24effective date of this amendatory Act of the 96th General
25Assembly. County boards and county sheriffs shall be designated
26as joint or co-employers of county peace officers appointed

 

 

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1under the authority of a county sheriff. Nothing in this
2subsection (o) shall be construed to prevent the State Panel or
3the Local Panel from determining that employers are joint or
4co-employers.
5    (o-5) With respect to wages, fringe benefits, hours,
6holidays, vacations, proficiency examinations, sick leave, and
7other conditions of employment, the public employer of public
8employees who are court reporters, as defined in the Court
9Reporters Act, shall be determined as follows:
10        (1) For court reporters employed by the Cook County
11    Judicial Circuit, the chief judge of the Cook County
12    Circuit Court is the public employer and employer
13    representative.
14        (2) For court reporters employed by the 12th, 18th,
15    19th, and, on and after December 4, 2006, the 22nd judicial
16    circuits, a group consisting of the chief judges of those
17    circuits, acting jointly by majority vote, is the public
18    employer and employer representative.
19        (3) For court reporters employed by all other judicial
20    circuits, a group consisting of the chief judges of those
21    circuits, acting jointly by majority vote, is the public
22    employer and employer representative.
23    (p) "Security employee" means an employee who is
24responsible for the supervision and control of inmates at
25correctional facilities. The term also includes other
26non-security employees in bargaining units having the majority

 

 

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1of employees being responsible for the supervision and control
2of inmates at correctional facilities.
3    (q) "Short-term employee" means an employee who is employed
4for less than 2 consecutive calendar quarters during a calendar
5year and who does not have a reasonable assurance that he or
6she will be rehired by the same employer for the same service
7in a subsequent calendar year.
8    (q-5) "State agency" means an agency directly responsible
9to the Governor, as defined in Section 3.1 of the Executive
10Reorganization Implementation Act, and the Illinois Commerce
11Commission, the Illinois Workers' Compensation Commission, the
12Civil Service Commission, the Pollution Control Board, the
13Illinois Racing Board, and the Department of State Police Merit
14Board.
15    (r) "Supervisor" is:
16        (1) An employee whose principal work is substantially
17    different from that of his or her subordinates and who has
18    authority, in the interest of the employer, to hire,
19    transfer, suspend, lay off, recall, promote, discharge,
20    direct, reward, or discipline employees, to adjust their
21    grievances, or to effectively recommend any of those
22    actions, if the exercise of that authority is not of a
23    merely routine or clerical nature, but requires the
24    consistent use of independent judgment. Except with
25    respect to police employment, the term "supervisor"
26    includes only those individuals who devote a preponderance

 

 

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1    of their employment time to exercising that authority,
2    State supervisors notwithstanding. Nothing in this
3    definition prohibits an individual from also meeting the
4    definition of "managerial employee" under subsection (j)
5    of this Section. In addition, in determining supervisory
6    status in police employment, rank shall not be
7    determinative. The Board shall consider, as evidence of
8    bargaining unit inclusion or exclusion, the common law
9    enforcement policies and relationships between police
10    officer ranks and certification under applicable civil
11    service law, ordinances, personnel codes, or Division 2.1
12    of Article 10 of the Illinois Municipal Code, but these
13    factors shall not be the sole or predominant factors
14    considered by the Board in determining police supervisory
15    status.
16        Notwithstanding the provisions of the preceding
17    paragraph, in determining supervisory status in fire
18    fighter employment, no fire fighter shall be excluded as a
19    supervisor who has established representation rights under
20    Section 9 of this Act. Further, in new fire fighter units,
21    employees shall consist of fire fighters of the rank of
22    company officer and below. If a company officer otherwise
23    qualifies as a supervisor under the preceding paragraph,
24    however, he or she shall not be included in the fire
25    fighter unit. If there is no rank between that of chief and
26    the highest company officer, the employer may designate a

 

 

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1    position on each shift as a Shift Commander, and the
2    persons occupying those positions shall be supervisors.
3    All other ranks above that of company officer shall be
4    supervisors.
5        (2) With respect only to State employees in positions
6    under the jurisdiction of the Attorney General, Secretary
7    of State, Comptroller, or Treasurer (i) that were certified
8    in a bargaining unit on or after December 2, 2008, (ii) for
9    which a petition is filed with the Illinois Public Labor
10    Relations Board on or after April 5, 2013 (the effective
11    date of Public Act 97-1172), or (iii) for which a petition
12    is pending before the Illinois Public Labor Relations Board
13    on that date, an employee who qualifies as a supervisor
14    under (A) Section 152 of the National Labor Relations Act
15    and (B) orders of the National Labor Relations Board
16    interpreting that provision or decisions of courts
17    reviewing decisions of the National Labor Relations Board.
18    (s)(1) "Unit" means a class of jobs or positions that are
19held by employees whose collective interests may suitably be
20represented by a labor organization for collective bargaining.
21Except with respect to non-State fire fighters and paramedics
22employed by fire departments and fire protection districts,
23non-State peace officers, and peace officers in the Department
24of State Police, a bargaining unit determined by the Board
25shall not include both employees and supervisors, or
26supervisors only, except as provided in paragraph (2) of this

 

 

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1subsection (s) and except for bargaining units in existence on
2July 1, 1984 (the effective date of this Act). With respect to
3non-State fire fighters and paramedics employed by fire
4departments and fire protection districts, non-State peace
5officers, and peace officers in the Department of State Police,
6a bargaining unit determined by the Board shall not include
7both supervisors and nonsupervisors, or supervisors only,
8except as provided in paragraph (2) of this subsection (s) and
9except for bargaining units in existence on January 1, 1986
10(the effective date of this amendatory Act of 1985). A
11bargaining unit determined by the Board to contain peace
12officers shall contain no employees other than peace officers
13unless otherwise agreed to by the employer and the labor
14organization or labor organizations involved. Notwithstanding
15any other provision of this Act, a bargaining unit, including a
16historical bargaining unit, containing sworn peace officers of
17the Department of Natural Resources (formerly designated the
18Department of Conservation) shall contain no employees other
19than such sworn peace officers upon the effective date of this
20amendatory Act of 1990 or upon the expiration date of any
21collective bargaining agreement in effect upon the effective
22date of this amendatory Act of 1990 covering both such sworn
23peace officers and other employees.
24    (2) Notwithstanding the exclusion of supervisors from
25bargaining units as provided in paragraph (1) of this
26subsection (s), a public employer may agree to permit its

 

 

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1supervisory employees to form bargaining units and may bargain
2with those units. This Act shall apply if the public employer
3chooses to bargain under this subsection.
4    (3) Public employees who are court reporters, as defined in
5the Court Reporters Act, shall be divided into 3 units for
6collective bargaining purposes. One unit shall be court
7reporters employed by the Cook County Judicial Circuit; one
8unit shall be court reporters employed by the 12th, 18th, 19th,
9and, on and after December 4, 2006, the 22nd judicial circuits;
10and one unit shall be court reporters employed by all other
11judicial circuits.
12    (t) "Active petition for certification in a bargaining
13unit" means a petition for certification filed with the Board
14under one of the following case numbers: S-RC-11-110;
15S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
16S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
17S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
18S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
19S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
20S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
21S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
22S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
23S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
24S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
25S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
26S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

 

 

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1S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
2S-RC-07-100.
3(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
497-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.
58-18-14.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.