Full Text of HB0220 102nd General Assembly
HB0220enr 102ND GENERAL ASSEMBLY |
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| 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 | 15 | | other conditions of employment,
as detailed in Section 7 and | 16 | | which 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.
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| 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 | 12 | | Police, means the labor organization that has
been (i) | 13 | | designated by the Board as the representative of a majority of | 14 | | public
employees in an appropriate bargaining unit in | 15 | | accordance with the procedures
contained in this Act, (ii) | 16 | | historically
recognized by the State of Illinois or
any | 17 | | political subdivision of the State before July 1, 1984
(the | 18 | | effective date of this
Act) as the exclusive representative of | 19 | | the employees in an appropriate
bargaining unit, (iii) after | 20 | | July 1, 1984 (the
effective date of this Act) recognized by an
| 21 | | employer upon evidence, acceptable to the Board, that the | 22 | | labor
organization has been designated as the exclusive | 23 | | representative by a
majority of the employees in an | 24 | | appropriate bargaining unit;
(iv) recognized as the exclusive | 25 | | representative of personal
assistants under Executive Order | 26 | | 2003-8 prior to the effective date of this
amendatory
Act of |
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| 1 | | the 93rd General Assembly, and the organization shall be | 2 | | considered to
be the
exclusive representative of the personal | 3 | | assistants
as defined
in this Section; or (v) recognized as | 4 | | the exclusive representative of child and day care home | 5 | | providers, including licensed and license exempt providers, | 6 | | pursuant to an election held under Executive Order 2005-1 | 7 | | prior to the effective date of this amendatory Act of the 94th | 8 | | General Assembly, and the organization shall be considered to | 9 | | be the exclusive representative of the child and day care home | 10 | | providers as defined in this Section.
| 11 | | With respect to non-State fire fighters and paramedics | 12 | | employed by fire
departments and fire protection districts, | 13 | | non-State peace officers, and
peace officers in the Department | 14 | | of State Police,
"exclusive representative" means the labor | 15 | | organization that has
been (i) designated by the Board as the | 16 | | representative of a majority of peace
officers or fire | 17 | | fighters in an appropriate bargaining unit in accordance
with | 18 | | the procedures contained in this Act, (ii)
historically | 19 | | recognized
by the State of Illinois or any political | 20 | | subdivision of the State before
January 1, 1986 (the effective | 21 | | date of this amendatory Act of 1985) as the exclusive
| 22 | | representative by a majority of the peace officers or fire | 23 | | fighters in an
appropriate bargaining unit, or (iii) after | 24 | | January 1,
1986 (the effective date of this amendatory
Act of | 25 | | 1985) recognized by an employer upon evidence, acceptable to | 26 | | the
Board, that the labor organization has been designated as |
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| 1 | | the exclusive
representative by a majority of the peace | 2 | | officers or fire fighters in an
appropriate bargaining unit.
| 3 | | Where a historical pattern of representation exists for | 4 | | the workers of a water system that was owned by a public | 5 | | utility, as defined in Section 3-105 of the Public Utilities | 6 | | Act, prior to becoming certified employees of a municipality | 7 | | or municipalities once the municipality or municipalities have | 8 | | acquired the water system as authorized in Section 11-124-5 of | 9 | | the Illinois Municipal Code, the Board shall find the labor | 10 | | organization that has historically represented the workers to | 11 | | be the exclusive representative under this Act, and shall find | 12 | | the unit represented by the exclusive representative to be the | 13 | | appropriate unit. | 14 | | (g) "Fair share agreement" means an agreement between the | 15 | | employer and
an employee organization under which all or any | 16 | | of the employees in a
collective bargaining unit are required | 17 | | to pay their proportionate share of
the costs of the | 18 | | collective bargaining process, contract administration, and
| 19 | | pursuing matters affecting wages, hours, and other conditions | 20 | | of employment,
but not to exceed the amount of dues uniformly | 21 | | required of members. The
amount certified by the exclusive | 22 | | representative shall not include any fees
for contributions | 23 | | related to the election or support of any candidate for
| 24 | | political office. Nothing in this subsection (g) shall
| 25 | | preclude an employee from making
voluntary political | 26 | | contributions in conjunction with his or her fair share
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| 1 | | payment.
| 2 | | (g-1) "Fire fighter" means, for the purposes of this Act | 3 | | only, any
person who has been or is hereafter appointed to a | 4 | | fire department or fire
protection district or employed by a | 5 | | state university and sworn or
commissioned to perform fire | 6 | | fighter duties or paramedic duties, including paramedics | 7 | | employed by a unit of local government, except that the
| 8 | | following persons are not included: part-time fire fighters,
| 9 | | auxiliary, reserve or voluntary fire fighters, including paid | 10 | | on-call fire
fighters, clerks and dispatchers or other | 11 | | civilian employees of a fire
department or fire protection | 12 | | district who are not routinely expected to
perform fire | 13 | | fighter duties, or elected officials.
| 14 | | (g-2) "General Assembly of the State of Illinois" means | 15 | | the
legislative branch of the government of the State of | 16 | | Illinois, as provided
for under Article IV of the Constitution | 17 | | of the State of Illinois, and
includes but is not limited to | 18 | | the House of Representatives, the Senate,
the Speaker of the | 19 | | House of Representatives, the Minority Leader of the
House of | 20 | | Representatives, the President of the Senate, the Minority | 21 | | Leader
of the Senate, the Joint Committee on Legislative | 22 | | Support Services and any
legislative support services agency | 23 | | listed in the Legislative Commission
Reorganization Act of | 24 | | 1984.
| 25 | | (h) "Governing body" means, in the case of the State, the | 26 | | State Panel of
the Illinois Labor Relations Board, the |
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| 1 | | Director of the Department of Central
Management Services, and | 2 | | the Director of the Department of Labor; the county
board in | 3 | | the case of a county; the corporate authorities in the case of | 4 | | a
municipality; and the appropriate body authorized to provide | 5 | | for expenditures
of its funds in the case of any other unit of | 6 | | government.
| 7 | | (i) "Labor organization" means any organization in which | 8 | | public employees
participate and that exists for the purpose, | 9 | | in whole or in part, of dealing
with a public employer | 10 | | concerning wages, hours, and other terms and conditions
of | 11 | | employment, including the settlement of grievances.
| 12 | | (i-5) "Legislative liaison" means a person who is an | 13 | | employee of a State agency, the Attorney General, the | 14 | | Secretary of State, the Comptroller, or the Treasurer, as the | 15 | | case may be, and whose job duties require the person to | 16 | | regularly communicate in the course of his or her employment | 17 | | with any official or staff of the General Assembly of the State | 18 | | of Illinois for the purpose of influencing any legislative | 19 | | action. | 20 | | (j) "Managerial employee" means an individual who is | 21 | | engaged
predominantly in executive and management functions | 22 | | and is charged with the
responsibility of directing the | 23 | | effectuation of management policies
and practices. With | 24 | | respect only to State employees in positions under the | 25 | | jurisdiction of the Attorney General, Secretary of State, | 26 | | Comptroller, or Treasurer (i) that were certified in a |
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| 1 | | bargaining unit on or after December 2, 2008, (ii) for which a | 2 | | petition is filed with the Illinois Public Labor Relations | 3 | | Board on or after April 5, 2013 (the effective date of Public | 4 | | Act 97-1172), or (iii) for which a petition is pending before | 5 | | the Illinois Public Labor Relations Board on that date, | 6 | | "managerial employee" means an individual who is engaged in | 7 | | executive and management functions or who is charged with the | 8 | | effectuation of management policies and practices or who | 9 | | represents management interests by taking or recommending | 10 | | discretionary actions that effectively control or implement | 11 | | policy. Nothing in this definition prohibits an individual | 12 | | from also meeting the definition of "supervisor" under | 13 | | subsection (r) of this Section.
| 14 | | (k) "Peace officer" means, for the purposes of this Act | 15 | | only, any
persons who have been or are hereafter appointed to a | 16 | | police force,
department, or agency and sworn or commissioned | 17 | | to perform police duties,
except that the following persons | 18 | | are not
included: part-time police
officers, special police | 19 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 20 | | the Illinois Municipal Code, night watchmen, "merchant | 21 | | police",
court security officers as defined by Section | 22 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic | 23 | | guards or wardens, civilian parking meter and
parking | 24 | | facilities personnel or other individuals specially appointed | 25 | | to
aid or direct traffic at or near schools or public functions | 26 | | or to aid in
civil defense or disaster, parking enforcement |
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| 1 | | employees who are not
commissioned as peace officers and who | 2 | | are not armed and who are not
routinely expected to effect | 3 | | arrests, parking lot attendants, clerks and
dispatchers or | 4 | | other civilian employees of a police department who are not
| 5 | | routinely expected to effect arrests, or elected officials.
| 6 | | (l) "Person" includes one or more individuals, labor | 7 | | organizations, public
employees, associations, corporations, | 8 | | legal representatives, trustees,
trustees in bankruptcy, | 9 | | receivers, or the State of Illinois or any political
| 10 | | subdivision of the State or governing body, but does not | 11 | | include the General
Assembly of the State of Illinois or any | 12 | | individual employed by the General
Assembly of the State of | 13 | | Illinois.
| 14 | | (m) "Professional employee" means any employee engaged in | 15 | | work predominantly
intellectual and varied in character rather | 16 | | than routine mental, manual,
mechanical or physical work; | 17 | | involving the consistent exercise of discretion
and adjustment | 18 | | in its performance; of such a character that the output | 19 | | produced
or the result accomplished cannot be standardized in | 20 | | relation to a given
period of time; and requiring advanced | 21 | | knowledge in a field of science or
learning customarily | 22 | | acquired by a prolonged course of specialized intellectual
| 23 | | instruction and study in an institution of higher learning or | 24 | | a hospital,
as distinguished from a general academic education | 25 | | or from apprenticeship
or from training in the performance of | 26 | | routine mental, manual, or physical
processes; or any employee |
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| 1 | | who has completed the courses of specialized
intellectual | 2 | | instruction and study prescribed in this subsection (m) and is
| 3 | | performing related
work under the supervision of a | 4 | | professional person to qualify to become
a professional | 5 | | employee as defined in this subsection (m).
| 6 | | (n) "Public employee" or "employee", for the purposes of | 7 | | this Act, means
any individual employed by a public employer, | 8 | | including (i) interns and residents
at public hospitals, (ii) | 9 | | as of the effective date of this amendatory Act of the 93rd | 10 | | General
Assembly, but not
before, personal assistants working | 11 | | under the Home
Services
Program under Section 3 of the | 12 | | Rehabilitation of Persons with Disabilities Act, subject to
| 13 | | the
limitations set forth in this Act and in the | 14 | | Rehabilitation of Persons with Disabilities
Act,
(iii) as of | 15 | | the effective date of this amendatory Act of the 94th General | 16 | | Assembly, but not before, child and day care home providers | 17 | | participating in the child care assistance program under | 18 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 19 | | limitations set forth in this Act and in Section 9A-11 of the | 20 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the | 21 | | effective date of Public Act 97-1158), but not before except | 22 | | as otherwise provided in this subsection (n), home care and | 23 | | home health workers who function as personal assistants and | 24 | | individual maintenance home health workers and who also work | 25 | | under the Home Services Program under Section 3 of the | 26 | | Rehabilitation of Persons with Disabilities Act, no matter |
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| 1 | | whether the State provides those services through direct | 2 | | fee-for-service arrangements, with the assistance of a managed | 3 | | care organization or other intermediary, or otherwise, (v) | 4 | | beginning on the effective date of this amendatory Act of the | 5 | | 98th General Assembly and notwithstanding any other provision | 6 | | of this Act, any person employed by a public employer and who | 7 | | is classified as or who holds the employment title of Chief | 8 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 9 | | Sewage Plant Operator, Water Plant Operator, Stationary | 10 | | Engineer, Plant Operating Engineer, and any other employee who | 11 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 12 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 13 | | Technical Manager III, Technical Manager IV, Technical Manager | 14 | | V, Technical Manager VI, Realty Specialist III, Realty | 15 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 16 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 17 | | IV, or Technical Advisor V employed by the Department of | 18 | | Transportation who is in a position which is certified in a | 19 | | bargaining unit on or before the effective date of this | 20 | | amendatory Act of the 98th General Assembly, and (vi) | 21 | | beginning on the effective date of this amendatory Act of the | 22 | | 98th General Assembly and notwithstanding any other provision | 23 | | of this Act, any mental health administrator in the Department | 24 | | of Corrections who is classified as or who holds the position | 25 | | of Public Service Administrator (Option 8K), any employee of | 26 | | the Office of the Inspector General in the Department of Human |
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| 1 | | Services who is classified as or who holds the position of | 2 | | Public Service Administrator (Option 7), any Deputy of | 3 | | Intelligence in the Department of Corrections who is | 4 | | classified as or who holds the position of Public Service | 5 | | Administrator (Option 7), and any employee of the Department | 6 | | of State Police who handles issues concerning the Illinois | 7 | | State Police Sex Offender Registry and who is classified as or | 8 | | holds the position of Public Service Administrator (Option 7), | 9 | | but excluding all of the following: employees of the
General | 10 | | Assembly of the State of Illinois; elected officials; | 11 | | executive
heads of a department; members of boards or | 12 | | commissions; the Executive
Inspectors General; any special | 13 | | Executive Inspectors General; employees of each
Office of an | 14 | | Executive Inspector General;
commissioners and employees of | 15 | | the Executive Ethics Commission; the Auditor
General's | 16 | | Inspector General; employees of the Office of the Auditor | 17 | | General's
Inspector General; the Legislative Inspector | 18 | | General; any special Legislative
Inspectors General; employees | 19 | | of the Office
of the Legislative Inspector General;
| 20 | | commissioners and employees of the Legislative Ethics | 21 | | Commission;
employees
of any
agency, board or commission | 22 | | created by this Act; employees appointed to
State positions of | 23 | | a temporary or emergency nature; all employees of school
| 24 | | districts and higher education institutions except | 25 | | firefighters and peace
officers employed
by a state university | 26 | | and except peace officers employed by a school district in its |
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| 1 | | own police department in existence on the effective date of | 2 | | this amendatory Act of the 96th General Assembly; managerial | 3 | | employees; short-term employees; legislative liaisons; a | 4 | | person who is a State employee under the jurisdiction of the | 5 | | Office of the Attorney General who is licensed to practice law | 6 | | or whose position authorizes, either directly or indirectly, | 7 | | meaningful input into government decision-making on issues | 8 | | where there is room for principled disagreement on goals or | 9 | | their implementation; a person who is a State employee under | 10 | | the jurisdiction of the Office of the Comptroller who holds | 11 | | the position of Public Service Administrator or whose position | 12 | | is otherwise exempt under the Comptroller Merit Employment | 13 | | Code; a person who is a State employee under the jurisdiction | 14 | | of the Secretary of State who holds the position | 15 | | classification of Executive I or higher, whose position | 16 | | authorizes, either directly or indirectly, meaningful input | 17 | | into government decision-making on issues where there is room | 18 | | for principled disagreement on goals or their implementation, | 19 | | or who is otherwise exempt under the Secretary of State Merit | 20 | | Employment Code; employees in the Office of the Secretary of | 21 | | State who are completely exempt from jurisdiction B of the | 22 | | Secretary of State Merit Employment Code and who are in | 23 | | Rutan-exempt positions on or after April 5, 2013 (the | 24 | | effective date of Public Act 97-1172); a person who is a State | 25 | | employee under the jurisdiction of the Treasurer who holds a | 26 | | position that is exempt from the State Treasurer Employment |
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| 1 | | Code; any employee of a State agency who (i) holds the title or | 2 | | position of, or exercises substantially similar duties as a | 3 | | legislative liaison, Agency General Counsel, Agency Chief of | 4 | | Staff, Agency Executive Director, Agency Deputy Director, | 5 | | Agency Chief Fiscal Officer, Agency Human Resources Director, | 6 | | Public Information Officer, or Chief Information Officer and | 7 | | (ii) was neither included in a bargaining unit nor subject to | 8 | | an active petition for certification in a bargaining unit; any | 9 | | employee of a State agency who (i) is in a position that is | 10 | | Rutan-exempt, as designated by the employer, and completely | 11 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 12 | | neither included in a bargaining unit nor subject to an active | 13 | | petition for certification in a bargaining unit; any term | 14 | | appointed employee of a State agency pursuant to Section 8b.18 | 15 | | or 8b.19 of the Personnel Code who was neither included in a | 16 | | bargaining unit nor subject to an active petition for | 17 | | certification in a bargaining unit; any employment position | 18 | | properly designated pursuant to Section 6.1 of this Act;
| 19 | | confidential employees; independent contractors; and | 20 | | supervisors except as
provided in this Act.
| 21 | | Home care
and home health workers who function as personal | 22 | | assistants and individual maintenance home health workers and | 23 | | who also work under the Home Services Program under Section 3 | 24 | | of the Rehabilitation of Persons with Disabilities Act shall | 25 | | not be considered
public
employees for any purposes not | 26 | | specifically provided for in Public Act 93-204 or Public Act |
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| 1 | | 97-1158, including but not limited to, purposes of vicarious
| 2 | | liability in tort
and purposes of statutory retirement or | 3 | | health insurance benefits. Home care and home health workers | 4 | | who function as personal assistants and individual maintenance | 5 | | home health workers and who also work under the Home Services | 6 | | Program under Section 3 of the Rehabilitation of Persons with | 7 | | Disabilities Act shall not be covered by the State Employees
| 8 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 9 | | Child and day care home providers shall not be considered | 10 | | public employees for any purposes not specifically provided | 11 | | for in this amendatory Act of the 94th General Assembly, | 12 | | including but not limited to, purposes of vicarious liability | 13 | | in tort and purposes of statutory retirement or health | 14 | | insurance benefits. Child and day care home providers shall | 15 | | not be covered by the State Employees Group Insurance Act of | 16 | | 1971. | 17 | | Notwithstanding Section 9, subsection (c), or any other | 18 | | provisions of
this Act, all peace officers above the rank of | 19 | | captain in
municipalities with more than 1,000,000 inhabitants | 20 | | shall be excluded
from this Act.
| 21 | | (o) Except as otherwise in subsection (o-5), "public | 22 | | employer" or "employer" means the State of Illinois; any
| 23 | | political subdivision of the State, unit of local government | 24 | | or school
district; authorities including departments, | 25 | | divisions, bureaus, boards,
commissions, or other agencies of | 26 | | the foregoing entities; and any person
acting within the scope |
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| 1 | | of his or her authority, express or implied, on
behalf of those | 2 | | entities in dealing with its employees.
As of the effective | 3 | | date of the amendatory Act of the 93rd General Assembly,
but | 4 | | not
before, the State of Illinois shall be considered the | 5 | | employer of the personal assistants working under the Home | 6 | | Services Program
under
Section 3 of the Rehabilitation of | 7 | | Persons with Disabilities Act, subject to the
limitations set | 8 | | forth
in this Act and in the Rehabilitation of Persons with | 9 | | Disabilities Act. As of January 29, 2013 (the effective date | 10 | | of Public Act 97-1158), but not before except as otherwise | 11 | | provided in this subsection (o), the State shall be considered | 12 | | the employer of home care and home health workers who function | 13 | | as personal assistants and individual maintenance home health | 14 | | workers and who also work under the Home Services Program | 15 | | under Section 3 of the Rehabilitation of Persons with | 16 | | Disabilities Act, no matter whether the State provides those | 17 | | services through direct fee-for-service arrangements, with the | 18 | | assistance of a managed care organization or other | 19 | | intermediary, or otherwise, but subject to the limitations set | 20 | | forth in this Act and the Rehabilitation of Persons with | 21 | | Disabilities Act. The State shall not
be
considered to be the | 22 | | employer of home care and home health workers who function as | 23 | | personal
assistants and individual maintenance home health | 24 | | workers and who also work under the Home Services Program | 25 | | under Section 3 of the Rehabilitation of Persons with | 26 | | Disabilities Act, for any
purposes not specifically provided |
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| 1 | | for in Public Act 93-204 or Public Act 97-1158, including but | 2 | | not limited to, purposes of vicarious liability in tort
and
| 3 | | purposes of statutory retirement or health insurance benefits. | 4 | | Home care and home health workers who function as
personal | 5 | | assistants and individual maintenance home health workers and | 6 | | who also work under the Home Services Program under Section 3 | 7 | | of the Rehabilitation of Persons with Disabilities Act shall | 8 | | not be covered by the State Employees Group
Insurance Act of | 9 | | 1971
(5 ILCS 375/).
As of the effective date of this amendatory | 10 | | Act of the 94th General Assembly but not before, the State of | 11 | | Illinois shall be considered the employer of the day and child | 12 | | care home providers participating in the child care assistance | 13 | | program under Section 9A-11 of the Illinois Public Aid Code, | 14 | | subject to the limitations set forth in this Act and in Section | 15 | | 9A-11 of the Illinois Public Aid Code. The State shall not be | 16 | | considered to be the employer of child and day care home | 17 | | providers for any purposes not specifically provided for in | 18 | | this amendatory Act of the 94th General Assembly, including | 19 | | but not limited to, purposes of vicarious liability in tort | 20 | | and purposes of statutory retirement or health insurance | 21 | | benefits. Child and day care home providers shall not be | 22 | | covered by the State Employees Group Insurance Act of 1971. | 23 | | "Public employer" or
"employer" as used in this Act, | 24 | | however, does not
mean and shall not include the General | 25 | | Assembly of the State of Illinois,
the Executive Ethics | 26 | | Commission, the Offices of the Executive Inspectors
General, |
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| 1 | | the Legislative Ethics Commission, the Office of the | 2 | | Legislative
Inspector General, the Office of the Auditor | 3 | | General's Inspector General, the Office of the Governor, the | 4 | | Governor's Office of Management and Budget, the Illinois | 5 | | Finance Authority, the Office of the Lieutenant Governor, the | 6 | | State Board of Elections, and educational employers or | 7 | | employers as defined in the Illinois
Educational Labor | 8 | | Relations Act, except with respect to a state university in
| 9 | | its employment of firefighters and peace officers and except | 10 | | with respect to a school district in the employment of peace | 11 | | officers in its own police department in existence on the | 12 | | effective date of this amendatory Act of the 96th General | 13 | | Assembly. County boards and county
sheriffs shall be
| 14 | | designated as joint or co-employers of county peace officers | 15 | | appointed
under the authority of a county sheriff. Nothing in | 16 | | this subsection
(o) shall be construed
to prevent the State | 17 | | Panel or the Local Panel
from determining that employers are | 18 | | joint or co-employers.
| 19 | | (o-5) With respect to
wages, fringe
benefits, hours, | 20 | | holidays, vacations, proficiency
examinations, sick leave, and | 21 | | other conditions of
employment, the public employer of public | 22 | | employees who are court reporters, as
defined in the Court | 23 | | Reporters Act, shall be determined as
follows:
| 24 | | (1) For court reporters employed by the Cook County | 25 | | Judicial
Circuit, the chief judge of the Cook County | 26 | | Circuit
Court is the public employer and employer |
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| 1 | | representative.
| 2 | | (2) For court reporters employed by the 12th, 18th, | 3 | | 19th, and, on and after December 4, 2006, the 22nd | 4 | | judicial
circuits, a group consisting of the chief judges | 5 | | of those circuits, acting
jointly by majority vote, is the | 6 | | public employer and employer representative.
| 7 | | (3) For court reporters employed by all other 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 | | (p) "Security employee" means an employee who is | 12 | | responsible for the
supervision and control of inmates at | 13 | | correctional facilities. The term
also includes other | 14 | | non-security employees in bargaining units having the
majority | 15 | | of employees being responsible for the supervision and control | 16 | | of
inmates at correctional facilities.
| 17 | | (q) "Short-term employee" means an employee who is | 18 | | employed for less
than 2 consecutive calendar quarters during | 19 | | a calendar year and who does
not have a reasonable assurance | 20 | | that he or she will be rehired by the
same employer for the | 21 | | same service in a subsequent calendar year.
| 22 | | (q-5) "State agency" means an agency directly responsible | 23 | | to the Governor, as defined in Section 3.1 of the Executive | 24 | | Reorganization Implementation Act, and the Illinois Commerce | 25 | | Commission, the Illinois Workers' Compensation Commission, the | 26 | | Civil Service Commission, the Pollution Control Board, the |
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| 1 | | Illinois Racing Board, and the Department of State Police | 2 | | Merit Board. | 3 | | (r) "Supervisor" is: | 4 | | (1) An employee whose principal work is substantially
| 5 | | different from that of his or her subordinates and who has | 6 | | authority, in the
interest of the employer, to hire, | 7 | | transfer, suspend, lay off, recall,
promote, discharge, | 8 | | direct, reward, or discipline employees, to adjust
their | 9 | | grievances, or to effectively recommend any of those | 10 | | actions, if the
exercise
of that authority is not of a | 11 | | merely routine or clerical nature, but
requires the | 12 | | consistent use of independent judgment. Except with | 13 | | respect to
police employment, the term "supervisor" | 14 | | includes only those individuals
who devote a preponderance | 15 | | of their employment time to exercising that
authority, | 16 | | State supervisors notwithstanding. Nothing in this | 17 | | definition prohibits an individual from also meeting the | 18 | | definition of "managerial employee" under subsection (j) | 19 | | of this Section. In addition, in determining
supervisory | 20 | | status in police employment, rank shall not be | 21 | | determinative.
The Board shall consider, as evidence of | 22 | | bargaining unit inclusion or
exclusion, the common law | 23 | | enforcement policies and relationships between
police | 24 | | officer ranks and certification under applicable civil | 25 | | service law,
ordinances, personnel codes, or Division 2.1 | 26 | | of Article 10 of the Illinois
Municipal Code, but these |
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| 1 | | factors shall not
be the sole or predominant factors | 2 | | considered by the Board in determining
police supervisory | 3 | | status.
| 4 | | Notwithstanding the provisions of the preceding | 5 | | paragraph, in determining
supervisory status in fire | 6 | | fighter employment, no fire fighter shall be
excluded as a | 7 | | supervisor who has established representation rights under
| 8 | | Section 9 of this Act. Further, in new fire fighter units, | 9 | | employees shall
consist of fire fighters of the highest | 10 | | rank of company officer and below. A company officer may | 11 | | be responsible for multiple companies or apparatus on a | 12 | | shift, multiple stations, or an entire shift. There may be | 13 | | more than one company officer per shift. If a company | 14 | | officer otherwise qualifies as a supervisor under the | 15 | | preceding paragraph, however, he or she shall
not be | 16 | | included in the fire fighter
unit. If there is no rank | 17 | | between that of chief and the
highest company officer, the | 18 | | employer may designate a position on each
shift as a Shift | 19 | | Commander, and the persons occupying those positions shall
| 20 | | be supervisors. All other ranks above that of the highest | 21 | | company officer shall be
supervisors.
| 22 | | (2) With respect only to State employees in positions | 23 | | under the jurisdiction of the Attorney General, Secretary | 24 | | of State, Comptroller, or Treasurer (i) that were | 25 | | certified in a bargaining unit on or after December 2, | 26 | | 2008, (ii) for which a petition is filed with the Illinois |
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| 1 | | Public Labor Relations Board on or after April 5, 2013 | 2 | | (the effective date of Public Act 97-1172), or (iii) for | 3 | | which a petition is pending before the Illinois Public | 4 | | Labor Relations Board on that date, an employee who | 5 | | qualifies as a supervisor under (A) Section 152 of the | 6 | | National Labor Relations Act and (B) orders of the | 7 | | National Labor Relations Board interpreting that provision | 8 | | or decisions of courts reviewing decisions of the National | 9 | | Labor Relations Board. | 10 | | (s)(1) "Unit" means a class of jobs or positions that are | 11 | | held by
employees whose collective interests may suitably be | 12 | | represented by a labor
organization for collective bargaining. | 13 | | Except with respect to non-State fire
fighters and paramedics | 14 | | employed by fire departments and fire protection
districts, | 15 | | non-State peace officers, and peace officers in the Department | 16 | | of
State Police, a bargaining unit determined by the Board | 17 | | shall not include both
employees and supervisors, or | 18 | | supervisors only, except as provided in paragraph
(2) of this | 19 | | subsection (s) and except for bargaining units in existence on | 20 | | July
1, 1984 (the effective date of this Act). With respect to | 21 | | non-State fire
fighters and paramedics employed by fire | 22 | | departments and fire protection
districts, non-State peace | 23 | | officers, and peace officers in the Department of
State | 24 | | Police, a bargaining unit determined by the Board shall not | 25 | | include both
supervisors and nonsupervisors, or supervisors | 26 | | only, except as provided in
paragraph (2) of this subsection |
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| 1 | | (s) and except for bargaining units in
existence on January 1, | 2 | | 1986 (the effective date of this amendatory Act of
1985). A | 3 | | bargaining unit determined by the Board to contain peace | 4 | | officers
shall contain no employees other than peace officers | 5 | | unless otherwise agreed to
by the employer and the labor | 6 | | organization or labor organizations involved.
Notwithstanding | 7 | | any other provision of this Act, a bargaining unit, including | 8 | | a
historical bargaining unit, containing sworn peace officers | 9 | | of the Department
of Natural Resources (formerly designated | 10 | | the Department of Conservation) shall
contain no employees | 11 | | other than such sworn peace officers upon the effective
date | 12 | | of this amendatory Act of 1990 or upon the expiration date of | 13 | | any
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 bargain | 20 | | with those units. This Act shall apply if the public employer
| 21 | | chooses to bargain under this subsection.
| 22 | | (3) Public employees who are court reporters, as defined
| 23 | | in the Court Reporters Act,
shall be divided into 3 units for | 24 | | collective bargaining purposes. One unit
shall be court | 25 | | reporters employed by the Cook County Judicial Circuit; one
| 26 | | unit shall be court reporters employed by the 12th, 18th, |
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| 1 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 2 | | circuits; and one unit shall be court reporters employed by | 3 | | all other
judicial circuits.
| 4 | | (t) "Active petition for certification in a bargaining | 5 | | unit" means a petition for certification filed with the Board | 6 | | under one of the following case numbers: S-RC-11-110; | 7 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 8 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 9 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 10 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 11 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 12 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 13 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 14 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 15 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 16 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 17 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 18 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 19 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 20 | | S-RC-07-100. | 21 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
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