HB4032 96TH GENERAL ASSEMBLY

LRB096 03990 JAM 14026 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4032

Introduced 2/26/2009, by Rep. Richard P. Myers

SYNOPSIS AS INTRODUCED:

5 ILCS 315/4.5 new

Amends the Illinois Public Labor Relations Act. Requires a rebuttable presumption that a managerial assistant is a confidential employee. Defines a managerial assistant as a secretary, assistant, aide, or person in a similar position to a labor supervisor. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Labor Relations Act is amended by adding Section 4.5 as follows:

(5 ILCS 315/4.5 new)

Sec. 4.5. Presumption of certain employees as confidential employees.

(a) Any employee who is a managerial assistant is presumed to be a confidential employee under subsection (c) of Section 3 of this Act.

(b) An employee may rebut the presumption under subsection (a) only by demonstrating, by clear and convincing evidence, that he or she has no access, authorized or unauthorized, to information relating to the formulation, determination, effectuation, or review of the employer's collective bargaining policies.

(c) For the purposes of this Section:

"Managerial assistant" means any person employed in the position of secretary, assistant, aide, or similar position to a labor supervisor.

"Labor supervisor" means a person who (i) formulates, determines, effects, or reviews the employer's collective bargaining policies or (ii) is reasonably expected to perform any of these duties in the future when collective bargaining begins.

Section 99. Effective date. This Act takes effect upon becoming law.