Full Text of SB1556 97th General Assembly
SB1556ham002 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 5/31/2011
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| 1 | | AMENDMENT TO SENATE BILL 1556
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1556, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Public Labor Relations Act is | 6 | | amended by changing Sections 3 and 6 and by adding Section 6.1 | 7 | | as follows: | 8 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 9 | | Sec. 3. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | (a) "Board" means the Illinois
Labor Relations Board or, | 12 | | with respect to a matter over which the
jurisdiction of the | 13 | | Board is assigned to the State Panel or the Local Panel
under | 14 | | Section 5, the panel having jurisdiction over the matter.
| 15 | | (b) "Collective bargaining" means bargaining over terms | 16 | | and conditions
of employment, including hours, wages, and other |
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| 1 | | conditions of employment,
as detailed in Section 7 and which | 2 | | are not excluded by Section 4.
| 3 | | (c) "Confidential employee" means an employee who, in the | 4 | | regular course
of his or her duties, assists and acts in a | 5 | | confidential capacity to persons
who formulate, determine, and | 6 | | effectuate management policies with regard
to labor relations | 7 | | or who, in the regular course of his or her duties, has
| 8 | | authorized access to information relating to the effectuation
| 9 | | or review of the employer's collective bargaining policies.
| 10 | | (d) "Craft employees" means skilled journeymen, crafts | 11 | | persons, and their
apprentices and helpers.
| 12 | | (e) "Essential services employees" means those public | 13 | | employees
performing functions so essential that the | 14 | | interruption or termination of
the function will constitute a | 15 | | clear and present danger to the health and
safety of the | 16 | | persons in the affected community.
| 17 | | (f) "Exclusive representative", except with respect to | 18 | | non-State fire
fighters and paramedics employed by fire | 19 | | departments and fire protection
districts, non-State peace | 20 | | officers, and peace officers in the
Department of State Police, | 21 | | means the labor organization that has
been (i) designated by | 22 | | the Board as the representative of a majority of public
| 23 | | employees in an appropriate bargaining unit in accordance with | 24 | | the procedures
contained in this Act, (ii) historically
| 25 | | recognized by the State of Illinois or
any political | 26 | | subdivision of the State before July 1, 1984
(the effective |
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| 1 | | date of this
Act) as the exclusive representative of the | 2 | | employees in an appropriate
bargaining unit, (iii) after July | 3 | | 1, 1984 (the
effective date of this Act) recognized by an
| 4 | | employer upon evidence, acceptable to the Board, that the labor
| 5 | | organization has been designated as the exclusive | 6 | | representative by a
majority of the employees in an appropriate | 7 | | bargaining unit;
(iv) recognized as the exclusive | 8 | | representative of personal care attendants
or personal
| 9 | | assistants under Executive Order 2003-8 prior to the effective | 10 | | date of this
amendatory
Act of the 93rd General Assembly, and | 11 | | the organization shall be considered to
be the
exclusive | 12 | | representative of the personal care attendants or personal | 13 | | assistants
as defined
in this Section; or (v) recognized as the | 14 | | exclusive representative of child and day care home providers, | 15 | | including licensed and license exempt providers, pursuant to an | 16 | | election held under Executive Order 2005-1 prior to the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly, and the organization shall be considered to be the | 19 | | exclusive representative of the child and day care home | 20 | | providers as defined in this Section.
| 21 | | With respect to non-State fire fighters and paramedics | 22 | | employed by fire
departments and fire protection districts, | 23 | | non-State peace officers, and
peace officers in the Department | 24 | | of State Police,
"exclusive representative" means the labor | 25 | | organization that has
been (i) designated by the Board as the | 26 | | representative of a majority of peace
officers or fire fighters |
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| 1 | | in an appropriate bargaining unit in accordance
with the | 2 | | procedures contained in this Act, (ii)
historically recognized
| 3 | | by the State of Illinois or any political subdivision of the | 4 | | State before
January 1, 1986 (the effective date of this | 5 | | amendatory Act of 1985) as the exclusive
representative by a | 6 | | majority of the peace officers or fire fighters in an
| 7 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 8 | | (the effective date of this amendatory
Act of 1985) recognized | 9 | | by an employer upon evidence, acceptable to the
Board, that the | 10 | | labor organization has been designated as the exclusive
| 11 | | representative by a majority of the peace officers or fire | 12 | | fighters in an
appropriate bargaining unit.
| 13 | | (g) "Fair share agreement" means an agreement between the | 14 | | employer and
an employee organization under which all or any of | 15 | | the employees in a
collective bargaining unit are required to | 16 | | pay their proportionate share of
the costs of the collective | 17 | | bargaining process, contract administration, and
pursuing | 18 | | matters affecting wages, hours, and other conditions of | 19 | | employment,
but not to exceed the amount of dues uniformly | 20 | | required of members. The
amount certified by the exclusive | 21 | | representative shall not include any fees
for contributions | 22 | | related to the election or support of any candidate for
| 23 | | political office. Nothing in this subsection (g) shall
preclude | 24 | | an employee from making
voluntary political contributions in | 25 | | conjunction with his or her fair share
payment.
| 26 | | (g-1) "Fire fighter" means, for the purposes of this Act |
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| 1 | | only, any
person who has been or is hereafter appointed to a | 2 | | fire department or fire
protection district or employed by a | 3 | | state university and sworn or
commissioned to perform fire | 4 | | fighter duties or paramedic duties, except that the
following | 5 | | persons are not included: part-time fire fighters,
auxiliary, | 6 | | reserve or voluntary fire fighters, including paid on-call fire
| 7 | | fighters, clerks and dispatchers or other civilian employees of | 8 | | a fire
department or fire protection district who are not | 9 | | routinely expected to
perform fire fighter duties, or elected | 10 | | officials.
| 11 | | (g-2) "General Assembly of the State of Illinois" means the
| 12 | | legislative branch of the government of the State of Illinois, | 13 | | as provided
for under Article IV of the Constitution of the | 14 | | State of Illinois, and
includes but is not limited to the House | 15 | | of Representatives, the Senate,
the Speaker of the House of | 16 | | Representatives, the Minority Leader of the
House of | 17 | | Representatives, the President of the Senate, the Minority | 18 | | Leader
of the Senate, the Joint Committee on Legislative | 19 | | Support Services and any
legislative support services agency | 20 | | listed in the Legislative Commission
Reorganization Act of | 21 | | 1984.
| 22 | | (h) "Governing body" means, in the case of the State, the | 23 | | State Panel of
the Illinois Labor Relations Board, the Director | 24 | | of the Department of Central
Management Services, and the | 25 | | Director of the Department of Labor; the county
board in the | 26 | | case of a county; the corporate authorities in the case of a
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| 1 | | municipality; and the appropriate body authorized to provide | 2 | | for expenditures
of its funds in the case of any other unit of | 3 | | government.
| 4 | | (i) "Labor organization" means any organization in which | 5 | | public employees
participate and that exists for the purpose, | 6 | | in whole or in part, of dealing
with a public employer | 7 | | concerning wages, hours, and other terms and conditions
of | 8 | | employment, including the settlement of grievances.
| 9 | | (i-5) "Legislative liaison" means a person who is an | 10 | | employee of a State agency, the Attorney General, the Secretary | 11 | | of State, the Comptroller, or the Treasurer, as the case may | 12 | | be, and whose job duties require the person to regularly | 13 | | communicate in the course of his or her employment with any | 14 | | official or staff of the General Assembly of the State of | 15 | | Illinois for the purpose of influencing any legislative action. | 16 | | (j) "Managerial employee" means an individual who is | 17 | | engaged
predominantly in executive and management functions | 18 | | and is charged with the
responsibility of directing the | 19 | | effectuation of management policies
and practices.
With | 20 | | respect only to State employees in positions under the | 21 | | jurisdiction of the Attorney General, Secretary of State, | 22 | | Comptroller, or Treasurer (i) that were certified in a | 23 | | bargaining unit on or after December 2, 2008, (ii) for which a | 24 | | petition is filed with the Illinois Public Labor Relations | 25 | | Board on or after the effective date of this amendatory Act of | 26 | | the 97th General Assembly, or (iii) for which a petition is |
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| 1 | | pending before the Illinois Public Labor Relations Board on | 2 | | that date, "managerial employee" means an individual who is | 3 | | engaged in executive and management functions or who is charged | 4 | | with the effectuation of management policies and practices or | 5 | | who represents management interests by taking or recommending | 6 | | discretionary actions that effectively control or implement | 7 | | policy. Nothing in this definition prohibits an individual from | 8 | | also meeting the definition "supervisor" under subsection (r) | 9 | | of this Section.
| 10 | | (k) "Peace officer" means, for the purposes of this Act | 11 | | only, any
persons who have been or are hereafter appointed to a | 12 | | police force,
department, or agency and sworn or commissioned | 13 | | to perform police duties,
except that the following persons are | 14 | | not
included: part-time police
officers, special police | 15 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 16 | | the Illinois Municipal Code, night watchmen, "merchant | 17 | | police",
court security officers as defined by Section 3-6012.1 | 18 | | of the Counties
Code,
temporary employees, traffic guards or | 19 | | wardens, civilian parking meter and
parking facilities | 20 | | personnel or other individuals specially appointed to
aid or | 21 | | direct traffic at or near schools or public functions or to aid | 22 | | in
civil defense or disaster, parking enforcement employees who | 23 | | are not
commissioned as peace officers and who are not armed | 24 | | and who are not
routinely expected to effect arrests, parking | 25 | | lot attendants, clerks and
dispatchers or other civilian | 26 | | employees of a police department who are not
routinely expected |
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| 1 | | to effect arrests, or elected officials.
| 2 | | (l) "Person" includes one or more individuals, labor | 3 | | organizations, public
employees, associations, corporations, | 4 | | legal representatives, trustees,
trustees in bankruptcy, | 5 | | receivers, or the State of Illinois or any political
| 6 | | subdivision of the State or governing body, but does not | 7 | | include the General
Assembly of the State of Illinois or any | 8 | | individual employed by the General
Assembly of the State of | 9 | | Illinois.
| 10 | | (m) "Professional employee" means any employee engaged in | 11 | | work predominantly
intellectual and varied in character rather | 12 | | than routine mental, manual,
mechanical or physical work; | 13 | | involving the consistent exercise of discretion
and adjustment | 14 | | in its performance; of such a character that the output | 15 | | produced
or the result accomplished cannot be standardized in | 16 | | relation to a given
period of time; and requiring advanced | 17 | | knowledge in a field of science or
learning customarily | 18 | | acquired by a prolonged course of specialized intellectual
| 19 | | instruction and study in an institution of higher learning or a | 20 | | hospital,
as distinguished from a general academic education or | 21 | | from apprenticeship
or from training in the performance of | 22 | | routine mental, manual, or physical
processes; or any employee | 23 | | who has completed the courses of specialized
intellectual | 24 | | instruction and study prescribed in this subsection (m) and is
| 25 | | performing related
work under the supervision of a professional | 26 | | person to qualify to become
a professional employee as defined |
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| 1 | | in this subsection (m).
| 2 | | (n) "Public employee" or "employee", for the purposes of | 3 | | this Act, means
any individual employed by a public employer, | 4 | | including (i) interns and residents
at public hospitals, (ii) | 5 | | as of the effective date of this amendatory Act of the 93rd | 6 | | General
Assembly, but not
before, personal care attendants and | 7 | | personal assistants working under the Home
Services
Program | 8 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 9 | | subject to
the
limitations set forth in this Act and in the | 10 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 11 | | effective date of this amendatory Act of the 94th General | 12 | | Assembly, but not before, child and day care home providers | 13 | | participating in the child care assistance program under | 14 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 15 | | limitations set forth in this Act and in Section 9A-11 of the | 16 | | Illinois Public Aid Code, but excluding all of the following: | 17 | | employees of the
General Assembly of the State of Illinois; | 18 | | elected officials; executive
heads of a department; members of | 19 | | boards or commissions; the Executive
Inspectors General; any | 20 | | special Executive Inspectors General; employees of each
Office | 21 | | of an Executive Inspector General;
commissioners and employees | 22 | | of the Executive Ethics Commission; the Auditor
General's | 23 | | Inspector General; employees of the Office of the Auditor | 24 | | General's
Inspector General; the Legislative Inspector | 25 | | General; any special Legislative
Inspectors General; employees | 26 | | of the Office
of the Legislative Inspector General;
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| 1 | | commissioners and employees of the Legislative Ethics | 2 | | Commission;
employees
of any
agency, board or commission | 3 | | created by this Act; employees appointed to
State positions of | 4 | | a temporary or emergency nature; all employees of school
| 5 | | districts and higher education institutions except | 6 | | firefighters and peace
officers employed
by a state university | 7 | | and except peace officers employed by a school district in its | 8 | | own police department in existence on the effective date of | 9 | | this amendatory Act of the 96th General Assembly; managerial | 10 | | employees; short-term employees;
legislative liaisons; a | 11 | | person who is a State employee under the jurisdiction of the | 12 | | Office of the Attorney General who is licensed to practice law | 13 | | or whose position authorizes, either directly or indirectly, | 14 | | meaningful input into government decision-making on issues | 15 | | where there is room for principled disagreement on goals or | 16 | | their implementation; a person who is a State employee under | 17 | | the jurisdiction of the Office of the Comptroller who holds the | 18 | | position of Public Service Administrator or whose position is | 19 | | otherwise exempt under the Comptroller Merit Employment Code; a | 20 | | person who is a State employee under the jurisdiction of the | 21 | | Secretary of State who holds the position classification of | 22 | | Executive I or higher, whose position authorizes, either | 23 | | directly or indirectly, meaningful input into government | 24 | | decision-making on issues where there is room for principled | 25 | | disagreement on goals or their implementation, or who is | 26 | | otherwise exempt under the Secretary of State Merit Employment |
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| 1 | | Code; employees in the Office of the Secretary of State who are | 2 | | completely exempt from jurisdiction B of the Secretary of State | 3 | | Merit Employment Code and who are in Rutan-exempt positions on | 4 | | or after the effective date of this amendatory Act of the 97th | 5 | | General Assembly; a person who is a State employee under the | 6 | | jurisdiction of the Treasurer who holds a position that is | 7 | | exempt from the State Treasurer Employment Code; any employee | 8 | | of a State agency who (i) holds the title or position of, or | 9 | | exercises substantially similar duties as a, legislative | 10 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 11 | | Executive Director, Agency Deputy Director, Agency Chief | 12 | | Fiscal Officer, Agency Human Resources Director, Public | 13 | | Information Officer, or Chief Information Officer and (ii) was | 14 | | neither included in a bargaining unit nor subject to an active | 15 | | petition for certification in a bargaining unit; any employee | 16 | | of a State agency who (i) is in a position that is | 17 | | Rutan-exempt, as designated by the employer, and completely | 18 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 19 | | neither included in a bargaining unit nor subject to an active | 20 | | petition for certification in a bargaining unit; any term | 21 | | appointed employee of a State agency pursuant to Section 8b.18 | 22 | | or 8b.19 of the Personnel Code who was neither included in a | 23 | | bargaining unit nor subject to an active petition for | 24 | | certification in a bargaining unit; any employment position | 25 | | properly designated pursuant to Section 6.1 of this Act; | 26 | | confidential employees; independent contractors; and |
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| 1 | | supervisors except as
provided in this Act.
| 2 | | Personal care attendants and personal assistants shall not | 3 | | be considered
public
employees for any purposes not | 4 | | specifically provided for in the amendatory Act
of the
93rd | 5 | | General Assembly, including but not limited to, purposes of | 6 | | vicarious
liability in tort
and purposes of statutory | 7 | | retirement or health insurance benefits. Personal
care
| 8 | | attendants and personal assistants shall not be covered by the | 9 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 10 | | Child and day care home providers shall not be considered | 11 | | public employees for any purposes not specifically provided for | 12 | | in this amendatory Act of the 94th General Assembly, including | 13 | | but not limited to, purposes of vicarious liability in tort and | 14 | | purposes of statutory retirement or health insurance benefits. | 15 | | Child and day care home providers shall not be covered by the | 16 | | State Employees Group Insurance Act of 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 or | 24 | | school
district; authorities including departments, divisions, | 25 | | bureaus, boards,
commissions, or other agencies of the | 26 | | foregoing entities; and any person
acting within the scope of |
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| 1 | | 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
care
attendants and personal | 6 | | assistants working under the Home Services Program
under
| 7 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 8 | | to the
limitations set forth
in this Act and in the Disabled | 9 | | Persons Rehabilitation Act. The State shall not
be
considered | 10 | | to be the employer of personal care attendants and personal
| 11 | | assistants for any
purposes not specifically provided for in | 12 | | this amendatory Act of the 93rd
General
Assembly, including but | 13 | | not limited to, purposes of vicarious liability in tort
and
| 14 | | purposes of statutory retirement or health insurance benefits. | 15 | | Personal care
attendants
and personal assistants shall not be | 16 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 17 | | ILCS 375/).
As of the effective date of this amendatory Act of | 18 | | the 94th General Assembly but not before, the State of Illinois | 19 | | shall be considered the employer of the day and child care home | 20 | | providers participating in the child care assistance program | 21 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 22 | | the limitations set forth in this Act and in Section 9A-11 of | 23 | | the Illinois Public Aid Code. The State shall not be considered | 24 | | to be the employer of child and day care home providers for any | 25 | | purposes not specifically provided for in this amendatory Act | 26 | | of the 94th General Assembly, including but not limited to, |
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| 1 | | purposes of vicarious liability in tort and purposes of | 2 | | statutory retirement or health insurance benefits. Child and | 3 | | day care home providers shall not be covered by the State | 4 | | Employees Group Insurance Act of 1971. | 5 | | "Public employer" or
"employer" as used in this Act, | 6 | | however, does not
mean and shall not include the General | 7 | | Assembly of the State of Illinois,
the Executive Ethics | 8 | | Commission, the Offices of the Executive Inspectors
General, | 9 | | the Legislative Ethics Commission, the Office of the | 10 | | Legislative
Inspector General, the Office of the Auditor | 11 | | General's Inspector General, the Office of the Governor, the | 12 | | Governor's Office of Management and Budget, the Illinois | 13 | | Finance Authority, the Office of the Lieutenant Governor, the | 14 | | State Board of Elections,
and educational employers or | 15 | | employers as defined in the Illinois
Educational Labor | 16 | | Relations Act, except with respect to a state university in
its | 17 | | employment of firefighters and peace officers and except with | 18 | | respect to a school district in the employment of peace | 19 | | officers in its own police department in existence on the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly. County boards and county
sheriffs shall be
designated | 22 | | as joint or co-employers of county peace officers appointed
| 23 | | under the authority of a county sheriff. Nothing in this | 24 | | subsection
(o) shall be construed
to prevent the State Panel or | 25 | | the Local Panel
from determining that employers are joint or | 26 | | co-employers.
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| 1 | | (o-5) With respect to
wages, fringe
benefits, hours, | 2 | | holidays, vacations, proficiency
examinations, sick leave, and | 3 | | other conditions of
employment, the public employer of public | 4 | | employees who are court reporters, as
defined in the Court | 5 | | Reporters Act, shall be determined as
follows:
| 6 | | (1) For court reporters employed by the Cook County | 7 | | Judicial
Circuit, the chief judge of the Cook County | 8 | | Circuit
Court is the public employer and employer | 9 | | representative.
| 10 | | (2) For court reporters employed by the 12th, 18th, | 11 | | 19th, and, on and after December 4, 2006, the 22nd 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 | | (3) For court reporters employed by all other 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 | | (p) "Security employee" means an employee who is | 20 | | responsible for the
supervision and control of inmates at | 21 | | correctional facilities. The term
also includes other | 22 | | non-security employees in bargaining units having the
majority | 23 | | of employees being responsible for the supervision and control | 24 | | of
inmates at correctional facilities.
| 25 | | (q) "Short-term employee" means an employee who is employed | 26 | | for less
than 2 consecutive calendar quarters during a calendar |
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| 1 | | year and who does
not have a reasonable assurance that he or | 2 | | she will be rehired by the
same employer for the same service | 3 | | in a subsequent calendar year.
| 4 | | (q-5) "State agency" means an agency directly responsible | 5 | | to the Governor, as defined in Section 3.1 of the Executive | 6 | | Reorganization Implementation Act, and the Illinois Commerce | 7 | | Commission, the Illinois Workers' Compensation Commission, the | 8 | | Civil Service Commission, the Pollution Control Board, the | 9 | | Illinois Racing Board, and the Department of State Police Merit | 10 | | Board. | 11 | | (r) "Supervisor" is : | 12 | | (1) An an employee whose principal work is | 13 | | substantially
different from that of his or her | 14 | | subordinates and who has authority, in the
interest of the | 15 | | employer, to hire, transfer, suspend, lay off, recall,
| 16 | | promote, discharge, direct, reward, or discipline | 17 | | employees, to adjust
their grievances, or to effectively | 18 | | recommend any of those actions, if the
exercise
of that | 19 | | authority is not of a merely routine or clerical nature, | 20 | | but
requires the consistent use of independent judgment. | 21 | | Except with respect to
police employment, the term | 22 | | "supervisor" includes only those individuals
who devote a | 23 | | preponderance of their employment time to exercising that
| 24 | | authority, State supervisors notwithstanding. Nothing in | 25 | | this definition prohibits an individual from also meeting | 26 | | the definition of "managerial employee" under subsection |
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| 1 | | (j) of this Section. In addition, in determining
| 2 | | supervisory status in police employment, rank shall not be | 3 | | determinative.
The Board shall consider, as evidence of | 4 | | bargaining unit inclusion or
exclusion, the common law | 5 | | enforcement policies and relationships between
police | 6 | | officer ranks and certification under applicable civil | 7 | | service law,
ordinances, personnel codes, or Division 2.1 | 8 | | of Article 10 of the Illinois
Municipal Code, but these | 9 | | factors shall not
be the sole or predominant factors | 10 | | considered by the Board in determining
police supervisory | 11 | | status.
| 12 | | Notwithstanding the provisions of the preceding | 13 | | paragraph, in determining
supervisory status in fire | 14 | | fighter employment, no fire fighter shall be
excluded as a | 15 | | supervisor who has established representation rights under
| 16 | | Section 9 of this Act. Further, in new fire fighter units, | 17 | | employees shall
consist of fire fighters of the rank of | 18 | | company officer and below. If a company officer otherwise | 19 | | qualifies as a supervisor under the preceding paragraph, | 20 | | however, he or she shall
not be included in the fire | 21 | | fighter
unit. If there is no rank between that of chief and | 22 | | the
highest company officer, the employer may designate a | 23 | | position on each
shift as a Shift Commander, and the | 24 | | persons occupying those positions shall
be supervisors. | 25 | | All other ranks above that of company officer shall be
| 26 | | supervisors.
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| 1 | | (2) With respect only to State employees in positions | 2 | | under the jurisdiction of the Attorney General, Secretary | 3 | | of State, Comptroller, or Treasurer (i) that were certified | 4 | | in a bargaining unit on or after December 2, 2008, (ii) for | 5 | | which a petition is filed with the Illinois Public Labor | 6 | | Relations Board on or after the effective date of this | 7 | | amendatory Act of the 97th General Assembly, or (iii) for | 8 | | which a petition is pending before the Illinois Public | 9 | | Labor Relations Board on that date, an employee who | 10 | | qualifies as a supervisor under (A) Section 152 of the | 11 | | National Labor Relations Act and (B) orders of the National | 12 | | Labor Relations Board interpreting that provision or | 13 | | decisions of courts reviewing decisions of the National | 14 | | Labor Relations Board. | 15 | | (s) (1) "Unit" means a class of jobs or positions that are | 16 | | held by
employees whose collective interests may suitably | 17 | | be represented by a labor
organization for collective | 18 | | bargaining. Except with respect to non-State fire
fighters | 19 | | and paramedics employed by fire departments and fire | 20 | | protection
districts, non-State peace officers, and peace | 21 | | officers in the Department of
State Police, a bargaining | 22 | | unit determined by the Board shall not include both
| 23 | | employees and supervisors, or supervisors only, except as | 24 | | provided in paragraph
(2) of this subsection (s) and except | 25 | | for bargaining units in existence on July
1, 1984 (the | 26 | | effective date of this Act). With respect to non-State fire
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| 1 | | fighters and paramedics employed by fire departments and | 2 | | fire protection
districts, non-State peace officers, and | 3 | | peace officers in the Department of
State Police, a | 4 | | bargaining unit determined by the Board shall not include | 5 | | both
supervisors and nonsupervisors, or supervisors only, | 6 | | except as provided in
paragraph (2) of this subsection (s) | 7 | | and except for bargaining units in
existence on January 1, | 8 | | 1986 (the effective date of this amendatory Act of
1985). A | 9 | | bargaining unit determined by the Board to contain peace | 10 | | officers
shall contain no employees other than peace | 11 | | officers unless otherwise agreed to
by the employer and the | 12 | | labor organization or labor organizations involved.
| 13 | | Notwithstanding any other provision of this Act, a | 14 | | bargaining unit, including a
historical bargaining unit, | 15 | | containing sworn peace officers of the Department
of | 16 | | Natural Resources (formerly designated the Department of | 17 | | Conservation) shall
contain no employees other than such | 18 | | sworn peace officers upon the effective
date of this | 19 | | amendatory Act of 1990 or upon the expiration date of any
| 20 | | collective bargaining agreement in effect upon the | 21 | | effective date of this
amendatory Act of 1990 covering both | 22 | | such sworn peace officers and other
employees.
| 23 | | (2) Notwithstanding the exclusion of supervisors from | 24 | | bargaining units
as provided in paragraph (1) of this | 25 | | subsection (s), a public
employer may agree to permit its | 26 | | supervisory employees to form bargaining units
and may |
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| 1 | | bargain with those units. This Act shall apply if the | 2 | | public employer
chooses to bargain under this subsection.
| 3 | | (3) Public employees who are court reporters, as | 4 | | defined
in the Court Reporters Act,
shall be divided into 3 | 5 | | units for collective bargaining purposes. One unit
shall be | 6 | | court reporters employed by the Cook County Judicial | 7 | | Circuit; one
unit shall be court reporters employed by the | 8 | | 12th, 18th, 19th, and, on and after December 4, 2006, the | 9 | | 22nd judicial
circuits; and one unit shall be court | 10 | | reporters employed by all other
judicial circuits.
| 11 | | (t) "Active petition for certification in a bargaining | 12 | | unit" means a petition for certification filed with the Board | 13 | | under one of the following case numbers: S-RC-11-110; | 14 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 15 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 16 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 17 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 18 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 19 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 20 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 21 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 22 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 23 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 24 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 25 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 26 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
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| 1 | | S-RC-07-100. | 2 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
| 3 | | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| 4 | | Sec. 6. Right to organize and bargain collectively; | 5 | | exclusive
representation; and fair share arrangements. | 6 | | (a) Employees of the State and
any political subdivision of | 7 | | the State, excluding employees of the General
Assembly of the | 8 | | State of Illinois and employees excluded from the definition of | 9 | | "public employee" under subsection (n) of Section 3 of this | 10 | | Act , have, and are protected in the exercise
of, the right of | 11 | | self-organization,
and may form, join or assist any labor | 12 | | organization, to bargain collectively
through representatives | 13 | | of their own choosing on questions of wages, hours
and other | 14 | | conditions of employment, not excluded by Section 4 of this | 15 | | Act,
and to engage in other concerted activities not otherwise | 16 | | prohibited by law
for the purposes of collective bargaining or | 17 | | other mutual aid or protection,
free from interference, | 18 | | restraint or coercion. Employees also have, and
are protected | 19 | | in the exercise of, the right to refrain from participating
in | 20 | | any such concerted activities. Employees may be required,
| 21 | | pursuant to the terms of a lawful fair share agreement, to pay | 22 | | a fee which
shall be their proportionate share
of the costs of | 23 | | the collective bargaining process, contract administration
and | 24 | | pursuing matters affecting wages, hours and other conditions of | 25 | | employment
as defined in Section 3(g).
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| 1 | | (b) Nothing in this Act prevents an employee from | 2 | | presenting a grievance
to the employer and having the grievance | 3 | | heard and settled without the
intervention of an employee | 4 | | organization; provided that the exclusive
bargaining | 5 | | representative is afforded the opportunity to be present at | 6 | | such
conference and that any settlement made shall not be | 7 | | inconsistent with the
terms of any agreement in effect between | 8 | | the employer and the exclusive
bargaining representative.
| 9 | | (c) A labor organization designated by the Board as the | 10 | | representative
of the majority of public employees in an | 11 | | appropriate unit in accordance
with the procedures herein or | 12 | | recognized
by a public employer as the representative of the | 13 | | majority of public employees
in an appropriate unit is the | 14 | | exclusive representative for the employees
of such unit for the | 15 | | purpose of collective bargaining with respect to rates
of pay, | 16 | | wages, hours and other conditions of employment not excluded by
| 17 | | Section 4 of this Act. A public employer is required upon | 18 | | request to furnish the exclusive bargaining representative | 19 | | with a complete list of the names and addresses of the public | 20 | | employees in the bargaining unit, provided that a public | 21 | | employer shall not be required to furnish such a list more than | 22 | | once per payroll period. The exclusive bargaining | 23 | | representative shall use the list exclusively for bargaining | 24 | | representation purposes and shall not disclose any information | 25 | | contained in the list for any other purpose. Nothing in this | 26 | | Section, however, shall prohibit a bargaining representative |
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| 1 | | from disseminating a list of its union members.
| 2 | | (d) Labor organizations recognized by a public employer as | 3 | | the exclusive
representative or so designated in accordance | 4 | | with the provisions of this
Act are responsible for | 5 | | representing the interests of all public employees
in the unit. | 6 | | Nothing herein shall be construed to limit an exclusive
| 7 | | representative's right to exercise its discretion to refuse to | 8 | | process
grievances of employees that are unmeritorious.
| 9 | | (e) When a collective bargaining agreement is entered into | 10 | | with an exclusive
representative, it may include in the | 11 | | agreement a provision requiring employees
covered by the | 12 | | agreement who are not members of the organization to pay
their | 13 | | proportionate share of the costs of the collective bargaining | 14 | | process,
contract administration and pursuing matters | 15 | | affecting wages, hours and
conditions of employment, as defined | 16 | | in Section 3 (g), but not to exceed
the amount of dues | 17 | | uniformly required of members. The organization shall
certify | 18 | | to the employer the amount constituting each nonmember | 19 | | employee's
proportionate share which shall not exceed dues | 20 | | uniformly required of members.
In such case, the proportionate | 21 | | share payment in this Section shall be deducted
by the employer | 22 | | from the earnings of the nonmember employees and paid to
the | 23 | | employee organization.
| 24 | | (f) Only the exclusive representative may negotiate
| 25 | | provisions in a collective bargaining agreement providing for | 26 | | the payroll
deduction of labor organization dues, fair share |
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| 1 | | payment, initiation fees
and assessments. Except as provided in | 2 | | subsection (e) of this Section, any
such deductions shall only | 3 | | be made upon an employee's written
authorization, and continued | 4 | | until revoked in writing in the same manner or
until the | 5 | | termination date of an applicable collective bargaining
| 6 | | agreement. Such payments shall be paid to the exclusive | 7 | | representative.
| 8 | | Where a collective bargaining agreement is terminated, or | 9 | | continues in effect beyond its scheduled expiration date | 10 | | pending the negotiation of a successor agreement or the | 11 | | resolution of an impasse under Section 14, the employer shall | 12 | | continue to honor and abide by any dues deduction or fair share | 13 | | clause contained therein until a new agreement is reached | 14 | | including dues deduction or a fair share clause. For the | 15 | | benefit of any successor exclusive representative certified | 16 | | under this Act, this provision shall be applicable, provided | 17 | | the successor exclusive representative: | 18 | | (i) certifies to the employer the amount constituting | 19 | | each non-member's proportionate share under subsection | 20 | | (e); or | 21 | | (ii) presents the employer with employee written | 22 | | authorizations for the deduction of dues, assessments, and | 23 | | fees under this subsection. | 24 | | Failure to so honor and abide by dues deduction or fair | 25 | | share clauses for the benefit of any exclusive representative, | 26 | | including a successor, shall be a violation of the duty to |
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| 1 | | bargain and an unfair labor practice.
| 2 | | (g) Agreements containing a fair share agreement must | 3 | | safeguard the right
of nonassociation of employees based upon | 4 | | bona fide religious tenets or
teachings of a church or | 5 | | religious body of which such employees are members.
Such | 6 | | employees may be required to pay an amount equal to their fair | 7 | | share,
determined under a lawful fair share agreement, to a | 8 | | nonreligious charitable
organization mutually agreed upon by | 9 | | the employees affected and the exclusive
bargaining | 10 | | representative to which such employees would otherwise pay such
| 11 | | service fee. If the affected employees and the bargaining | 12 | | representative
are unable to reach an agreement on the matter, | 13 | | the Board may establish an
approved list of charitable | 14 | | organizations to which such payments may be made.
| 15 | | (Source: P.A. 93-854, eff. 1-1-05; 94-472, eff. 1-1-06.)
| 16 | | (5 ILCS 315/6.1 new) | 17 | | Sec. 6.1. Gubernatorial designation of certain public | 18 | | employment positions as excluded from collective bargaining. | 19 | | (a) Notwithstanding any provision of this Act to the | 20 | | contrary, the Governor is authorized to designate up to 3,580 | 21 | | State employment positions collectively within State agencies | 22 | | directly responsible to the Governor, and, upon designation, | 23 | | those positions and employees in those positions, if any, are | 24 | | hereby excluded from the self-organization and collective | 25 | | bargaining provisions of Section 6 of this Act. Only those |
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| 1 | | employment positions that have been certified in a bargaining | 2 | | unit on or after December 2, 2008, that have a pending petition | 3 | | for certification in a bargaining unit on the effective date of | 4 | | this amendatory Act of the 97th General Assembly, or that | 5 | | neither have been certified in a bargaining unit on or after | 6 | | December 2, 2008 nor have a pending petition for certification | 7 | | in a bargaining unit on the effective date of this amendatory | 8 | | Act of the 97th General Assembly are eligible to be designated | 9 | | by the Governor under this Section. The Governor may not | 10 | | designate under this Section, however, more than 1,900 | 11 | | employment positions that have been certified in a bargaining | 12 | | unit on or after December 2, 2008. | 13 | | (b) In order to properly designate a State employment | 14 | | position under this Section, the Governor shall provide in | 15 | | writing to the Board: the job title and job duties of the | 16 | | employment position; the name of the State employee currently | 17 | | in the employment position, if any; the name of the State | 18 | | agency employing the public employee; and the category under | 19 | | which the position qualifies for designation under this | 20 | | Section. | 21 | | To qualify for designation under this Section, the | 22 | | employment position must meet one or more of the following | 23 | | requirements: | 24 | | (1) it must authorize an employee in that position to | 25 | | act as a legislative liaison; | 26 | | (2) it must have a title of, or authorize a person who |
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| 1 | | holds that position to exercise substantially similar | 2 | | duties as an, Agency General Counsel, Agency Chief of | 3 | | Staff, Agency Executive Director, Agency Deputy Director, | 4 | | Agency Chief Fiscal Officer, Agency Human Resources | 5 | | Director, Senior Public Service Administrator, Public | 6 | | Information Officer, or Chief Information Officer; | 7 | | (3) it must be a Rutan-exempt, as designated by the | 8 | | employer, position and completely exempt from jurisdiction | 9 | | B of the Personnel Code; | 10 | | (4) it must be a term appointed position pursuant to | 11 | | Section 8b.18 or 8b.19 of the Personnel Code; or | 12 | | (5) it must authorize an employee in that position to | 13 | | have significant and independent discretionary authority | 14 | | as an employee. | 15 | | Within 60 days after the Governor makes a designation under | 16 | | this Section, the Board shall determine, in a manner that is | 17 | | consistent with the requirements of due process, whether the | 18 | | designation comports with the requirements of this Section. | 19 | | (c) For the purposes of this Section, a person has | 20 | | significant and independent discretionary authority as an | 21 | | employee if he or she (i) is engaged in executive and | 22 | | management functions of a State agency and charged with the | 23 | | effectuation of management policies and practices of a State | 24 | | agency or represents management interests by taking or | 25 | | recommending discretionary actions that effectively control or | 26 | | implement the policy of a State agency or (ii) qualifies as a |
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| 1 | | supervisor of a State agency as that term is defined under | 2 | | Section 152 of the National Labor Relations Act or any orders | 3 | | of the National Labor Relations Board interpreting that | 4 | | provision or decisions of courts reviewing decisions of the | 5 | | National Labor Relations Board. | 6 | | (d) The Governor must exercise the authority afforded under | 7 | | this Section within 365 calendar days after the effective date | 8 | | of this amendatory Act of the 97th General Assembly. Any | 9 | | designation made by the Governor under this Section shall be | 10 | | presumed to have been properly made. | 11 | | If the Governor chooses not to designate a position under | 12 | | this Section, then that decision does not preclude a State | 13 | | agency from otherwise challenging the certification of that | 14 | | position under this Act. | 15 | | The qualifying categories set forth in paragraphs (1) | 16 | | through (5) of subsection (b) of this Section are operative and | 17 | | function solely within this Section and do not expand or | 18 | | restrict the scope of any other provision contained in this | 19 | | Act. | 20 | | Section 95. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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