Full Text of SB3681 97th General Assembly
SB3681ham005 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 1/6/2013
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| 1 | | AMENDMENT TO SENATE BILL 3681
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3681, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. If and only if Senate Bill 1556, as passed by | 6 | | the 97th General Assembly, becomes law, the Illinois Public | 7 | | Labor Relations Act is amended by changing Sections 3 and 6.1 | 8 | | as follows: | 9 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 10 | | Sec. 3. Definitions. As used in this Act, unless the | 11 | | context
otherwise requires:
| 12 | | (a) "Board" means the Illinois
Labor Relations Board or, | 13 | | with respect to a matter over which the
jurisdiction of the | 14 | | Board is assigned to the State Panel or the Local Panel
under | 15 | | Section 5, the panel having jurisdiction over the matter.
| 16 | | (b) "Collective bargaining" means bargaining over terms |
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| 1 | | and conditions
of employment, including hours, wages, and other | 2 | | conditions of employment,
as detailed in Section 7 and which | 3 | | are not excluded by Section 4.
| 4 | | (c) "Confidential employee" means an employee who, in the | 5 | | regular course
of his or her duties, assists and acts in a | 6 | | confidential capacity to persons
who formulate, determine, and | 7 | | effectuate management policies with regard
to labor relations | 8 | | or who, in the regular course of his or her duties, has
| 9 | | authorized access to information relating to the effectuation
| 10 | | or review of the employer's collective bargaining policies.
| 11 | | (d) "Craft employees" means skilled journeymen, crafts | 12 | | persons, and their
apprentices and helpers.
| 13 | | (e) "Essential services employees" means those public | 14 | | employees
performing functions so essential that the | 15 | | interruption or termination of
the function will constitute a | 16 | | clear and present danger to the health and
safety of the | 17 | | persons in the affected community.
| 18 | | (f) "Exclusive representative", except with respect to | 19 | | non-State fire
fighters and paramedics employed by fire | 20 | | departments and fire protection
districts, non-State peace | 21 | | officers, and peace officers in the
Department of State Police, | 22 | | means the labor organization that has
been (i) designated by | 23 | | the Board as the representative of a majority of public
| 24 | | employees in an appropriate bargaining unit in accordance with | 25 | | the procedures
contained in this Act, (ii) historically
| 26 | | recognized by the State of Illinois or
any political |
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| 1 | | subdivision of the State before July 1, 1984
(the effective | 2 | | date of this
Act) as the exclusive representative of the | 3 | | employees in an appropriate
bargaining unit, (iii) after July | 4 | | 1, 1984 (the
effective date of this Act) recognized by an
| 5 | | employer upon evidence, acceptable to the Board, that the labor
| 6 | | organization has been designated as the exclusive | 7 | | representative by a
majority of the employees in an appropriate | 8 | | bargaining unit;
(iv) recognized as the exclusive | 9 | | representative of personal care attendants
or personal
| 10 | | assistants under Executive Order 2003-8 prior to the effective | 11 | | date of this
amendatory
Act of the 93rd General Assembly, and | 12 | | the organization shall be considered to
be the
exclusive | 13 | | representative of the personal care attendants or personal | 14 | | assistants
as defined
in this Section; or (v) recognized as the | 15 | | exclusive representative of child and day care home providers, | 16 | | including licensed and license exempt providers, pursuant to an | 17 | | election held under Executive Order 2005-1 prior to the | 18 | | effective date of this amendatory Act of the 94th General | 19 | | Assembly, and the organization shall be considered to be the | 20 | | exclusive representative of the child and day care home | 21 | | providers as defined in this Section.
| 22 | | With respect to non-State fire fighters and paramedics | 23 | | employed by fire
departments and fire protection districts, | 24 | | non-State peace officers, and
peace officers in the Department | 25 | | of State Police,
"exclusive representative" means the labor | 26 | | organization that has
been (i) designated by the Board as the |
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| 1 | | representative of a majority of peace
officers or fire fighters | 2 | | in an appropriate bargaining unit in accordance
with the | 3 | | procedures contained in this Act, (ii)
historically recognized
| 4 | | by the State of Illinois or any political subdivision of the | 5 | | State before
January 1, 1986 (the effective date of this | 6 | | amendatory Act of 1985) as the exclusive
representative by a | 7 | | majority of the peace officers or fire fighters in an
| 8 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 9 | | (the effective date of this amendatory
Act of 1985) recognized | 10 | | by an employer upon evidence, acceptable to the
Board, that the | 11 | | labor organization has been designated as the exclusive
| 12 | | representative by a majority of the peace officers or fire | 13 | | fighters in an
appropriate bargaining unit.
| 14 | | (g) "Fair share agreement" means an agreement between the | 15 | | employer and
an employee organization under which all or any of | 16 | | the employees in a
collective bargaining unit are required to | 17 | | pay their proportionate share of
the costs of the collective | 18 | | bargaining process, contract administration, and
pursuing | 19 | | matters affecting wages, hours, and other conditions of | 20 | | 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
preclude | 25 | | an employee from making
voluntary political contributions in | 26 | | conjunction with his or her fair share
payment.
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| 1 | | (g-1) "Fire fighter" means, for the purposes of this Act | 2 | | only, any
person who has been or is hereafter appointed to a | 3 | | fire department or fire
protection district or employed by a | 4 | | state university and sworn or
commissioned to perform fire | 5 | | fighter duties or paramedic duties, except that the
following | 6 | | persons are not included: part-time fire fighters,
auxiliary, | 7 | | reserve or voluntary fire fighters, including paid on-call fire
| 8 | | fighters, clerks and dispatchers or other civilian employees of | 9 | | a fire
department or fire protection district who are not | 10 | | routinely expected to
perform fire fighter duties, or elected | 11 | | officials.
| 12 | | (g-2) "General Assembly of the State of Illinois" means the
| 13 | | legislative branch of the government of the State of Illinois, | 14 | | as provided
for under Article IV of the Constitution of the | 15 | | State of Illinois, and
includes but is not limited to the House | 16 | | of Representatives, the Senate,
the Speaker of the House of | 17 | | Representatives, the Minority Leader of the
House of | 18 | | Representatives, the President of the Senate, the Minority | 19 | | Leader
of the Senate, the Joint Committee on Legislative | 20 | | Support Services and any
legislative support services agency | 21 | | listed in the Legislative Commission
Reorganization Act of | 22 | | 1984.
| 23 | | (h) "Governing body" means, in the case of the State, the | 24 | | State Panel of
the Illinois Labor Relations Board, the Director | 25 | | of the Department of Central
Management Services, and the | 26 | | Director of the Department of Labor; the county
board in the |
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| 1 | | case of a county; the corporate authorities in the case of a
| 2 | | municipality; and the appropriate body authorized to provide | 3 | | for expenditures
of its funds in the case of any other unit of | 4 | | government.
| 5 | | (i) "Labor organization" means any organization in which | 6 | | public employees
participate and that exists for the purpose, | 7 | | in whole or in part, of dealing
with a public employer | 8 | | concerning wages, hours, and other terms and conditions
of | 9 | | employment, including the settlement of grievances.
| 10 | | (i-5) "Legislative liaison" means a person who is an | 11 | | employee of a State agency, the Attorney General, the Secretary | 12 | | of State, the Comptroller, or the Treasurer, as the case may | 13 | | be, and whose job duties require the person to regularly | 14 | | communicate in the course of his or her employment with any | 15 | | official or staff of the General Assembly of the State of | 16 | | Illinois for the purpose of influencing any legislative action. | 17 | | (j) "Managerial employee" means an individual who is | 18 | | engaged
predominantly in executive and management functions | 19 | | and is charged with the
responsibility of directing the | 20 | | effectuation of management policies
and practices.
With | 21 | | respect only to State employees in positions under the | 22 | | jurisdiction of the Attorney General, Secretary of State, | 23 | | Comptroller, or Treasurer (i) that were certified in a | 24 | | bargaining unit on or after December 2, 2008, (ii) for which a | 25 | | petition is filed with the Illinois Public Labor Relations | 26 | | Board on or after the effective date of this amendatory Act of |
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| 1 | | the 97th General Assembly, or (iii) for which a petition is | 2 | | pending before the Illinois Public Labor Relations Board on | 3 | | that date, "managerial employee" means an individual who is | 4 | | engaged in executive and management functions or who is charged | 5 | | with the effectuation of management policies and practices or | 6 | | who represents management interests by taking or recommending | 7 | | discretionary actions that effectively control or implement | 8 | | policy. Nothing in this definition prohibits an individual from | 9 | | also meeting the definition "supervisor" under subsection (r) | 10 | | of this Section.
| 11 | | (k) "Peace officer" means, for the purposes of this Act | 12 | | only, any
persons who have been or are hereafter appointed to a | 13 | | police force,
department, or agency and sworn or commissioned | 14 | | to perform police duties,
except that the following persons are | 15 | | not
included: part-time police
officers, special police | 16 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 17 | | the Illinois Municipal Code, night watchmen, "merchant | 18 | | police",
court security officers as defined by Section 3-6012.1 | 19 | | of the Counties
Code,
temporary employees, traffic guards or | 20 | | wardens, civilian parking meter and
parking facilities | 21 | | personnel or other individuals specially appointed to
aid or | 22 | | direct traffic at or near schools or public functions or to aid | 23 | | in
civil defense or disaster, parking enforcement employees who | 24 | | are not
commissioned as peace officers and who are not armed | 25 | | and who are not
routinely expected to effect arrests, parking | 26 | | lot attendants, clerks and
dispatchers or other civilian |
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| 1 | | employees of a police department who are not
routinely expected | 2 | | to effect arrests, or elected officials.
| 3 | | (l) "Person" includes one or more individuals, labor | 4 | | organizations, public
employees, associations, corporations, | 5 | | legal representatives, trustees,
trustees in bankruptcy, | 6 | | receivers, or the State of Illinois or any political
| 7 | | subdivision of the State or governing body, but does not | 8 | | include the General
Assembly of the State of Illinois or any | 9 | | individual employed by the General
Assembly of the State of | 10 | | Illinois.
| 11 | | (m) "Professional employee" means any employee engaged in | 12 | | work predominantly
intellectual and varied in character rather | 13 | | than routine mental, manual,
mechanical or physical work; | 14 | | involving the consistent exercise of discretion
and adjustment | 15 | | in its performance; of such a character that the output | 16 | | produced
or the result accomplished cannot be standardized in | 17 | | relation to a given
period of time; and requiring advanced | 18 | | knowledge in a field of science or
learning customarily | 19 | | acquired by a prolonged course of specialized intellectual
| 20 | | instruction and study in an institution of higher learning or a | 21 | | hospital,
as distinguished from a general academic education or | 22 | | from apprenticeship
or from training in the performance of | 23 | | routine mental, manual, or physical
processes; or any employee | 24 | | who has completed the courses of specialized
intellectual | 25 | | instruction and study prescribed in this subsection (m) and is
| 26 | | performing related
work under the supervision of a professional |
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| 1 | | person to qualify to become
a professional employee as defined | 2 | | in this subsection (m).
| 3 | | (n) "Public employee" or "employee", for the purposes of | 4 | | this Act, means
any individual employed by a public employer, | 5 | | including (i) interns and residents
at public hospitals, (ii) | 6 | | as of the effective date of this amendatory Act of the 93rd | 7 | | General
Assembly, but not
before, personal care attendants and | 8 | | personal assistants working under the Home
Services
Program | 9 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 10 | | subject to
the
limitations set forth in this Act and in the | 11 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly, but not before, child and day care home providers | 14 | | participating in the child care assistance program under | 15 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 16 | | limitations set forth in this Act and in Section 9A-11 of the | 17 | | Illinois Public Aid Code , and (iv) beginning on the effective | 18 | | date of this amendatory Act of the 97th General Assembly and | 19 | | notwithstanding any other provision of this Act, any mental | 20 | | health administrator in the Department of Corrections who is | 21 | | classified as or who holds the position of Public Service | 22 | | Administrator (Option 8K), any attorney in the Department of | 23 | | Corrections who is classified as or who holds the position of | 24 | | Public Service Administrator (Option 8L), any nuclear safety | 25 | | staff attorney in the Illinois Emergency Management Agency, any | 26 | | Section Chief, Deputy Lab Director, Research and Development |
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| 1 | | Coordinator, Quality Assurance Director, or Assistant Director | 2 | | of Training in the Department of State Police who is classified | 3 | | as or who holds the position of Senior Public Service | 4 | | Administrator (Option 7), any employee of the Office of the | 5 | | Inspector General in the Department of Human Services who is | 6 | | classified as or who holds the position of Public Service | 7 | | Administrator (Option 7), any Deputy of Intelligence in the | 8 | | Department of Corrections who is classified as or who holds the | 9 | | position of Public Service Administrator (Option 7), and any | 10 | | employee of the Department of State Police who handles issues | 11 | | concerning the State's sex offender registry and who is | 12 | | classified as or holds the position of Public Service | 13 | | Administrator (Option 7) , but excluding all of the following: | 14 | | employees of the
General Assembly of the State of Illinois; | 15 | | elected officials; executive
heads of a department; members of | 16 | | boards or commissions; the Executive
Inspectors General; any | 17 | | special Executive Inspectors General; employees of each
Office | 18 | | of an Executive Inspector General;
commissioners and employees | 19 | | of the Executive Ethics Commission; the Auditor
General's | 20 | | Inspector General; employees of the Office of the Auditor | 21 | | General's
Inspector General; the Legislative Inspector | 22 | | General; any special Legislative
Inspectors General; employees | 23 | | of the Office
of the Legislative Inspector General;
| 24 | | commissioners and employees of the Legislative Ethics | 25 | | Commission;
employees
of any
agency, board or commission | 26 | | created by this Act; employees appointed to
State positions of |
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| 1 | | a temporary or emergency nature; all employees of school
| 2 | | districts and higher education institutions except | 3 | | firefighters and peace
officers employed
by a state university | 4 | | and except peace officers employed by a school district in its | 5 | | own police department in existence on the effective date of | 6 | | this amendatory Act of the 96th General Assembly; managerial | 7 | | employees; short-term employees;
legislative liaisons; a | 8 | | person who is a State employee under the jurisdiction of the | 9 | | Office of the Attorney General who is licensed to practice law | 10 | | or whose position authorizes, either directly or indirectly, | 11 | | meaningful input into government decision-making on issues | 12 | | where there is room for principled disagreement on goals or | 13 | | their implementation; a person who is a State employee under | 14 | | the jurisdiction of the Office of the Comptroller who holds the | 15 | | position of Public Service Administrator or whose position is | 16 | | otherwise exempt under the Comptroller Merit Employment Code; a | 17 | | person who is a State employee under the jurisdiction of the | 18 | | Secretary of State who holds the position classification of | 19 | | Executive I or higher, whose position authorizes, either | 20 | | directly or indirectly, meaningful input into government | 21 | | decision-making on issues where there is room for principled | 22 | | disagreement on goals or their implementation, or who is | 23 | | otherwise exempt under the Secretary of State Merit Employment | 24 | | Code; employees in the Office of the Secretary of State who are | 25 | | completely exempt from jurisdiction B of the Secretary of State | 26 | | Merit Employment Code and who are in Rutan-exempt positions on |
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| 1 | | or after the effective date of this amendatory Act of the 97th | 2 | | General Assembly; a person who is a State employee under the | 3 | | jurisdiction of the Treasurer who holds a position that is | 4 | | exempt from the State Treasurer Employment Code; any employee | 5 | | of a State agency who (i) holds the title or position of, or | 6 | | exercises substantially similar duties as a, legislative | 7 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 8 | | Executive Director, Agency Deputy Director, Agency Chief | 9 | | Fiscal Officer, Agency Human Resources Director, Public | 10 | | Information Officer, or Chief Information Officer and (ii) was | 11 | | neither included in a bargaining unit nor subject to an active | 12 | | petition for certification in a bargaining unit; any employee | 13 | | of a State agency who (i) is in a position that is | 14 | | Rutan-exempt, as designated by the employer, and completely | 15 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 16 | | neither included in a bargaining unit nor subject to an active | 17 | | petition for certification in a bargaining unit; any term | 18 | | appointed employee of a State agency pursuant to Section 8b.18 | 19 | | or 8b.19 of the Personnel Code who was neither included in a | 20 | | bargaining unit nor subject to an active petition for | 21 | | certification in a bargaining unit; any employment position | 22 | | properly designated pursuant to Section 6.1 of this Act; | 23 | | confidential employees; independent contractors; and | 24 | | supervisors except as
provided in this Act.
| 25 | | Personal care attendants and personal assistants shall not | 26 | | be considered
public
employees for any purposes not |
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| 1 | | specifically provided for in the amendatory Act
of the
93rd | 2 | | General Assembly, including but not limited to, purposes of | 3 | | vicarious
liability in tort
and purposes of statutory | 4 | | retirement or health insurance benefits. Personal
care
| 5 | | attendants and personal assistants shall not be covered by the | 6 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 7 | | Child and day care home providers shall not be considered | 8 | | public employees for any purposes not specifically provided for | 9 | | in this amendatory Act of the 94th General Assembly, including | 10 | | but not limited to, purposes of vicarious liability in tort and | 11 | | purposes of statutory retirement or health insurance benefits. | 12 | | Child and day care home providers shall not be covered by the | 13 | | State Employees Group Insurance Act of 1971. | 14 | | Notwithstanding Section 9, subsection (c), or any other | 15 | | provisions of
this Act, all peace officers above the rank of | 16 | | captain in
municipalities with more than 1,000,000 inhabitants | 17 | | shall be excluded
from this Act.
| 18 | | (o) Except as otherwise in subsection (o-5), "public | 19 | | employer" or "employer" means the State of Illinois; any
| 20 | | political subdivision of the State, unit of local government or | 21 | | school
district; authorities including departments, divisions, | 22 | | bureaus, boards,
commissions, or other agencies of the | 23 | | foregoing entities; and any person
acting within the scope of | 24 | | his or her authority, express or implied, on
behalf of those | 25 | | entities in dealing with its employees.
As of the effective | 26 | | date of the amendatory Act of the 93rd General Assembly,
but |
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| 1 | | not
before, the State of Illinois shall be considered the | 2 | | employer of the personal
care
attendants and personal | 3 | | assistants working under the Home Services Program
under
| 4 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 5 | | to the
limitations set forth
in this Act and in the Disabled | 6 | | Persons Rehabilitation Act. The State shall not
be
considered | 7 | | to be the employer of personal care attendants and personal
| 8 | | assistants for any
purposes not specifically provided for in | 9 | | this amendatory Act of the 93rd
General
Assembly, including but | 10 | | not limited to, purposes of vicarious liability in tort
and
| 11 | | purposes of statutory retirement or health insurance benefits. | 12 | | Personal care
attendants
and personal assistants shall not be | 13 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 14 | | ILCS 375/).
As of the effective date of this amendatory Act of | 15 | | the 94th General Assembly but not before, the State of Illinois | 16 | | shall be considered the employer of the day and child care home | 17 | | providers participating in the child care assistance program | 18 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 19 | | the limitations set forth in this Act and in Section 9A-11 of | 20 | | the Illinois Public Aid Code. The State shall not be considered | 21 | | to be the employer of child and day care home providers for any | 22 | | purposes not specifically provided for in this amendatory Act | 23 | | of the 94th General Assembly, including but not limited to, | 24 | | purposes of vicarious liability in tort and purposes of | 25 | | statutory retirement or health insurance benefits. Child and | 26 | | day care home providers shall not be covered by the State |
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| 1 | | Employees Group Insurance Act of 1971. | 2 | | "Public employer" or
"employer" as used in this Act, | 3 | | however, does not
mean and shall not include the General | 4 | | Assembly of the State of Illinois,
the Executive Ethics | 5 | | Commission, the Offices of the Executive Inspectors
General, | 6 | | the Legislative Ethics Commission, the Office of the | 7 | | Legislative
Inspector General, the Office of the Auditor | 8 | | General's Inspector General, the Office of the Governor, the | 9 | | Governor's Office of Management and Budget, the Illinois | 10 | | Finance Authority, the Office of the Lieutenant Governor, the | 11 | | State Board of Elections,
and educational employers or | 12 | | employers as defined in the Illinois
Educational Labor | 13 | | Relations Act, except with respect to a state university in
its | 14 | | employment of firefighters and peace officers and except with | 15 | | respect to a school district in the employment of peace | 16 | | officers in its own police department in existence on the | 17 | | effective date of this amendatory Act of the 96th General | 18 | | Assembly. County boards and county
sheriffs shall be
designated | 19 | | as joint or co-employers of county peace officers appointed
| 20 | | under the authority of a county sheriff. Nothing in this | 21 | | subsection
(o) shall be construed
to prevent the State Panel or | 22 | | the Local Panel
from determining that employers are joint or | 23 | | co-employers.
| 24 | | (o-5) With respect to
wages, fringe
benefits, hours, | 25 | | holidays, vacations, proficiency
examinations, sick leave, and | 26 | | other conditions of
employment, the public employer of public |
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| 1 | | employees who are court reporters, as
defined in the Court | 2 | | Reporters Act, shall be determined as
follows:
| 3 | | (1) For court reporters employed by the Cook County | 4 | | Judicial
Circuit, the chief judge of the Cook County | 5 | | Circuit
Court is the public employer and employer | 6 | | representative.
| 7 | | (2) For court reporters employed by the 12th, 18th, | 8 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 9 | | circuits, a group consisting of the chief judges of those | 10 | | circuits, acting
jointly by majority vote, is the public | 11 | | employer and employer representative.
| 12 | | (3) For court reporters employed by all other judicial | 13 | | circuits,
a group consisting of the chief judges of those | 14 | | circuits, acting jointly by
majority vote, is the public | 15 | | employer and employer representative.
| 16 | | (p) "Security employee" means an employee who is | 17 | | responsible for the
supervision and control of inmates at | 18 | | correctional facilities. The term
also includes other | 19 | | non-security employees in bargaining units having the
majority | 20 | | of employees being responsible for the supervision and control | 21 | | of
inmates at correctional facilities.
| 22 | | (q) "Short-term employee" means an employee who is employed | 23 | | for less
than 2 consecutive calendar quarters during a calendar | 24 | | year and who does
not have a reasonable assurance that he or | 25 | | she will be rehired by the
same employer for the same service | 26 | | in a subsequent calendar year.
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| 1 | | (q-5) "State agency" means an agency directly responsible | 2 | | to the Governor, as defined in Section 3.1 of the Executive | 3 | | Reorganization Implementation Act, and the Illinois Commerce | 4 | | Commission, the Illinois Workers' Compensation Commission, the | 5 | | Civil Service Commission, the Pollution Control Board, the | 6 | | Illinois Racing Board, and the Department of State Police Merit | 7 | | Board. | 8 | | (r) "Supervisor" is: | 9 | | (1) An employee whose principal work is substantially
| 10 | | different from that of his or her subordinates and who has | 11 | | authority, in the
interest of the employer, to hire, | 12 | | transfer, suspend, lay off, recall,
promote, discharge, | 13 | | direct, reward, or discipline employees, to adjust
their | 14 | | grievances, or to effectively recommend any of those | 15 | | actions, if the
exercise
of that authority is not of a | 16 | | merely routine or clerical nature, but
requires the | 17 | | consistent use of independent judgment. Except with | 18 | | respect to
police employment, the term "supervisor" | 19 | | includes only those individuals
who devote a preponderance | 20 | | of their employment time to exercising that
authority, | 21 | | State supervisors notwithstanding. Nothing in this | 22 | | definition prohibits an individual from also meeting the | 23 | | definition of "managerial employee" under subsection (j) | 24 | | of this Section. In addition, in determining
supervisory | 25 | | status in police employment, rank shall not be | 26 | | determinative.
The Board shall consider, as evidence of |
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| 1 | | bargaining unit inclusion or
exclusion, the common law | 2 | | enforcement policies and relationships between
police | 3 | | officer ranks and certification under applicable civil | 4 | | service law,
ordinances, personnel codes, or Division 2.1 | 5 | | of Article 10 of the Illinois
Municipal Code, but these | 6 | | factors shall not
be the sole or predominant factors | 7 | | considered by the Board in determining
police supervisory | 8 | | status.
| 9 | | Notwithstanding the provisions of the preceding | 10 | | paragraph, in determining
supervisory status in fire | 11 | | fighter employment, no fire fighter shall be
excluded as a | 12 | | supervisor who has established representation rights under
| 13 | | Section 9 of this Act. Further, in new fire fighter units, | 14 | | employees shall
consist of fire fighters of the rank of | 15 | | company officer and below. If a company officer otherwise | 16 | | qualifies as a supervisor under the preceding paragraph, | 17 | | however, he or she shall
not be included in the fire | 18 | | fighter
unit. If there is no rank between that of chief and | 19 | | the
highest company officer, the employer may designate a | 20 | | position on each
shift as a Shift Commander, and the | 21 | | persons occupying those positions shall
be supervisors. | 22 | | All other ranks above that of company officer shall be
| 23 | | supervisors.
| 24 | | (2) With respect only to State employees in positions | 25 | | under the jurisdiction of the Attorney General, Secretary | 26 | | of State, Comptroller, or Treasurer (i) that were certified |
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| 1 | | in a bargaining unit on or after December 2, 2008, (ii) for | 2 | | which a petition is filed with the Illinois Public Labor | 3 | | Relations Board on or after the effective date of this | 4 | | amendatory Act of the 97th General Assembly, or (iii) for | 5 | | which a petition is pending before the Illinois Public | 6 | | Labor Relations Board on that date, an employee who | 7 | | qualifies as a supervisor under (A) Section 152 of the | 8 | | National Labor Relations Act and (B) orders of the National | 9 | | Labor Relations Board interpreting that provision or | 10 | | decisions of courts reviewing decisions of the National | 11 | | Labor Relations Board. | 12 | | (s) (1) "Unit" means a class of jobs or positions that are | 13 | | held by
employees whose collective interests may suitably | 14 | | be represented by a labor
organization for collective | 15 | | bargaining. Except with respect to non-State fire
fighters | 16 | | and paramedics employed by fire departments and fire | 17 | | protection
districts, non-State peace officers, and peace | 18 | | officers in the Department of
State Police, a bargaining | 19 | | unit determined by the Board shall not include both
| 20 | | employees and supervisors, or supervisors only, except as | 21 | | provided in paragraph
(2) of this subsection (s) and except | 22 | | for bargaining units in existence on July
1, 1984 (the | 23 | | effective date of this Act). With respect to non-State fire
| 24 | | fighters and paramedics employed by fire departments and | 25 | | fire protection
districts, non-State peace officers, and | 26 | | peace officers in the Department of
State Police, a |
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| 1 | | bargaining unit determined by the Board shall not include | 2 | | both
supervisors and nonsupervisors, or supervisors only, | 3 | | except as provided in
paragraph (2) of this subsection (s) | 4 | | and except for bargaining units in
existence on January 1, | 5 | | 1986 (the effective date of this amendatory Act of
1985). A | 6 | | bargaining unit determined by the Board to contain peace | 7 | | officers
shall contain no employees other than peace | 8 | | officers unless otherwise agreed to
by the employer and the | 9 | | labor organization or labor organizations involved.
| 10 | | Notwithstanding any other provision of this Act, a | 11 | | bargaining unit, including a
historical bargaining unit, | 12 | | containing sworn peace officers of the Department
of | 13 | | Natural Resources (formerly designated the Department of | 14 | | Conservation) shall
contain no employees other than such | 15 | | sworn peace officers upon the effective
date of this | 16 | | amendatory Act of 1990 or upon the expiration date of any
| 17 | | collective bargaining agreement in effect upon the | 18 | | effective date of this
amendatory Act of 1990 covering both | 19 | | such sworn peace officers and other
employees.
| 20 | | (2) Notwithstanding the exclusion of supervisors from | 21 | | bargaining units
as provided in paragraph (1) of this | 22 | | subsection (s), a public
employer may agree to permit its | 23 | | supervisory employees to form bargaining units
and may | 24 | | bargain with those units. This Act shall apply if the | 25 | | public employer
chooses to bargain under this subsection.
| 26 | | (3) Public employees who are court reporters, as |
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| 1 | | defined
in the Court Reporters Act,
shall be divided into 3 | 2 | | units for collective bargaining purposes. One unit
shall be | 3 | | court reporters employed by the Cook County Judicial | 4 | | Circuit; one
unit shall be court reporters employed by the | 5 | | 12th, 18th, 19th, and, on and after December 4, 2006, the | 6 | | 22nd judicial
circuits; and one unit shall be court | 7 | | reporters employed by all other
judicial circuits.
| 8 | | (t) "Active petition for certification in a bargaining | 9 | | unit" means a petition for certification filed with the Board | 10 | | under one of the following case numbers: S-RC-11-110; | 11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 24 | | S-RC-07-100. | 25 | | (Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
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| 1 | | (5 ILCS 315/6.1) | 2 | | Sec. 6.1. Gubernatorial designation of certain public | 3 | | employment positions as excluded from collective bargaining. | 4 | | (a) Notwithstanding any provision of this Act to the | 5 | | contrary, except subsection (e) of this Section, the Governor | 6 | | is authorized to designate up to 3,580 State employment | 7 | | positions collectively within State agencies directly | 8 | | responsible to the Governor, and, upon designation, those | 9 | | positions and employees in those positions, if any, are hereby | 10 | | excluded from the self-organization and collective bargaining | 11 | | provisions of Section 6 of this Act. Only those employment | 12 | | positions that have been certified in a bargaining unit on or | 13 | | after December 2, 2008, that have a pending petition for | 14 | | certification in a bargaining unit on the effective date of | 15 | | this amendatory Act of the 97th General Assembly, or that | 16 | | neither have been certified in a bargaining unit on or after | 17 | | December 2, 2008 nor have a pending petition for certification | 18 | | in a bargaining unit on the effective date of this amendatory | 19 | | Act of the 97th General Assembly are eligible to be designated | 20 | | by the Governor under this Section. The Governor may not | 21 | | designate under this Section, however, more than 1,900 | 22 | | employment positions that have been certified in a bargaining | 23 | | unit on or after December 2, 2008. | 24 | | (b) In order to properly designate a State employment | 25 | | position under this Section, the Governor shall provide in | 26 | | writing to the Board: the job title and job duties of the |
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| 1 | | employment position; the name of the State employee currently | 2 | | in the employment position, if any; the name of the State | 3 | | agency employing the public employee; and the category under | 4 | | which the position qualifies for designation under this | 5 | | Section. | 6 | | To qualify for designation under this Section, the | 7 | | employment position must meet one or more of the following | 8 | | requirements: | 9 | | (1) it must authorize an employee in that position to | 10 | | act as a legislative liaison; | 11 | | (2) it must have a title of, or authorize a person who | 12 | | holds that position to exercise substantially similar | 13 | | duties as an, Agency General Counsel, Agency Chief of | 14 | | Staff, Agency Executive Director, Agency Deputy Director, | 15 | | Agency Chief Fiscal Officer, Agency Human Resources | 16 | | Director, Senior Public Service Administrator, Public | 17 | | Information Officer, or Chief Information Officer; | 18 | | (3) it must be a Rutan-exempt, as designated by the | 19 | | employer, position and completely exempt from jurisdiction | 20 | | B of the Personnel Code; | 21 | | (4) it must be a term appointed position pursuant to | 22 | | Section 8b.18 or 8b.19 of the Personnel Code; or | 23 | | (5) it must authorize an employee in that position to | 24 | | have significant and independent discretionary authority | 25 | | as an employee. | 26 | | Within 60 days after the Governor makes a designation under |
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| 1 | | this Section, the Board shall determine, in a manner that is | 2 | | consistent with the requirements of due process, whether the | 3 | | designation comports with the requirements of this Section. | 4 | | (c) For the purposes of this Section, a person has | 5 | | significant and independent discretionary authority as an | 6 | | employee if he or she (i) is engaged in executive and | 7 | | management functions of a State agency and charged with the | 8 | | effectuation of management policies and practices of a State | 9 | | agency or represents management interests by taking or | 10 | | recommending discretionary actions that effectively control or | 11 | | implement the policy of a State agency or (ii) qualifies as a | 12 | | supervisor of a State agency as that term is defined under | 13 | | Section 152 of the National Labor Relations Act or any orders | 14 | | of the National Labor Relations Board interpreting that | 15 | | provision or decisions of courts reviewing decisions of the | 16 | | National Labor Relations Board. | 17 | | (d) The Governor must exercise the authority afforded under | 18 | | this Section within 365 calendar days after the effective date | 19 | | of this amendatory Act of the 97th General Assembly. Any | 20 | | designation made by the Governor under this Section shall be | 21 | | presumed to have been properly made. | 22 | | If the Governor chooses not to designate a position under | 23 | | this Section, then that decision does not preclude a State | 24 | | agency from otherwise challenging the certification of that | 25 | | position under this Act. | 26 | | The qualifying categories set forth in paragraphs (1) |
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| 1 | | through (5) of subsection (b) of this Section are operative and | 2 | | function solely within this Section and do not expand or | 3 | | restrict the scope of any other provision contained in this | 4 | | Act.
| 5 | | (e) The provisions of this Section do not apply to any | 6 | | mental health administrator in the Department of Corrections | 7 | | who is classified as or who holds the position of Public | 8 | | Service Administrator (Option 8K), any attorney in the | 9 | | Department of Corrections who is classified as or who holds the | 10 | | position of Public Service Administrator (Option 8L), any | 11 | | nuclear safety staff attorney in the Illinois Emergency | 12 | | Management Agency, any Section Chief, Deputy Lab Director, | 13 | | Research and Development Coordinator, Quality Assurance | 14 | | Director, or Assistant Director of Training in the Department | 15 | | of State Police who is classified as or who holds the position | 16 | | of Senior Public Service Administrator (Option 7), any employee | 17 | | of the Office of the Inspector General in the Department of | 18 | | Human Services who is classified as or who holds the position | 19 | | of Public Service Administrator (Option 7), any Deputy of | 20 | | Intelligence in the Department of Corrections who is classified | 21 | | as or who holds the position of Public Service Administrator | 22 | | (Option 7), or any employee of the Department of State Police | 23 | | who handles issues concerning the State's sex offender registry | 24 | | and who is classified as or holds the position of Public | 25 | | Service Administrator (Option 7). | 26 | | (Source: 09700SB1556ham002.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law or on the effective date of Senate Bill 1556 of | 3 | | the 97th General Assembly, whichever is later.".
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