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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Labor Relations Act is | |||||||||||||||||||
5 | amended by changing Section 3 as follows: | |||||||||||||||||||
6 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | Sec. 3. Definitions. As used in this Act, unless the | |||||||||||||||||||
8 | context
otherwise requires:
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9 | (a) "Board" means the Illinois
Labor Relations Board or, | |||||||||||||||||||
10 | with respect to a matter over which the
jurisdiction of the | |||||||||||||||||||
11 | Board is assigned to the State Panel or the Local Panel
under | |||||||||||||||||||
12 | Section 5, the panel having jurisdiction over the matter.
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13 | (b) "Collective bargaining" means bargaining over terms | |||||||||||||||||||
14 | and conditions
of employment, including hours, wages, and other | |||||||||||||||||||
15 | conditions of employment,
as detailed in Section 7 and which | |||||||||||||||||||
16 | are not excluded by Section 4.
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17 | (c) "Confidential employee" means an employee who, in the | |||||||||||||||||||
18 | regular course
of his or her duties, assists and acts in a | |||||||||||||||||||
19 | confidential capacity to persons
who formulate, determine, and | |||||||||||||||||||
20 | effectuate management policies with regard
to labor relations | |||||||||||||||||||
21 | or who, in the regular course of his or her duties, has
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22 | authorized access to information relating to the effectuation
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23 | or review of the employer's collective bargaining policies.
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1 | (c-5) In addition to the provisions set forth in subsection | ||||||
2 | (c) of this Section, a secretary, assistant, or one of like | ||||||
3 | position to a person who formulates, determines, and | ||||||
4 | effectuates labor relations policy is presumed to be a | ||||||
5 | "confidential employee". The following is considered to be a | ||||||
6 | person who formulates, determines, and effectuates labor | ||||||
7 | relations policy under the Act: (i) the mayor, village | ||||||
8 | president, county board president, county board chairman, or | ||||||
9 | other chief executive officer of a unit of local government, | ||||||
10 | and (ii) any village or city manager or village or city | ||||||
11 | administrator, or anyone in a like position in any unit of | ||||||
12 | local government. | ||||||
13 | The provisions of this subsection (c-5) apply only to a | ||||||
14 | county with a population of more than 500,000 and | ||||||
15 | municipalities that lie in whole or in part within such a | ||||||
16 | county. Nothing in this subsection (c-5) shall affect the | ||||||
17 | employee status of individuals who were covered by a collective | ||||||
18 | bargaining agreement on the effective date of this amendatory | ||||||
19 | Act of the 99th General Assembly. | ||||||
20 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
21 | persons, and their
apprentices and helpers.
| ||||||
22 | (e) "Essential services employees" means those public | ||||||
23 | employees
performing functions so essential that the | ||||||
24 | interruption or termination of
the function will constitute a | ||||||
25 | clear and present danger to the health and
safety of the | ||||||
26 | persons in the affected community.
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1 | (f) "Exclusive representative", except with respect to | ||||||
2 | non-State fire
fighters and paramedics employed by fire | ||||||
3 | departments and fire protection
districts, non-State peace | ||||||
4 | officers, and peace officers in the
Department of State Police, | ||||||
5 | means the labor organization that has
been (i) designated by | ||||||
6 | the Board as the representative of a majority of public
| ||||||
7 | employees in an appropriate bargaining unit in accordance with | ||||||
8 | the procedures
contained in this Act, (ii) historically
| ||||||
9 | recognized by the State of Illinois or
any political | ||||||
10 | subdivision of the State before July 1, 1984
(the effective | ||||||
11 | date of this
Act) as the exclusive representative of the | ||||||
12 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
13 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
14 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
15 | organization has been designated as the exclusive | ||||||
16 | representative by a
majority of the employees in an appropriate | ||||||
17 | bargaining unit;
(iv) recognized as the exclusive | ||||||
18 | representative of personal
assistants under Executive Order | ||||||
19 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
20 | the 93rd General Assembly, and the organization shall be | ||||||
21 | considered to
be the
exclusive representative of the personal | ||||||
22 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
23 | exclusive representative of child and day care home providers, | ||||||
24 | including licensed and license exempt providers, pursuant to an | ||||||
25 | election held under Executive Order 2005-1 prior to the | ||||||
26 | effective date of this amendatory Act of the 94th General |
| |||||||
| |||||||
1 | Assembly, and the organization shall be considered to be the | ||||||
2 | exclusive representative of the child and day care home | ||||||
3 | providers as defined in this Section.
| ||||||
4 | With respect to non-State fire fighters and paramedics | ||||||
5 | employed by fire
departments and fire protection districts, | ||||||
6 | non-State peace officers, and
peace officers in the Department | ||||||
7 | of State Police,
"exclusive representative" means the labor | ||||||
8 | organization that has
been (i) designated by the Board as the | ||||||
9 | representative of a majority of peace
officers or fire fighters | ||||||
10 | in an appropriate bargaining unit in accordance
with the | ||||||
11 | procedures contained in this Act, (ii)
historically recognized
| ||||||
12 | by the State of Illinois or any political subdivision of the | ||||||
13 | State before
January 1, 1986 (the effective date of this | ||||||
14 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
15 | majority of the peace officers or fire fighters in an
| ||||||
16 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
17 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
18 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
19 | labor organization has been designated as the exclusive
| ||||||
20 | representative by a majority of the peace officers or fire | ||||||
21 | fighters in an
appropriate bargaining unit.
| ||||||
22 | Where a historical pattern of representation exists for the | ||||||
23 | workers of a water system that was owned by a public utility, | ||||||
24 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
25 | to becoming certified employees of a municipality or | ||||||
26 | municipalities once the municipality or municipalities have |
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| |||||||
1 | acquired the water system as authorized in Section 11-124-5 of | ||||||
2 | the Illinois Municipal Code, the Board shall find the labor | ||||||
3 | organization that has historically represented the workers to | ||||||
4 | be the exclusive representative under this Act, and shall find | ||||||
5 | the unit represented by the exclusive representative to be the | ||||||
6 | appropriate unit. | ||||||
7 | (g) "Fair share agreement" means an agreement between the | ||||||
8 | employer and
an employee organization under which all or any of | ||||||
9 | the employees in a
collective bargaining unit are required to | ||||||
10 | pay their proportionate share of
the costs of the collective | ||||||
11 | bargaining process, contract administration, and
pursuing | ||||||
12 | matters affecting wages, hours, and other conditions of | ||||||
13 | employment,
but not to exceed the amount of dues uniformly | ||||||
14 | required of members. The
amount certified by the exclusive | ||||||
15 | representative shall not include any fees
for contributions | ||||||
16 | related to the election or support of any candidate for
| ||||||
17 | political office. Nothing in this subsection (g) shall
preclude | ||||||
18 | an employee from making
voluntary political contributions in | ||||||
19 | conjunction with his or her fair share
payment.
| ||||||
20 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
21 | only, any
person who has been or is hereafter appointed to a | ||||||
22 | fire department or fire
protection district or employed by a | ||||||
23 | state university and sworn or
commissioned to perform fire | ||||||
24 | fighter duties or paramedic duties, except that the
following | ||||||
25 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
26 | reserve or voluntary fire fighters, including paid on-call fire
|
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| |||||||
1 | fighters, clerks and dispatchers or other civilian employees of | ||||||
2 | a fire
department or fire protection district who are not | ||||||
3 | routinely expected to
perform fire fighter duties, or elected | ||||||
4 | officials.
| ||||||
5 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
6 | legislative branch of the government of the State of Illinois, | ||||||
7 | as provided
for under Article IV of the Constitution of the | ||||||
8 | State of Illinois, and
includes but is not limited to the House | ||||||
9 | of Representatives, the Senate,
the Speaker of the House of | ||||||
10 | Representatives, the Minority Leader of the
House of | ||||||
11 | Representatives, the President of the Senate, the Minority | ||||||
12 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
13 | Support Services and any
legislative support services agency | ||||||
14 | listed in the Legislative Commission
Reorganization Act of | ||||||
15 | 1984.
| ||||||
16 | (h) "Governing body" means, in the case of the State, the | ||||||
17 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
18 | of the Department of Central
Management Services, and the | ||||||
19 | Director of the Department of Labor; the county
board in the | ||||||
20 | case of a county; the corporate authorities in the case of a
| ||||||
21 | municipality; and the appropriate body authorized to provide | ||||||
22 | for expenditures
of its funds in the case of any other unit of | ||||||
23 | government.
| ||||||
24 | (i) "Labor organization" means any organization in which | ||||||
25 | public employees
participate and that exists for the purpose, | ||||||
26 | in whole or in part, of dealing
with a public employer |
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| |||||||
1 | concerning wages, hours, and other terms and conditions
of | ||||||
2 | employment, including the settlement of grievances.
| ||||||
3 | (i-5) "Legislative liaison" means a person who is an | ||||||
4 | employee of a State agency, the Attorney General, the Secretary | ||||||
5 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
6 | be, and whose job duties require the person to regularly | ||||||
7 | communicate in the course of his or her employment with any | ||||||
8 | official or staff of the General Assembly of the State of | ||||||
9 | Illinois for the purpose of influencing any legislative action. | ||||||
10 | (j) "Managerial employee" means an individual who is | ||||||
11 | engaged
predominantly in executive and management functions | ||||||
12 | and is charged with the
responsibility of directing the | ||||||
13 | effectuation of management policies
and practices. With | ||||||
14 | respect only to State employees in positions under the | ||||||
15 | jurisdiction of the Attorney General, Secretary of State, | ||||||
16 | Comptroller, or Treasurer (i) that were certified in a | ||||||
17 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
18 | petition is filed with the Illinois Public Labor Relations | ||||||
19 | Board on or after April 5, 2013 (the effective date of Public | ||||||
20 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
21 | the Illinois Public Labor Relations Board on that date, | ||||||
22 | "managerial employee" means an individual who is engaged in | ||||||
23 | executive and management functions or who is charged with the | ||||||
24 | effectuation of management policies and practices or who | ||||||
25 | represents management interests by taking or recommending | ||||||
26 | discretionary actions that effectively control or implement |
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| |||||||
1 | policy. Nothing in this definition prohibits an individual from | ||||||
2 | also meeting the definition of "supervisor" under subsection | ||||||
3 | (r) of this Section.
| ||||||
4 | (k) "Peace officer" means, for the purposes of this Act | ||||||
5 | only, any
persons who have been or are hereafter appointed to a | ||||||
6 | police force,
department, or agency and sworn or commissioned | ||||||
7 | to perform police duties,
except that the following persons are | ||||||
8 | not
included: part-time police
officers, special police | ||||||
9 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
10 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
11 | police",
court security officers as defined by Section 3-6012.1 | ||||||
12 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
13 | wardens, civilian parking meter and
parking facilities | ||||||
14 | personnel or other individuals specially appointed to
aid or | ||||||
15 | direct traffic at or near schools or public functions or to aid | ||||||
16 | in
civil defense or disaster, parking enforcement employees who | ||||||
17 | are not
commissioned as peace officers and who are not armed | ||||||
18 | and who are not
routinely expected to effect arrests, parking | ||||||
19 | lot attendants, clerks and
dispatchers or other civilian | ||||||
20 | employees of a police department who are not
routinely expected | ||||||
21 | to effect arrests, or elected officials.
| ||||||
22 | (l) "Person" includes one or more individuals, labor | ||||||
23 | organizations, public
employees, associations, corporations, | ||||||
24 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
25 | receivers, or the State of Illinois or any political
| ||||||
26 | subdivision of the State or governing body, but does not |
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| |||||||
1 | include the General
Assembly of the State of Illinois or any | ||||||
2 | individual employed by the General
Assembly of the State of | ||||||
3 | Illinois.
| ||||||
4 | (m) "Professional employee" means any employee engaged in | ||||||
5 | work predominantly
intellectual and varied in character rather | ||||||
6 | than routine mental, manual,
mechanical or physical work; | ||||||
7 | involving the consistent exercise of discretion
and adjustment | ||||||
8 | in its performance; of such a character that the output | ||||||
9 | produced
or the result accomplished cannot be standardized in | ||||||
10 | relation to a given
period of time; and requiring advanced | ||||||
11 | knowledge in a field of science or
learning customarily | ||||||
12 | acquired by a prolonged course of specialized intellectual
| ||||||
13 | instruction and study in an institution of higher learning or a | ||||||
14 | hospital,
as distinguished from a general academic education or | ||||||
15 | from apprenticeship
or from training in the performance of | ||||||
16 | routine mental, manual, or physical
processes; or any employee | ||||||
17 | who has completed the courses of specialized
intellectual | ||||||
18 | instruction and study prescribed in this subsection (m) and is
| ||||||
19 | performing related
work under the supervision of a professional | ||||||
20 | person to qualify to become
a professional employee as defined | ||||||
21 | in this subsection (m).
| ||||||
22 | (n) "Public employee" or "employee", for the purposes of | ||||||
23 | this Act, means
any individual employed by a public employer, | ||||||
24 | including (i) interns and residents
at public hospitals, (ii) | ||||||
25 | as of the effective date of this amendatory Act of the 93rd | ||||||
26 | General
Assembly, but not
before, personal assistants working |
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| |||||||
1 | under the Home
Services
Program under Section 3 of the Disabled | ||||||
2 | Persons Rehabilitation Act, subject to
the
limitations set | ||||||
3 | forth in this Act and in the Disabled Persons Rehabilitation
| ||||||
4 | Act,
(iii) as of the effective date of this amendatory Act of | ||||||
5 | the 94th General Assembly, but not before, child and day care | ||||||
6 | home providers participating in the child care assistance | ||||||
7 | program under Section 9A-11 of the Illinois Public Aid Code, | ||||||
8 | subject to the limitations set forth in this Act and in Section | ||||||
9 | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | ||||||
10 | 2013 (the effective date of Public Act 97-1158), but not before | ||||||
11 | except as otherwise provided in this subsection (n), home care | ||||||
12 | and home health workers who function as personal assistants and | ||||||
13 | individual maintenance home health workers and who also work | ||||||
14 | under the Home Services Program under Section 3 of the Disabled | ||||||
15 | Persons Rehabilitation Act, no matter whether the State | ||||||
16 | provides those services through direct fee-for-service | ||||||
17 | arrangements, with the assistance of a managed care | ||||||
18 | organization or other intermediary, or otherwise, (v) | ||||||
19 | beginning on the effective date of this amendatory Act of the | ||||||
20 | 98th General Assembly and notwithstanding any other provision | ||||||
21 | of this Act, any person employed by a public employer and who | ||||||
22 | is classified as or who holds the employment title of Chief | ||||||
23 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
24 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
25 | Engineer, Plant Operating Engineer, and any other employee who | ||||||
26 | holds the position of: Civil Engineer V, Civil Engineer VI, |
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1 | Civil Engineer VII, Technical Manager I, Technical Manager II, | ||||||
2 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
3 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
4 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
5 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
6 | IV, or Technical Advisor V employed by the Department of | ||||||
7 | Transportation who is in a position which is certified in a | ||||||
8 | bargaining unit on or before the effective date of this | ||||||
9 | amendatory Act of the 98th General Assembly, and (vi) beginning | ||||||
10 | on the effective date of this amendatory Act of the 98th | ||||||
11 | General Assembly and notwithstanding any other provision of | ||||||
12 | this Act, any mental health administrator in the Department of | ||||||
13 | Corrections who is classified as or who holds the position of | ||||||
14 | Public Service Administrator (Option 8K), any employee of the | ||||||
15 | Office of the Inspector General in the Department of Human | ||||||
16 | Services who is classified as or who holds the position of | ||||||
17 | Public Service Administrator (Option 7), any Deputy of | ||||||
18 | Intelligence in the Department of Corrections who is classified | ||||||
19 | as or who holds the position of Public Service Administrator | ||||||
20 | (Option 7), and any employee of the Department of State Police | ||||||
21 | who handles issues concerning the Illinois State Police Sex | ||||||
22 | Offender Registry and who is classified as or holds the | ||||||
23 | position of Public Service Administrator (Option 7), but | ||||||
24 | excluding all of the following: employees of the
General | ||||||
25 | Assembly of the State of Illinois; elected officials; executive
| ||||||
26 | heads of a department; members of boards or commissions; the |
| |||||||
| |||||||
1 | Executive
Inspectors General; any special Executive Inspectors | ||||||
2 | General; employees of each
Office of an Executive Inspector | ||||||
3 | General;
commissioners and employees of the Executive Ethics | ||||||
4 | Commission; the Auditor
General's Inspector General; employees | ||||||
5 | of the Office of the Auditor General's
Inspector General; the | ||||||
6 | Legislative Inspector General; any special Legislative
| ||||||
7 | Inspectors General; employees of the Office
of the Legislative | ||||||
8 | Inspector General;
commissioners and employees of the | ||||||
9 | Legislative Ethics Commission;
employees
of any
agency, board | ||||||
10 | or commission created by this Act; employees appointed to
State | ||||||
11 | positions of a temporary or emergency nature; all employees of | ||||||
12 | school
districts and higher education institutions except | ||||||
13 | firefighters and peace
officers employed
by a state university | ||||||
14 | and except peace officers employed by a school district in its | ||||||
15 | own police department in existence on the effective date of | ||||||
16 | this amendatory Act of the 96th General Assembly; managerial | ||||||
17 | employees; short-term employees; legislative liaisons; a | ||||||
18 | person who is a State employee under the jurisdiction of the | ||||||
19 | Office of the Attorney General who is licensed to practice law | ||||||
20 | or whose position authorizes, either directly or indirectly, | ||||||
21 | meaningful input into government decision-making on issues | ||||||
22 | where there is room for principled disagreement on goals or | ||||||
23 | their implementation; a person who is a State employee under | ||||||
24 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
25 | position of Public Service Administrator or whose position is | ||||||
26 | otherwise exempt under the Comptroller Merit Employment Code; a |
| |||||||
| |||||||
1 | person who is a State employee under the jurisdiction of the | ||||||
2 | Secretary of State who holds the position classification of | ||||||
3 | Executive I or higher, whose position authorizes, either | ||||||
4 | directly or indirectly, meaningful input into government | ||||||
5 | decision-making on issues where there is room for principled | ||||||
6 | disagreement on goals or their implementation, or who is | ||||||
7 | otherwise exempt under the Secretary of State Merit Employment | ||||||
8 | Code; employees in the Office of the Secretary of State who are | ||||||
9 | completely exempt from jurisdiction B of the Secretary of State | ||||||
10 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
11 | or after April 5, 2013 (the effective date of Public Act | ||||||
12 | 97-1172); a person who is a State employee under the | ||||||
13 | jurisdiction of the Treasurer who holds a position that is | ||||||
14 | exempt from the State Treasurer Employment Code; any employee | ||||||
15 | of a State agency who (i) holds the title or position of, or | ||||||
16 | exercises substantially similar duties as a legislative | ||||||
17 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
18 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
19 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
20 | Information Officer, or Chief Information Officer and (ii) was | ||||||
21 | neither included in a bargaining unit nor subject to an active | ||||||
22 | petition for certification in a bargaining unit; any employee | ||||||
23 | of a State agency who (i) is in a position that is | ||||||
24 | Rutan-exempt, as designated by the employer, and completely | ||||||
25 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
26 | neither included in a bargaining unit nor subject to an active |
| |||||||
| |||||||
1 | petition for certification in a bargaining unit; any term | ||||||
2 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
3 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
4 | bargaining unit nor subject to an active petition for | ||||||
5 | certification in a bargaining unit; any employment position | ||||||
6 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
7 | confidential employees; independent contractors; and | ||||||
8 | supervisors except as
provided in this Act.
| ||||||
9 | Home care
and home health workers who function as personal | ||||||
10 | assistants and individual maintenance home health workers and | ||||||
11 | who also work under the Home Services Program under Section 3 | ||||||
12 | of the Disabled Persons Rehabilitation Act shall not be | ||||||
13 | considered
public
employees for any purposes not specifically | ||||||
14 | provided for in Public Act 93-204 or Public Act 97-1158, | ||||||
15 | including but not limited to, purposes of vicarious
liability | ||||||
16 | in tort
and purposes of statutory retirement or health | ||||||
17 | insurance benefits. Home care and home health workers who | ||||||
18 | function as personal assistants and individual maintenance | ||||||
19 | home health workers and who also work under the Home Services | ||||||
20 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
21 | Act shall not be covered by the State Employees
Group
Insurance | ||||||
22 | Act of 1971 (5 ILCS 375/).
| ||||||
23 | Child and day care home providers shall not be considered | ||||||
24 | public employees for any purposes not specifically provided for | ||||||
25 | in this amendatory Act of the 94th General Assembly, including | ||||||
26 | but not limited to, purposes of vicarious liability in tort and |
| |||||||
| |||||||
1 | purposes of statutory retirement or health insurance benefits. | ||||||
2 | Child and day care home providers shall not be covered by the | ||||||
3 | State Employees Group Insurance Act of 1971. | ||||||
4 | Notwithstanding Section 9, subsection (c), or any other | ||||||
5 | provisions of
this Act, all peace officers above the rank of | ||||||
6 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
7 | shall be excluded
from this Act.
| ||||||
8 | (o) Except as otherwise in subsection (o-5), "public | ||||||
9 | employer" or "employer" means the State of Illinois; any
| ||||||
10 | political subdivision of the State, unit of local government or | ||||||
11 | school
district; authorities including departments, divisions, | ||||||
12 | bureaus, boards,
commissions, or other agencies of the | ||||||
13 | foregoing entities; and any person
acting within the scope of | ||||||
14 | his or her authority, express or implied, on
behalf of those | ||||||
15 | entities in dealing with its employees.
As of the effective | ||||||
16 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
17 | not
before, the State of Illinois shall be considered the | ||||||
18 | employer of the personal assistants working under the Home | ||||||
19 | Services Program
under
Section 3 of the Disabled Persons | ||||||
20 | Rehabilitation Act, subject to the
limitations set forth
in | ||||||
21 | this Act and in the Disabled Persons Rehabilitation Act. As of | ||||||
22 | January 29, 2013 (the effective date of Public Act 97-1158), | ||||||
23 | but not before except as otherwise provided in this subsection | ||||||
24 | (o), the State shall be considered the employer of home care | ||||||
25 | and home health workers who function as personal assistants and | ||||||
26 | individual maintenance home health workers and who also work |
| |||||||
| |||||||
1 | under the Home Services Program under Section 3 of the Disabled | ||||||
2 | Persons Rehabilitation Act, no matter whether the State | ||||||
3 | provides those services through direct fee-for-service | ||||||
4 | arrangements, with the assistance of a managed care | ||||||
5 | organization or other intermediary, or otherwise, but subject | ||||||
6 | to the limitations set forth in this Act and the Disabled | ||||||
7 | Persons Rehabilitation Act. The State shall not
be
considered | ||||||
8 | to be the employer of home care and home health workers who | ||||||
9 | function as personal
assistants and individual maintenance | ||||||
10 | home health workers and who also work under the Home Services | ||||||
11 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
12 | Act, for any
purposes not specifically provided for in Public | ||||||
13 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
14 | purposes of vicarious liability in tort
and
purposes of | ||||||
15 | statutory retirement or health insurance benefits. Home care | ||||||
16 | and home health workers who function as
personal assistants and | ||||||
17 | individual maintenance home health workers and who also work | ||||||
18 | under the Home Services Program under Section 3 of the Disabled | ||||||
19 | Persons Rehabilitation Act shall not be covered by the State | ||||||
20 | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | ||||||
21 | effective date of this amendatory Act of the 94th General | ||||||
22 | Assembly but not before, the State of Illinois shall be | ||||||
23 | considered the employer of the day and child care home | ||||||
24 | providers participating in the child care assistance program | ||||||
25 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
26 | the limitations set forth in this Act and in Section 9A-11 of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code. The State shall not be considered | ||||||
2 | to be the employer of child and day care home providers for any | ||||||
3 | purposes not specifically provided for in this amendatory Act | ||||||
4 | of the 94th General Assembly, including but not limited to, | ||||||
5 | purposes of vicarious liability in tort and purposes of | ||||||
6 | statutory retirement or health insurance benefits. Child and | ||||||
7 | day care home providers shall not be covered by the State | ||||||
8 | Employees Group Insurance Act of 1971. | ||||||
9 | "Public employer" or
"employer" as used in this Act, | ||||||
10 | however, does not
mean and shall not include the General | ||||||
11 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
12 | Commission, the Offices of the Executive Inspectors
General, | ||||||
13 | the Legislative Ethics Commission, the Office of the | ||||||
14 | Legislative
Inspector General, the Office of the Auditor | ||||||
15 | General's Inspector General, the Office of the Governor, the | ||||||
16 | Governor's Office of Management and Budget, the Illinois | ||||||
17 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
18 | State Board of Elections, and educational employers or | ||||||
19 | employers as defined in the Illinois
Educational Labor | ||||||
20 | Relations Act, except with respect to a state university in
its | ||||||
21 | employment of firefighters and peace officers and except with | ||||||
22 | respect to a school district in the employment of peace | ||||||
23 | officers in its own police department in existence on the | ||||||
24 | effective date of this amendatory Act of the 96th General | ||||||
25 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
26 | as joint or co-employers of county peace officers appointed
|
| |||||||
| |||||||
1 | under the authority of a county sheriff. Nothing in this | ||||||
2 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
3 | the Local Panel
from determining that employers are joint or | ||||||
4 | co-employers.
| ||||||
5 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
6 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
7 | other conditions of
employment, the public employer of public | ||||||
8 | employees who are court reporters, as
defined in the Court | ||||||
9 | Reporters Act, shall be determined as
follows:
| ||||||
10 | (1) For court reporters employed by the Cook County | ||||||
11 | Judicial
Circuit, the chief judge of the Cook County | ||||||
12 | Circuit
Court is the public employer and employer | ||||||
13 | representative.
| ||||||
14 | (2) For court reporters employed by the 12th, 18th, | ||||||
15 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
16 | circuits, a group consisting of the chief judges of those | ||||||
17 | circuits, acting
jointly by majority vote, is the public | ||||||
18 | employer and employer representative.
| ||||||
19 | (3) For court reporters employed by all other judicial | ||||||
20 | circuits,
a group consisting of the chief judges of those | ||||||
21 | circuits, acting jointly by
majority vote, is the public | ||||||
22 | employer and employer representative.
| ||||||
23 | (p) "Security employee" means an employee who is | ||||||
24 | responsible for the
supervision and control of inmates at | ||||||
25 | correctional facilities. The term
also includes other | ||||||
26 | non-security employees in bargaining units having the
majority |
| |||||||
| |||||||
1 | of employees being responsible for the supervision and control | ||||||
2 | of
inmates at correctional facilities.
| ||||||
3 | (q) "Short-term employee" means an employee who is employed | ||||||
4 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
5 | year and who does
not have a reasonable assurance that he or | ||||||
6 | she will be rehired by the
same employer for the same service | ||||||
7 | in a subsequent calendar year.
| ||||||
8 | (q-5) "State agency" means an agency directly responsible | ||||||
9 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
10 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
11 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
12 | Civil Service Commission, the Pollution Control Board, the | ||||||
13 | Illinois Racing Board, and the Department of State Police Merit | ||||||
14 | Board. | ||||||
15 | (r) "Supervisor" is: | ||||||
16 | (1) An employee whose principal work is substantially
| ||||||
17 | different from that of his or her subordinates and who has | ||||||
18 | authority, in the
interest of the employer, to hire, | ||||||
19 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
20 | direct, reward, or discipline employees, to adjust
their | ||||||
21 | grievances, or to effectively recommend any of those | ||||||
22 | actions, if the
exercise
of that authority is not of a | ||||||
23 | merely routine or clerical nature, but
requires the | ||||||
24 | consistent use of independent judgment. Except with | ||||||
25 | respect to
police employment, the term "supervisor" | ||||||
26 | includes only those individuals
who devote a preponderance |
| |||||||
| |||||||
1 | of their employment time to exercising that
authority, | ||||||
2 | State supervisors notwithstanding. Nothing in this | ||||||
3 | definition prohibits an individual from also meeting the | ||||||
4 | definition of "managerial employee" under subsection (j) | ||||||
5 | of this Section. In addition, in determining
supervisory | ||||||
6 | status in police employment, rank shall not be | ||||||
7 | determinative.
The Board shall consider, as evidence of | ||||||
8 | bargaining unit inclusion or
exclusion, the common law | ||||||
9 | enforcement policies and relationships between
police | ||||||
10 | officer ranks and certification under applicable civil | ||||||
11 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
12 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
13 | factors shall not
be the sole or predominant factors | ||||||
14 | considered by the Board in determining
police supervisory | ||||||
15 | status.
| ||||||
16 | Notwithstanding the provisions of the preceding | ||||||
17 | paragraph, in determining
supervisory status in fire | ||||||
18 | fighter employment, no fire fighter shall be
excluded as a | ||||||
19 | supervisor who has established representation rights under
| ||||||
20 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
21 | employees shall
consist of fire fighters of the rank of | ||||||
22 | company officer and below. If a company officer otherwise | ||||||
23 | qualifies as a supervisor under the preceding paragraph, | ||||||
24 | however, he or she shall
not be included in the fire | ||||||
25 | fighter
unit. If there is no rank between that of chief and | ||||||
26 | the
highest company officer, the employer may designate a |
| |||||||
| |||||||
1 | position on each
shift as a Shift Commander, and the | ||||||
2 | persons occupying those positions shall
be supervisors. | ||||||
3 | All other ranks above that of company officer shall be
| ||||||
4 | supervisors.
| ||||||
5 | (2) With respect only to State employees in positions | ||||||
6 | under the jurisdiction of the Attorney General, Secretary | ||||||
7 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
8 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
9 | which a petition is filed with the Illinois Public Labor | ||||||
10 | Relations Board on or after April 5, 2013 (the effective | ||||||
11 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
12 | is pending before the Illinois Public Labor Relations Board | ||||||
13 | on that date, an employee who qualifies as a supervisor | ||||||
14 | under (A) Section 152 of the National Labor Relations Act | ||||||
15 | and (B) orders of the National Labor Relations Board | ||||||
16 | interpreting that provision or decisions of courts | ||||||
17 | reviewing decisions of the National Labor Relations Board. | ||||||
18 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
19 | held by
employees whose collective interests may suitably be | ||||||
20 | represented by a labor
organization for collective bargaining. | ||||||
21 | Except 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, a bargaining unit determined by the Board | ||||||
25 | shall not include both
employees and supervisors, or | ||||||
26 | supervisors only, except as provided in paragraph
(2) of this |
| |||||||
| |||||||
1 | subsection (s) and except for bargaining units in existence on | ||||||
2 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
3 | non-State fire
fighters and paramedics employed by fire | ||||||
4 | departments and fire protection
districts, non-State peace | ||||||
5 | officers, and peace officers in the Department of
State Police, | ||||||
6 | a bargaining unit determined by the Board shall not include | ||||||
7 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
8 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
9 | except for bargaining units in
existence on January 1, 1986 | ||||||
10 | (the effective date of this amendatory Act of
1985). A | ||||||
11 | bargaining unit determined by the Board to contain peace | ||||||
12 | officers
shall contain no employees other than peace officers | ||||||
13 | unless otherwise agreed to
by the employer and the labor | ||||||
14 | organization or labor organizations involved.
Notwithstanding | ||||||
15 | any other provision of this Act, a bargaining unit, including a
| ||||||
16 | historical bargaining unit, containing sworn peace officers of | ||||||
17 | the Department
of Natural Resources (formerly designated the | ||||||
18 | Department of Conservation) shall
contain no employees other | ||||||
19 | than such sworn peace officers upon the effective
date of this | ||||||
20 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
21 | collective bargaining agreement in effect upon the effective | ||||||
22 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
23 | peace officers and other
employees.
| ||||||
24 | (2) Notwithstanding the exclusion of supervisors from | ||||||
25 | bargaining units
as provided in paragraph (1) of this | ||||||
26 | subsection (s), a public
employer may agree to permit its |
| |||||||
| |||||||
1 | supervisory employees to form bargaining units
and may bargain | ||||||
2 | with those units. This Act shall apply if the public employer
| ||||||
3 | chooses to bargain under this subsection.
| ||||||
4 | (3) Public employees who are court reporters, as defined
in | ||||||
5 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
6 | collective bargaining purposes. One unit
shall be court | ||||||
7 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
8 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
9 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
10 | and one unit shall be court reporters employed by all other
| ||||||
11 | judicial circuits.
| ||||||
12 | (t) "Active petition for certification in a bargaining | ||||||
13 | unit" means a petition for certification filed with the Board | ||||||
14 | under one of the following case numbers: S-RC-11-110; | ||||||
15 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
16 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
17 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
18 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
19 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
20 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
21 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
22 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
23 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
24 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
25 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
26 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
| |||||||
| |||||||
1 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
2 | S-RC-07-100. | ||||||
3 | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | ||||||
4 | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | ||||||
5 | 8-18-14.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
|