Full Text of SB0981 99th General Assembly
SB0981sam002 99TH GENERAL ASSEMBLY | Sen. Karen McConnaughay Filed: 5/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 981
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 981 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 3 and 15 and by adding Section 29 | 6 | | as follows: | 7 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 8 | | Sec. 3. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | (a) "Board" means the Illinois
Labor Relations Board or, | 11 | | with respect to a matter over which the
jurisdiction of the | 12 | | Board is assigned to the State Panel or the Local Panel
under | 13 | | Section 5, the panel having jurisdiction over the matter.
| 14 | | (b) "Collective bargaining" means bargaining over terms | 15 | | and conditions
of employment, including hours, wages, and other | 16 | | conditions of employment,
as detailed in Section 7 and which |
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| 1 | | are not excluded by Section 4.
| 2 | | (c) "Confidential employee" means an employee , other than a | 3 | | managerial employee, who, in the regular course
of his or her | 4 | | duties, assists and acts in a confidential capacity to (i) | 5 | | persons
who formulate, determine, and effectuate management | 6 | | policies with regard
to labor relations or who, in the regular | 7 | | course of his or her duties, has
authorized access to | 8 | | information relating to the effectuation
or review of the | 9 | | employer's collective bargaining policies , or (ii) a person in | 10 | | a Rutan-exempt position .
| 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
assistants under Executive Order | 10 | | 2003-8 prior to the effective date of this
amendatory
Act of | 11 | | the 93rd General Assembly, and the organization shall be | 12 | | considered to
be the
exclusive representative of the 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 | | Where a historical pattern of representation exists for the | 14 | | workers of a water system that was owned by a public utility, | 15 | | as defined in Section 3-105 of the Public Utilities Act, prior | 16 | | to becoming certified employees of a municipality or | 17 | | municipalities once the municipality or municipalities have | 18 | | acquired the water system as authorized in Section 11-124-5 of | 19 | | the Illinois Municipal Code, the Board shall find the labor | 20 | | organization that has historically represented the workers to | 21 | | be the exclusive representative under this Act, and shall find | 22 | | the unit represented by the exclusive representative to be the | 23 | | appropriate unit. | 24 | | (g) "Fair share agreement" means an agreement between the | 25 | | employer and
an employee organization under which all or any of | 26 | | the employees in a
collective bargaining unit are required to |
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| 1 | | pay their proportionate share of
the costs of the collective | 2 | | bargaining process, contract administration, and
pursuing | 3 | | matters affecting wages, hours, and other conditions of | 4 | | employment,
but not to exceed the amount of dues uniformly | 5 | | required of members. The
amount certified by the exclusive | 6 | | representative shall not include any fees
for contributions | 7 | | related to the election or support of any candidate for
| 8 | | political office. Nothing in this subsection (g) shall
preclude | 9 | | an employee from making
voluntary political contributions in | 10 | | conjunction with his or her fair share
payment.
| 11 | | (g-1) "Fire fighter" means, for the purposes of this Act | 12 | | only, any
person who has been or is hereafter appointed to a | 13 | | fire department or fire
protection district or employed by a | 14 | | state university and sworn or
commissioned to perform fire | 15 | | fighter duties or paramedic duties, except that the
following | 16 | | persons are not included: part-time fire fighters,
auxiliary, | 17 | | reserve or voluntary fire fighters, including paid on-call fire
| 18 | | fighters, clerks and dispatchers or other civilian employees of | 19 | | a fire
department or fire protection district who are not | 20 | | routinely expected to
perform fire fighter duties, or elected | 21 | | officials.
| 22 | | (g-2) "General Assembly of the State of Illinois" means the
| 23 | | legislative branch of the government of the State of Illinois, | 24 | | as provided
for under Article IV of the Constitution of the | 25 | | State of Illinois, and
includes but is not limited to the House | 26 | | of Representatives, the Senate,
the Speaker of the House of |
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| 1 | | Representatives, the Minority Leader of the
House of | 2 | | Representatives, the President of the Senate, the Minority | 3 | | Leader
of the Senate, the Joint Committee on Legislative | 4 | | Support Services and any
legislative support services agency | 5 | | listed in the Legislative Commission
Reorganization Act of | 6 | | 1984.
| 7 | | (h) "Governing body" means, in the case of the State, the | 8 | | State Panel of
the Illinois Labor Relations Board, the Director | 9 | | of the Department of Central
Management Services, and the | 10 | | Director of the Department of Labor; the county
board in the | 11 | | case of a county; the corporate authorities in the case of a
| 12 | | municipality; and the appropriate body authorized to provide | 13 | | for expenditures
of its funds in the case of any other unit of | 14 | | government.
| 15 | | (i) "Labor organization" means any organization in which | 16 | | public employees
participate and that exists for the purpose, | 17 | | in whole or in part, of dealing
with a public employer | 18 | | concerning wages, hours, and other terms and conditions
of | 19 | | employment, including the settlement of grievances.
| 20 | | (i-5) "Legislative liaison" means a person who is an | 21 | | employee of a State agency, the Attorney General, the Secretary | 22 | | of State, the Comptroller, or the Treasurer, as the case may | 23 | | be, and whose job duties require the person to regularly | 24 | | communicate in the course of his or her employment with any | 25 | | official or staff of the General Assembly of the State of | 26 | | Illinois for the purpose of influencing any legislative action. |
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| 1 | | (j) "Managerial employee" means an individual who is | 2 | | engaged
predominantly in executive and management functions | 3 | | and is charged with the
responsibility of directing the | 4 | | effectuation of management policies
and practices. With | 5 | | respect only to State employees in positions under the | 6 | | jurisdiction of the Attorney General, Secretary of State, | 7 | | Comptroller, or Treasurer (i) that were certified in a | 8 | | bargaining unit on or after December 2, 2008, (ii) for which a | 9 | | petition is filed with the Illinois Public Labor Relations | 10 | | Board on or after April 5, 2013 (the effective date of Public | 11 | | Act 97-1172), or (iii) for which a petition is pending before | 12 | | the Illinois Public Labor Relations Board on that date, | 13 | | "managerial employee" means an individual who is engaged in | 14 | | executive and management functions or who is charged with the | 15 | | effectuation of management policies and practices or who | 16 | | represents management interests by taking or recommending | 17 | | discretionary actions that effectively control or implement | 18 | | policy. Nothing in this definition prohibits an individual from | 19 | | also meeting the definition of "supervisor" under subsection | 20 | | (r) of this Section.
| 21 | | (k) "Peace officer" means, for the purposes of this Act | 22 | | only, any
persons who have been or are hereafter appointed to a | 23 | | police force,
department, or agency and sworn or commissioned | 24 | | to perform police duties,
except that the following persons are | 25 | | not
included: part-time police
officers, special police | 26 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
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| 1 | | the Illinois Municipal Code, night watchmen, "merchant | 2 | | police",
court security officers as defined by Section 3-6012.1 | 3 | | of the Counties
Code,
temporary employees, traffic guards or | 4 | | wardens, civilian parking meter and
parking facilities | 5 | | personnel or other individuals specially appointed to
aid or | 6 | | direct traffic at or near schools or public functions or to aid | 7 | | in
civil defense or disaster, parking enforcement employees who | 8 | | are not
commissioned as peace officers and who are not armed | 9 | | and who are not
routinely expected to effect arrests, parking | 10 | | lot attendants, clerks and
dispatchers or other civilian | 11 | | employees of a police department who are not
routinely expected | 12 | | to effect arrests, or elected officials.
| 13 | | (l) "Person" includes one or more individuals, labor | 14 | | organizations, public
employees, associations, corporations, | 15 | | legal representatives, trustees,
trustees in bankruptcy, | 16 | | receivers, or the State of Illinois or any political
| 17 | | subdivision of the State or governing body, but does not | 18 | | include the General
Assembly of the State of Illinois or any | 19 | | individual employed by the General
Assembly of the State of | 20 | | Illinois.
| 21 | | (m) "Professional employee" means any employee engaged in | 22 | | work predominantly
intellectual and varied in character rather | 23 | | than routine mental, manual,
mechanical or physical work; | 24 | | involving the consistent exercise of discretion
and adjustment | 25 | | in its performance; of such a character that the output | 26 | | produced
or the result accomplished cannot be standardized in |
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| 1 | | relation to a given
period of time; and requiring advanced | 2 | | knowledge in a field of science or
learning customarily | 3 | | acquired by a prolonged course of specialized intellectual
| 4 | | instruction and study in an institution of higher learning or a | 5 | | hospital,
as distinguished from a general academic education or | 6 | | from apprenticeship
or from training in the performance of | 7 | | routine mental, manual, or physical
processes; or any employee | 8 | | who has completed the courses of specialized
intellectual | 9 | | instruction and study prescribed in this subsection (m) and is
| 10 | | performing related
work under the supervision of a professional | 11 | | person to qualify to become
a professional employee as defined | 12 | | in this subsection (m).
| 13 | | (n) "Public employee" or "employee", for the purposes of | 14 | | this Act, means
any individual employed by a public employer, | 15 | | including (i) interns and residents
at public hospitals, (ii) | 16 | | as of the effective date of this amendatory Act of the 93rd | 17 | | General
Assembly, but not
before, personal assistants working | 18 | | under the Home
Services
Program under Section 3 of the Disabled | 19 | | Persons Rehabilitation Act, subject to
the
limitations set | 20 | | forth in this Act and in the Disabled Persons Rehabilitation
| 21 | | Act,
(iii) as of the effective date of this amendatory Act of | 22 | | the 94th General Assembly, but not before, child and day care | 23 | | home providers participating in the child care assistance | 24 | | program under Section 9A-11 of the Illinois Public Aid Code, | 25 | | subject to the limitations set forth in this Act and in Section | 26 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, |
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| 1 | | 2013 (the effective date of Public Act 97-1158), but not before | 2 | | except as otherwise provided in this subsection (n), home care | 3 | | and home health workers who function as personal assistants and | 4 | | individual maintenance home health workers and who also work | 5 | | under the Home Services Program under Section 3 of the Disabled | 6 | | Persons Rehabilitation Act, no matter whether the State | 7 | | provides those services through direct fee-for-service | 8 | | arrangements, with the assistance of a managed care | 9 | | organization or other intermediary, or otherwise, (v) | 10 | | beginning on the effective date of this amendatory Act of the | 11 | | 98th General Assembly and notwithstanding any other provision | 12 | | of this Act, any person employed by a public employer and who | 13 | | is classified as or who holds the employment title of Chief | 14 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 15 | | Sewage Plant Operator, Water Plant Operator, Stationary | 16 | | Engineer, Plant Operating Engineer, and any other employee who | 17 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 18 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 19 | | Technical Manager III, Technical Manager IV, Technical Manager | 20 | | V, Technical Manager VI, Realty Specialist III, Realty | 21 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 22 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 23 | | IV, or Technical Advisor V employed by the Department of | 24 | | Transportation who is in a position which is certified in a | 25 | | bargaining unit on or before the effective date of this | 26 | | amendatory Act of the 98th General Assembly, and (vi) beginning |
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| 1 | | on the effective date of this amendatory Act of the 98th | 2 | | General Assembly and notwithstanding any other provision of | 3 | | this Act, any mental health administrator in the Department of | 4 | | Corrections who is classified as or who holds the position of | 5 | | Public Service Administrator (Option 8K), any employee of the | 6 | | Office of the Inspector General in the Department of Human | 7 | | Services who is classified as or who holds the position of | 8 | | Public Service Administrator (Option 7), any Deputy of | 9 | | Intelligence in the Department of Corrections who is classified | 10 | | as or who holds the position of Public Service Administrator | 11 | | (Option 7), and any employee of the Department of State Police | 12 | | who handles issues concerning the Illinois State Police Sex | 13 | | Offender Registry and who is classified as or holds the | 14 | | position of Public Service Administrator (Option 7), but | 15 | | excluding all of the following: employees of the
General | 16 | | Assembly of the State of Illinois; elected officials; executive
| 17 | | heads of a department; members of boards or commissions; the | 18 | | Executive
Inspectors General; any special Executive Inspectors | 19 | | General; employees of each
Office of an Executive Inspector | 20 | | General;
commissioners and employees of the Executive Ethics | 21 | | Commission; the Auditor
General's Inspector General; employees | 22 | | of the Office of the Auditor General's
Inspector General; the | 23 | | Legislative Inspector General; any special Legislative
| 24 | | Inspectors General; employees of the Office
of the Legislative | 25 | | Inspector General;
commissioners and employees of the | 26 | | Legislative Ethics Commission;
employees
of any
agency, board |
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| 1 | | or commission created by this Act; employees appointed to
State | 2 | | positions of a temporary or emergency nature; all employees of | 3 | | school
districts and higher education institutions except | 4 | | firefighters and peace
officers employed
by a state university | 5 | | and except peace officers employed by a school district in its | 6 | | own police department in existence on the effective date of | 7 | | this amendatory Act of the 96th General Assembly; managerial | 8 | | employees; short-term employees; legislative liaisons; a | 9 | | person who is a State employee under the jurisdiction of the | 10 | | Office of the Attorney General or the Office of the Governor | 11 | | and who is licensed to practice law or whose position | 12 | | authorizes, either directly or indirectly, meaningful input | 13 | | into government decision-making on issues where there is room | 14 | | for principled disagreement on goals or their implementation; a | 15 | | person who is a State employee under the jurisdiction of the | 16 | | Office of the Comptroller who holds the position of Public | 17 | | Service Administrator or whose position is otherwise exempt | 18 | | under the Comptroller Merit Employment Code; a person who is a | 19 | | State employee under the jurisdiction of the Secretary of State | 20 | | who holds the position classification of Executive I or higher, | 21 | | whose position authorizes, either directly or indirectly, | 22 | | meaningful input into government decision-making on issues | 23 | | where there is room for principled disagreement on goals or | 24 | | their implementation, or who is otherwise exempt under the | 25 | | Secretary of State Merit Employment Code; employees in the | 26 | | Office of the Secretary of State who are completely exempt from |
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| 1 | | jurisdiction B of the Secretary of State Merit Employment Code | 2 | | and who are in Rutan-exempt positions on or after April 5, 2013 | 3 | | (the effective date of Public Act 97-1172); a person who is a | 4 | | State employee under the jurisdiction of the Treasurer who | 5 | | holds a position that is exempt from the State Treasurer | 6 | | Employment Code; any employee of a State agency who (i) holds | 7 | | the title or position of, or exercises substantially similar | 8 | | duties as a legislative liaison, Agency General Counsel, Agency | 9 | | Chief of Staff, Agency Executive Director, Agency Deputy | 10 | | Director, Agency Chief Fiscal Officer, Agency Human Resources | 11 | | Director, Public Information Officer, or Chief Information | 12 | | Officer and (ii) was neither included in a bargaining unit nor | 13 | | subject to an active petition for certification in a bargaining | 14 | | unit; any employee of a State agency who (i) is in a position | 15 | | that is Rutan-exempt, as designated by the employer ; any | 16 | | employee of a State agency who is engaged in whole or in part, | 17 | | other than in only a clerical capacity, in labor relations | 18 | | functions (including, but not limited to, employee discipline, | 19 | | grievance resolution, or creation or implementation of labor or | 20 | | employment policy) or in determination of whether a position is | 21 | | Rutan-exempt or Rutan-covered; any employee of a State agency | 22 | | who has the authority to hire State employees; any employee of | 23 | | a State agency who is an internal auditor under the Fiscal | 24 | | Control and Internal Auditing Act or is in the Office of | 25 | | Inspector General of the State agency , and completely exempt | 26 | | from jurisdiction B of the Personnel Code and (ii) was neither |
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| 1 | | included in a bargaining unit nor subject to an active petition | 2 | | for certification in a bargaining unit ; any term appointed | 3 | | employee of a State agency pursuant to Section 8b.18 or 8b.19 | 4 | | of the Personnel Code who was neither included in a bargaining | 5 | | unit nor subject to an active petition for certification in a | 6 | | bargaining unit; any employment position properly designated | 7 | | pursuant to Section 6.1 of this Act;
confidential employees; | 8 | | independent contractors; and supervisors except as
provided in | 9 | | this Act.
| 10 | | Home care
and home health workers who function as personal | 11 | | assistants and individual maintenance home health workers and | 12 | | who also work under the Home Services Program under Section 3 | 13 | | of the Disabled Persons Rehabilitation Act shall not be | 14 | | considered
public
employees for any purposes not specifically | 15 | | provided for in Public Act 93-204 or Public Act 97-1158, | 16 | | including but not limited to, purposes of vicarious
liability | 17 | | in tort
and purposes of statutory retirement or health | 18 | | insurance benefits. Home care and home health workers who | 19 | | function as personal assistants and individual maintenance | 20 | | home health workers and who also work under the Home Services | 21 | | Program under Section 3 of the Disabled Persons Rehabilitation | 22 | | Act shall not be covered by the State Employees
Group
Insurance | 23 | | Act of 1971 (5 ILCS 375/).
| 24 | | Child and day care home providers shall not be considered | 25 | | public employees for any purposes not specifically provided for | 26 | | in this amendatory Act of the 94th General Assembly, including |
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| 1 | | but not limited to, purposes of vicarious liability in tort and | 2 | | purposes of statutory retirement or health insurance benefits. | 3 | | Child and day care home providers shall not be covered by the | 4 | | State Employees Group Insurance Act of 1971. | 5 | | Notwithstanding Section 9, subsection (c), or any other | 6 | | provisions of
this Act, all peace officers above the rank of | 7 | | captain in
municipalities with more than 1,000,000 inhabitants | 8 | | shall be excluded
from this Act.
| 9 | | (o) Except as otherwise in subsection (o-5), "public | 10 | | employer" or "employer" means the State of Illinois; any
| 11 | | political subdivision of the State, unit of local government or | 12 | | school
district; authorities including departments, divisions, | 13 | | bureaus, boards,
commissions, or other agencies of the | 14 | | foregoing entities; and any person
acting within the scope of | 15 | | his or her authority, express or implied, on
behalf of those | 16 | | entities in dealing with its employees.
As of the effective | 17 | | date of the amendatory Act of the 93rd General Assembly,
but | 18 | | not
before, the State of Illinois shall be considered the | 19 | | employer of the personal assistants working under the Home | 20 | | Services Program
under
Section 3 of the Disabled Persons | 21 | | Rehabilitation Act, subject to the
limitations set forth
in | 22 | | this Act and in the Disabled Persons Rehabilitation Act. As of | 23 | | January 29, 2013 (the effective date of Public Act 97-1158), | 24 | | but not before except as otherwise provided in this subsection | 25 | | (o), the State shall be considered the employer of home care | 26 | | and home health workers who function as personal assistants and |
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| 1 | | individual maintenance home health workers and who also work | 2 | | under the Home Services Program under Section 3 of the Disabled | 3 | | Persons Rehabilitation Act, no matter whether the State | 4 | | provides those services through direct fee-for-service | 5 | | arrangements, with the assistance of a managed care | 6 | | organization or other intermediary, or otherwise, but subject | 7 | | to the limitations set forth in this Act and the Disabled | 8 | | Persons Rehabilitation Act. The State shall not
be
considered | 9 | | to be the employer of home care and home health workers who | 10 | | function as personal
assistants and individual maintenance | 11 | | home health workers and who also work under the Home Services | 12 | | Program under Section 3 of the Disabled Persons Rehabilitation | 13 | | Act, for any
purposes not specifically provided for in Public | 14 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 15 | | purposes of vicarious liability in tort
and
purposes of | 16 | | statutory retirement or health insurance benefits. Home care | 17 | | and home health workers who function as
personal assistants and | 18 | | individual maintenance home health workers and who also work | 19 | | under the Home Services Program under Section 3 of the Disabled | 20 | | Persons Rehabilitation Act shall not be covered by the State | 21 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 22 | | effective date of this amendatory Act of the 94th General | 23 | | Assembly but not before, the State of Illinois shall be | 24 | | considered the employer of the day and child care home | 25 | | providers participating in the child care assistance program | 26 | | under Section 9A-11 of the Illinois Public Aid Code, subject to |
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| 1 | | the limitations set forth in this Act and in Section 9A-11 of | 2 | | the Illinois Public Aid Code. The State shall not be considered | 3 | | to be the employer of child and day care home providers for any | 4 | | purposes not specifically provided for in this amendatory Act | 5 | | of the 94th General Assembly, including but not limited to, | 6 | | purposes of vicarious liability in tort and purposes of | 7 | | statutory retirement or health insurance benefits. Child and | 8 | | day care home providers shall not be covered by the State | 9 | | Employees Group Insurance Act of 1971. | 10 | | "Public employer" or
"employer" as used in this Act, | 11 | | however, does not
mean and shall not include the General | 12 | | Assembly of the State of Illinois,
the Executive Ethics | 13 | | Commission, the Offices of the Executive Inspectors
General, | 14 | | the Legislative Ethics Commission, the Office of the | 15 | | Legislative
Inspector General, the Office of the Auditor | 16 | | General's Inspector General, the Office of the Governor, the | 17 | | Governor's Office of Management and Budget, the Illinois | 18 | | Finance Authority, the Office of the Lieutenant Governor, the | 19 | | State Board of Elections, and educational employers or | 20 | | employers as defined in the Illinois
Educational Labor | 21 | | Relations Act, except with respect to a state university in
its | 22 | | employment of firefighters and peace officers and except with | 23 | | respect to a school district in the employment of peace | 24 | | officers in its own police department in existence on the | 25 | | effective date of this amendatory Act of the 96th General | 26 | | Assembly. County boards and county
sheriffs shall be
designated |
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| 1 | | as joint or co-employers of county peace officers appointed
| 2 | | under the authority of a county sheriff. Nothing in this | 3 | | subsection
(o) shall be construed
to prevent the State Panel or | 4 | | the Local Panel
from determining that employers are joint or | 5 | | co-employers.
| 6 | | (o-5) With respect to
wages, fringe
benefits, hours, | 7 | | holidays, vacations, proficiency
examinations, sick leave, and | 8 | | other conditions of
employment, the public employer of public | 9 | | employees who are court reporters, as
defined in the Court | 10 | | Reporters Act, shall be determined as
follows:
| 11 | | (1) For court reporters employed by the Cook County | 12 | | Judicial
Circuit, the chief judge of the Cook County | 13 | | Circuit
Court is the public employer and employer | 14 | | representative.
| 15 | | (2) For court reporters employed by the 12th, 18th, | 16 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 17 | | circuits, a group consisting of the chief judges of those | 18 | | circuits, acting
jointly by majority vote, is the public | 19 | | employer and employer representative.
| 20 | | (3) For court reporters employed by all other judicial | 21 | | circuits,
a group consisting of the chief judges of those | 22 | | circuits, acting jointly by
majority vote, is the public | 23 | | employer and employer representative.
| 24 | | (p) "Security employee" means an employee who is | 25 | | responsible for the
supervision and control of inmates at | 26 | | correctional facilities. The term
also includes other |
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| 1 | | non-security employees in bargaining units having the
majority | 2 | | of employees being responsible for the supervision and control | 3 | | of
inmates at correctional facilities.
| 4 | | (q) "Short-term employee" means an employee who is employed | 5 | | for less
than 2 consecutive calendar quarters during a calendar | 6 | | year and who does
not have a reasonable assurance that he or | 7 | | she will be rehired by the
same employer for the same service | 8 | | in a subsequent calendar year.
| 9 | | (q-5) "State agency" means an agency directly responsible | 10 | | to the Governor, as defined in Section 3.1 of the Executive | 11 | | Reorganization Implementation Act, and the Illinois Commerce | 12 | | Commission, the Illinois Workers' Compensation Commission, the | 13 | | Civil Service Commission, the Pollution Control Board, the | 14 | | Illinois Racing Board, and the Department of State Police Merit | 15 | | Board. | 16 | | (r) "Supervisor" is: | 17 | | (1) An employee whose principal work is substantially
| 18 | | different from that of his or her subordinates and who has | 19 | | authority, in the
interest of the employer, to hire, | 20 | | transfer, suspend, lay off, recall,
promote, discharge, | 21 | | direct, reward, or discipline employees, to adjust
their | 22 | | grievances, or to effectively recommend any of those | 23 | | actions, if the
exercise
of that authority is not of a | 24 | | merely routine or clerical nature, but
requires the | 25 | | consistent use of independent judgment. Except with | 26 | | respect to
police employment, the term "supervisor" |
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| 1 | | includes only those individuals
who devote a preponderance | 2 | | of their employment time to exercising that
authority, | 3 | | State supervisors notwithstanding. Nothing in this | 4 | | definition prohibits an individual from also meeting the | 5 | | definition of "managerial employee" under subsection (j) | 6 | | of this Section. In addition, in determining
supervisory | 7 | | status in police employment, rank shall not be | 8 | | determinative.
The Board shall consider, as evidence of | 9 | | bargaining unit inclusion or
exclusion, the common law | 10 | | enforcement policies and relationships between
police | 11 | | officer ranks and certification under applicable civil | 12 | | service law,
ordinances, personnel codes, or Division 2.1 | 13 | | of Article 10 of the Illinois
Municipal Code, but these | 14 | | factors shall not
be the sole or predominant factors | 15 | | considered by the Board in determining
police supervisory | 16 | | status.
| 17 | | Notwithstanding the provisions of the preceding | 18 | | paragraph, in determining
supervisory status in fire | 19 | | fighter employment, no fire fighter shall be
excluded as a | 20 | | supervisor who has established representation rights under
| 21 | | Section 9 of this Act. Further, in new fire fighter units, | 22 | | employees shall
consist of fire fighters of the rank of | 23 | | company officer and below. If a company officer otherwise | 24 | | qualifies as a supervisor under the preceding paragraph, | 25 | | however, he or she shall
not be included in the fire | 26 | | fighter
unit. If there is no rank between that of chief and |
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| 1 | | the
highest company officer, the employer may designate a | 2 | | position on each
shift as a Shift Commander, and the | 3 | | persons occupying those positions shall
be supervisors. | 4 | | All other ranks above that of company officer shall be
| 5 | | supervisors.
| 6 | | (2) With respect only to State employees in positions | 7 | | under the jurisdiction of the Attorney General, Secretary | 8 | | of State, Comptroller, or Treasurer (i) that were certified | 9 | | in a bargaining unit on or after December 2, 2008, (ii) for | 10 | | which a petition is filed with the Illinois Public Labor | 11 | | Relations Board on or after April 5, 2013 (the effective | 12 | | date of Public Act 97-1172), or (iii) for which a petition | 13 | | is pending before the Illinois Public Labor Relations Board | 14 | | on that date, an employee who qualifies as a supervisor | 15 | | under (A) Section 152 of the National Labor Relations Act | 16 | | and (B) orders of the National Labor Relations Board | 17 | | interpreting that provision or decisions of courts | 18 | | reviewing decisions of the National Labor Relations Board. | 19 | | (s)(1) "Unit" means a class of jobs or positions that are | 20 | | held by
employees whose collective interests may suitably be | 21 | | represented by a labor
organization for collective bargaining. | 22 | | Except 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, a bargaining unit determined by the Board | 26 | | shall not include both
employees and supervisors, or |
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| 1 | | supervisors only, except as provided in paragraph
(2) of this | 2 | | subsection (s) and except for bargaining units in existence on | 3 | | July
1, 1984 (the effective date of this Act). With respect to | 4 | | non-State fire
fighters and paramedics employed by fire | 5 | | departments and fire protection
districts, non-State peace | 6 | | officers, and peace officers in the Department of
State Police, | 7 | | a bargaining unit determined by the Board shall not include | 8 | | both
supervisors and nonsupervisors, or supervisors only, | 9 | | except as provided in
paragraph (2) of this subsection (s) and | 10 | | except for bargaining units in
existence on January 1, 1986 | 11 | | (the effective date of this amendatory Act of
1985). A | 12 | | bargaining unit determined by the Board to contain peace | 13 | | officers
shall contain no employees other than peace officers | 14 | | unless otherwise agreed to
by the employer and the labor | 15 | | organization or labor organizations involved.
Notwithstanding | 16 | | any other provision of this Act, a bargaining unit, including a
| 17 | | historical bargaining unit, containing sworn peace officers of | 18 | | the Department
of Natural Resources (formerly designated the | 19 | | Department of Conservation) shall
contain no employees other | 20 | | than such sworn peace officers upon the effective
date of this | 21 | | amendatory Act of 1990 or upon the expiration date of any
| 22 | | collective bargaining agreement in effect upon the effective | 23 | | date of this
amendatory Act of 1990 covering both such sworn | 24 | | peace officers and other
employees.
| 25 | | (2) Notwithstanding the exclusion of supervisors from | 26 | | bargaining units
as provided in paragraph (1) of this |
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| 1 | | subsection (s), a public
employer may agree to permit its | 2 | | supervisory employees , other than managerial employees, to | 3 | | form bargaining units
and may bargain with those units. This | 4 | | Act shall apply if the public employer
chooses to bargain under | 5 | | this subsection.
| 6 | | (3) Public employees who are court reporters, as defined
in | 7 | | the Court Reporters Act,
shall be divided into 3 units for | 8 | | collective bargaining purposes. One unit
shall be court | 9 | | reporters employed by the Cook County Judicial Circuit; one
| 10 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 11 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 12 | | and one unit shall be court reporters employed by all other
| 13 | | judicial circuits.
| 14 | | (t) "Active petition for certification in a bargaining | 15 | | unit" means a petition for certification filed with the Board | 16 | | under one of the following case numbers: S-RC-11-110; | 17 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 18 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 19 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 20 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 21 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 22 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 23 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 24 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 25 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 26 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
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| 1 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 2 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 3 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 4 | | S-RC-07-100. | 5 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 6 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | 7 | | 8-18-14.)
| 8 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 9 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 10 | | which has been
held unconstitutional)
| 11 | | Sec. 15. Act Takes Precedence. | 12 | | (a) In case of any conflict between the
provisions of this | 13 | | Act and any other law (other than (i) Section 5 of the State | 14 | | Employees Group Insurance Act of 1971 , (ii) and other than the | 15 | | changes made to the Illinois Pension Code by Public Act 96-889 | 16 | | this amendatory Act of the 96th General Assembly , and (iii) the | 17 | | Personnel Code ), executive order or administrative
regulation | 18 | | relating to wages, hours and conditions of employment and | 19 | | employment
relations, the provisions of this Act or any | 20 | | collective bargaining agreement
negotiated thereunder shall | 21 | | prevail and control.
Nothing in this Act shall be construed to | 22 | | replace or diminish the
rights of employees established by | 23 | | Sections 28 and 28a of the Metropolitan
Transit Authority Act, | 24 | | Sections 2.15 through 2.19 of the Regional Transportation
| 25 | | Authority Act. The provisions of this Act are subject to |
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| 1 | | Section 5 of the State Employees Group Insurance Act of 1971. | 2 | | Nothing in this Act shall be construed to replace the necessity | 3 | | of complaints against a sworn peace officer, as defined in | 4 | | Section 2(a) of the Uniform Peace Officer Disciplinary Act, | 5 | | from having a complaint supported by a sworn affidavit.
| 6 | | (b) Except as provided in subsection (a) above, any | 7 | | collective bargaining
contract between a public employer and a | 8 | | labor organization executed pursuant
to this Act shall | 9 | | supersede any contrary statutes, charters, ordinances, rules
| 10 | | or regulations relating to wages, hours and conditions of | 11 | | employment and
employment relations adopted by the public | 12 | | employer or its agents. Any collective
bargaining agreement | 13 | | entered into prior to the effective date of this Act
shall | 14 | | remain in full force during its duration.
| 15 | | (c) It is the public policy of this State, pursuant to | 16 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 17 | | Illinois Constitution, that the
provisions of this Act are the | 18 | | exclusive exercise by the State of powers
and functions which | 19 | | might otherwise be exercised by home rule units. Such
powers | 20 | | and functions may not be exercised concurrently, either | 21 | | directly
or indirectly, by any unit of local government, | 22 | | including any home rule
unit, except as otherwise authorized by | 23 | | this Act. | 24 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .) | 25 | | (5 ILCS 315/29 new) |
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| 1 | | Sec. 29. Construction with the Personnel Code. Actions | 2 | | taken pursuant to Section 26 of the Personnel Code are not | 3 | | subject to this Act or any collective bargaining agreement | 4 | | entered into, extended, or renewed after the effective date of | 5 | | this amendatory Act of the 99th General Assembly. | 6 | | Section 10. The Personnel Code is amended by adding Section | 7 | | 26 as follows: | 8 | | (20 ILCS 415/26 new) | 9 | | Sec. 26. Rutan-exempt hiring reform implementation. | 10 | | (a) The Department of Transportation, in consultation with | 11 | | the Department of Central Management Services, shall review all | 12 | | employee position descriptions. If the Department of | 13 | | Transportation determines that a position description does not | 14 | | accurately reflect the duties performed by an employee in that | 15 | | position, the Department of Transportation shall work with the | 16 | | Department of Central Management Services to (i) revise the | 17 | | position description to accurately reflect the duties | 18 | | performed by an employee in that position, or (ii) abolish the | 19 | | position and either create a new a position having an accurate | 20 | | position description or hold open for the affected employee a | 21 | | vacant position for which the position description accurately | 22 | | reflects the employee's duties. | 23 | | (b) The Department of Central Management Services shall | 24 | | review position descriptions to determine whether a position is |
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| 1 | | Rutan-exempt or Rutan-covered. | 2 | | (c) If (i) a position was determined to be Rutan-exempt | 3 | | prior to the effective date of this amendatory Act of the 99th | 4 | | General Assembly, (ii) the position description is revised or | 5 | | the position is abolished pursuant to subsection (b) of this | 6 | | Section, and (iii) the position as revised or abolished is | 7 | | determined to be Rutan-covered, then all of the following shall | 8 | | occur: | 9 | | (1) An employee in the Rutan-exempt position as of the | 10 | | effective date of this amendatory Act of the 99th General | 11 | | Assembly shall be transferred temporarily into the | 12 | | Rutan-covered position. | 13 | | (2) The Department of Transportation shall determine | 14 | | whether the employee meets the qualifications for the | 15 | | Rutan-covered position and whether the employee was hired | 16 | | because of unlawful consideration of political affiliation | 17 | | or support. | 18 | | (3) If the Department of Transportation determines | 19 | | that the employee meets the qualifications for the | 20 | | Rutan-covered position and was not hired because of | 21 | | unlawful consideration of political affiliation or | 22 | | support, the employee shall be placed into the position on | 23 | | a non-temporary basis and thereafter be subject to any | 24 | | applicable provisions of this Code. The procedures for | 25 | | filling the position otherwise required but for this | 26 | | Section shall not apply to that placement. |
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| 1 | | (4) If the Department of Transportation determines | 2 | | that the employee does not meet the qualifications for the | 3 | | Rutan-covered position or was hired because of unlawful | 4 | | consideration of political affiliation or support, the | 5 | | Department of Transportation shall terminate the employee | 6 | | and fill the position through the applicable procedures of | 7 | | this Code or other applicable law or policy. | 8 | | (d) The Governor shall file a written report with the | 9 | | General Assembly summarizing the actions taken pursuant to this | 10 | | Section no later than July 31, 2017. | 11 | | (e) The Department of Transportation and the Department of | 12 | | Central Management Services may not exercise the authority | 13 | | granted under this Section after June 30, 2017.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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