SB1752sam001 100TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 3/10/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1752

2    AMENDMENT NO. ______. Amend Senate Bill 1752 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.

 

 

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1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8    (d) "Craft employees" means skilled journeymen, crafts
9persons, and their apprentices and helpers.
10    (e) "Essential services employees" means those public
11employees performing functions so essential that the
12interruption or termination of the function will constitute a
13clear and present danger to the health and safety of the
14persons in the affected community.
15    (f) "Exclusive representative", except with respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Department of State Police,
19means the labor organization that has been (i) designated by
20the Board as the representative of a majority of public
21employees in an appropriate bargaining unit in accordance with
22the procedures contained in this Act, (ii) historically
23recognized by the State of Illinois or any political
24subdivision of the State before July 1, 1984 (the effective
25date of this Act) as the exclusive representative of the
26employees in an appropriate bargaining unit, (iii) after July

 

 

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11, 1984 (the effective date of this Act) recognized by an
2employer upon evidence, acceptable to the Board, that the labor
3organization has been designated as the exclusive
4representative by a majority of the employees in an appropriate
5bargaining unit; (iv) recognized as the exclusive
6representative of personal assistants under Executive Order
72003-8 prior to the effective date of this amendatory Act of
8the 93rd General Assembly, and the organization shall be
9considered to be the exclusive representative of the personal
10assistants as defined in this Section; or (v) recognized as the
11exclusive representative of child and day care home providers,
12including licensed and license exempt providers, pursuant to an
13election held under Executive Order 2005-1 prior to the
14effective date of this amendatory Act of the 94th General
15Assembly, and the organization shall be considered to be the
16exclusive representative of the child and day care home
17providers as defined in this Section.
18    With respect to non-State fire fighters and paramedics
19employed by fire departments and fire protection districts,
20non-State peace officers, and peace officers in the Department
21of State Police, "exclusive representative" means the labor
22organization that has been (i) designated by the Board as the
23representative of a majority of peace officers or fire fighters
24in an appropriate bargaining unit in accordance with the
25procedures contained in this Act, (ii) historically recognized
26by the State of Illinois or any political subdivision of the

 

 

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1State before January 1, 1986 (the effective date of this
2amendatory Act of 1985) as the exclusive representative by a
3majority of the peace officers or fire fighters in an
4appropriate bargaining unit, or (iii) after January 1, 1986
5(the effective date of this amendatory Act of 1985) recognized
6by an employer upon evidence, acceptable to the Board, that the
7labor organization has been designated as the exclusive
8representative by a majority of the peace officers or fire
9fighters in an appropriate bargaining unit.
10    Where a historical pattern of representation exists for the
11workers of a water system that was owned by a public utility,
12as defined in Section 3-105 of the Public Utilities Act, prior
13to becoming certified employees of a municipality or
14municipalities once the municipality or municipalities have
15acquired the water system as authorized in Section 11-124-5 of
16the Illinois Municipal Code, the Board shall find the labor
17organization that has historically represented the workers to
18be the exclusive representative under this Act, and shall find
19the unit represented by the exclusive representative to be the
20appropriate unit.
21    (g) "Fair share agreement" means an agreement between the
22employer and an employee organization under which all or any of
23the employees in a collective bargaining unit are required to
24pay their proportionate share of the costs of the collective
25bargaining process, contract administration, and pursuing
26matters affecting wages, hours, and other conditions of

 

 

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1employment, but not to exceed the amount of dues uniformly
2required of members. The amount certified by the exclusive
3representative shall not include any fees for contributions
4related to the election or support of any candidate for
5political office. Nothing in this subsection (g) shall preclude
6an employee from making voluntary political contributions in
7conjunction with his or her fair share payment.
8    (g-1) "Fire fighter" means, for the purposes of this Act
9only, any person who has been or is hereafter appointed to a
10fire department or fire protection district or employed by a
11state university and sworn or commissioned to perform fire
12fighter duties or paramedic duties, except that the following
13persons are not included: part-time fire fighters, auxiliary,
14reserve or voluntary fire fighters, including paid on-call fire
15fighters, clerks and dispatchers or other civilian employees of
16a fire department or fire protection district who are not
17routinely expected to perform fire fighter duties, or elected
18officials.
19    (g-2) "General Assembly of the State of Illinois" means the
20legislative branch of the government of the State of Illinois,
21as provided for under Article IV of the Constitution of the
22State of Illinois, and includes but is not limited to the House
23of Representatives, the Senate, the Speaker of the House of
24Representatives, the Minority Leader of the House of
25Representatives, the President of the Senate, the Minority
26Leader of the Senate, the Joint Committee on Legislative

 

 

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1Support Services and any legislative support services agency
2listed in the Legislative Commission Reorganization Act of
31984.
4    (h) "Governing body" means, in the case of the State, the
5State Panel of the Illinois Labor Relations Board, the Director
6of the Department of Central Management Services, and the
7Director of the Department of Labor; the county board in the
8case of a county; the corporate authorities in the case of a
9municipality; and the appropriate body authorized to provide
10for expenditures of its funds in the case of any other unit of
11government.
12    (i) "Labor organization" means any organization in which
13public employees participate and that exists for the purpose,
14in whole or in part, of dealing with a public employer
15concerning wages, hours, and other terms and conditions of
16employment, including the settlement of grievances.
17    (i-5) "Legislative liaison" means a person who is an
18employee of a State agency, the Attorney General, the Secretary
19of State, the Comptroller, or the Treasurer, as the case may
20be, and whose job duties require the person to regularly
21communicate in the course of his or her employment with any
22official or staff of the General Assembly of the State of
23Illinois for the purpose of influencing any legislative action.
24    (j) "Managerial employee" means an individual who is
25engaged predominantly in executive and management functions
26and is charged with the responsibility of directing the

 

 

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1effectuation of management policies and practices. With
2respect only to State employees in positions under the
3jurisdiction of the Attorney General, Secretary of State,
4Comptroller, or Treasurer (i) that were certified in a
5bargaining unit on or after December 2, 2008, (ii) for which a
6petition is filed with the Illinois Public Labor Relations
7Board on or after April 5, 2013 (the effective date of Public
8Act 97-1172), or (iii) for which a petition is pending before
9the Illinois Public Labor Relations Board on that date,
10"managerial employee" means an individual who is engaged in
11executive and management functions or who is charged with the
12effectuation of management policies and practices or who
13represents management interests by taking or recommending
14discretionary actions that effectively control or implement
15policy. Nothing in this definition prohibits an individual from
16also meeting the definition of "supervisor" under subsection
17(r) of this Section.
18    (k) "Peace officer" means, for the purposes of this Act
19only, any persons who have been or are hereafter appointed to a
20police force, department, or agency and sworn or commissioned
21to perform police duties, except that the following persons are
22not included: part-time police officers, special police
23officers, auxiliary police as defined by Section 3.1-30-20 of
24the Illinois Municipal Code, night watchmen, "merchant
25police", court security officers as defined by Section 3-6012.1
26of the Counties Code, temporary employees, traffic guards or

 

 

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1wardens, civilian parking meter and parking facilities
2personnel or other individuals specially appointed to aid or
3direct traffic at or near schools or public functions or to aid
4in civil defense or disaster, parking enforcement employees who
5are not commissioned as peace officers and who are not armed
6and who are not routinely expected to effect arrests, parking
7lot attendants, clerks and dispatchers or other civilian
8employees of a police department who are not routinely expected
9to effect arrests, or elected officials.
10    (l) "Person" includes one or more individuals, labor
11organizations, public employees, associations, corporations,
12legal representatives, trustees, trustees in bankruptcy,
13receivers, or the State of Illinois or any political
14subdivision of the State or governing body, but does not
15include the General Assembly of the State of Illinois or any
16individual employed by the General Assembly of the State of
17Illinois.
18    (m) "Professional employee" means any employee engaged in
19work predominantly intellectual and varied in character rather
20than routine mental, manual, mechanical or physical work;
21involving the consistent exercise of discretion and adjustment
22in its performance; of such a character that the output
23produced or the result accomplished cannot be standardized in
24relation to a given period of time; and requiring advanced
25knowledge in a field of science or learning customarily
26acquired by a prolonged course of specialized intellectual

 

 

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1instruction and study in an institution of higher learning or a
2hospital, as distinguished from a general academic education or
3from apprenticeship or from training in the performance of
4routine mental, manual, or physical processes; or any employee
5who has completed the courses of specialized intellectual
6instruction and study prescribed in this subsection (m) and is
7performing related work under the supervision of a professional
8person to qualify to become a professional employee as defined
9in this subsection (m).
10    (n) "Public employee" or "employee", for the purposes of
11this Act, means any individual employed by a public employer,
12including (i) interns and residents at public hospitals, (ii)
13as of the effective date of this amendatory Act of the 93rd
14General Assembly, but not before, personal assistants working
15under the Home Services Program under Section 3 of the
16Rehabilitation of Persons with Disabilities Act, subject to the
17limitations set forth in this Act and in the Rehabilitation of
18Persons with Disabilities Act, (iii) as of the effective date
19of this amendatory Act of the 94th General Assembly, but not
20before, child and day care home providers participating in the
21child care assistance program under Section 9A-11 of the
22Illinois Public Aid Code, subject to the limitations set forth
23in this Act and in Section 9A-11 of the Illinois Public Aid
24Code, (iv) as of January 29, 2013 (the effective date of Public
25Act 97-1158), but not before except as otherwise provided in
26this subsection (n), home care and home health workers who

 

 

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1function as personal assistants and individual maintenance
2home health workers and who also work under the Home Services
3Program under Section 3 of the Rehabilitation of Persons with
4Disabilities Act, no matter whether the State provides those
5services through direct fee-for-service arrangements, with the
6assistance of a managed care organization or other
7intermediary, or otherwise, (v) beginning on the effective date
8of this amendatory Act of the 98th General Assembly and
9notwithstanding any other provision of this Act, any person
10employed by a public employer and who is classified as or who
11holds the employment title of Chief Stationary Engineer,
12Assistant Chief Stationary Engineer, Sewage Plant Operator,
13Water Plant Operator, Stationary Engineer, Plant Operating
14Engineer, and any other employee who holds the position of:
15Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
16Technical Manager I, Technical Manager II, Technical Manager
17III, Technical Manager IV, Technical Manager V, Technical
18Manager VI, Realty Specialist III, Realty Specialist IV, Realty
19Specialist V, Technical Advisor I, Technical Advisor II,
20Technical Advisor III, Technical Advisor IV, or Technical
21Advisor V employed by the Department of Transportation who is
22in a position which is certified in a bargaining unit on or
23before the effective date of this amendatory Act of the 98th
24General Assembly, and (vi) beginning on the effective date of
25this amendatory Act of the 98th General Assembly and
26notwithstanding any other provision of this Act, any mental

 

 

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1health administrator in the Department of Corrections who is
2classified as or who holds the position of Public Service
3Administrator (Option 8K), any employee of the Office of the
4Inspector General in the Department of Human Services who is
5classified as or who holds the position of Public Service
6Administrator (Option 7), any Deputy of Intelligence in the
7Department of Corrections who is classified as or who holds the
8position of Public Service Administrator (Option 7), and any
9employee of the Department of State Police who handles issues
10concerning the Illinois State Police Sex Offender Registry and
11who is classified as or holds the position of Public Service
12Administrator (Option 7), but excluding all of the following:
13employees of the General Assembly of the State of Illinois;
14elected officials; executive heads of a department; members of
15boards or commissions; the Executive Inspectors General; any
16special Executive Inspectors General; employees of each Office
17of an Executive Inspector General; commissioners and employees
18of the Executive Ethics Commission; the Auditor General's
19Inspector General; employees of the Office of the Auditor
20General's Inspector General; the Legislative Inspector
21General; any special Legislative Inspectors General; employees
22of the Office of the Legislative Inspector General;
23commissioners and employees of the Legislative Ethics
24Commission; employees of any agency, board or commission
25created by this Act; employees appointed to State positions of
26a temporary or emergency nature; all employees of school

 

 

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1districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on the effective date of
5this amendatory Act of the 96th General Assembly; managerial
6employees; short-term employees; legislative liaisons; a
7person who is a State employee under the jurisdiction of the
8Office of the Attorney General who is licensed to practice law
9or whose position authorizes, either directly or indirectly,
10meaningful input into government decision-making on issues
11where there is room for principled disagreement on goals or
12their implementation; a person who is a State employee under
13the jurisdiction of the Office of the Comptroller who holds the
14position of Public Service Administrator or whose position is
15otherwise exempt under the Comptroller Merit Employment Code; a
16person who is a State employee under the jurisdiction of the
17Secretary of State who holds the position classification of
18Executive I or higher, whose position authorizes, either
19directly or indirectly, meaningful input into government
20decision-making on issues where there is room for principled
21disagreement on goals or their implementation, or who is
22otherwise exempt under the Secretary of State Merit Employment
23Code; employees in the Office of the Secretary of State who are
24completely exempt from jurisdiction B of the Secretary of State
25Merit Employment Code and who are in Rutan-exempt positions on
26or after April 5, 2013 (the effective date of Public Act

 

 

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197-1172); a person who is a State employee under the
2jurisdiction of the Treasurer who holds a position that is
3exempt from the State Treasurer Employment Code; any employee
4of a State agency who (i) holds the title or position of, or
5exercises substantially similar duties as a legislative
6liaison, Agency General Counsel, Agency Chief of Staff, Agency
7Executive Director, Agency Deputy Director, Agency Chief
8Fiscal Officer, Agency Human Resources Director, Public
9Information Officer, or Chief Information Officer and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any employee
12of a State agency who (i) is in a position that is
13Rutan-exempt, as designated by the employer, and completely
14exempt from jurisdiction B of the Personnel Code and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any term
17appointed employee of a State agency pursuant to Section 8b.18
18or 8b.19 of the Personnel Code who was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employment position
21properly designated pursuant to Section 6.1 of this Act; all
22existing and future position numbers of any employee of the
23Office of the Inspector General within the Department of Human
24Services who is classified as or who holds the position of
25Public Service Administrator or Internal Security Investigator
26II; confidential employees; independent contractors; and

 

 

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1supervisors except as provided in this Act.
2    Home care and home health workers who function as personal
3assistants and individual maintenance home health workers and
4who also work under the Home Services Program under Section 3
5of the Rehabilitation of Persons with Disabilities Act shall
6not be considered public employees for any purposes not
7specifically provided for in Public Act 93-204 or Public Act
897-1158, including but not limited to, purposes of vicarious
9liability in tort and purposes of statutory retirement or
10health insurance benefits. Home care and home health workers
11who function as personal assistants and individual maintenance
12home health workers and who also work under the Home Services
13Program under Section 3 of the Rehabilitation of Persons with
14Disabilities Act shall not be covered by the State Employees
15Group Insurance Act of 1971 (5 ILCS 375/).
16    Child and day care home providers shall not be considered
17public employees for any purposes not specifically provided for
18in this amendatory Act of the 94th General Assembly, including
19but not limited to, purposes of vicarious liability in tort and
20purposes of statutory retirement or health insurance benefits.
21Child and day care home providers shall not be covered by the
22State Employees Group Insurance Act of 1971.
23    Notwithstanding Section 9, subsection (c), or any other
24provisions of this Act, all peace officers above the rank of
25captain in municipalities with more than 1,000,000 inhabitants
26shall be excluded from this Act.

 

 

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1    (o) Except as otherwise in subsection (o-5), "public
2employer" or "employer" means the State of Illinois; any
3political subdivision of the State, unit of local government or
4school district; authorities including departments, divisions,
5bureaus, boards, commissions, or other agencies of the
6foregoing entities; and any person acting within the scope of
7his or her authority, express or implied, on behalf of those
8entities in dealing with its employees. As of the effective
9date of the amendatory Act of the 93rd General Assembly, but
10not before, the State of Illinois shall be considered the
11employer of the personal assistants working under the Home
12Services Program under Section 3 of the Rehabilitation of
13Persons with Disabilities Act, subject to the limitations set
14forth in this Act and in the Rehabilitation of Persons with
15Disabilities Act. As of January 29, 2013 (the effective date of
16Public Act 97-1158), but not before except as otherwise
17provided in this subsection (o), the State shall be considered
18the employer of home care and home health workers who function
19as personal assistants and individual maintenance home health
20workers and who also work under the Home Services Program under
21Section 3 of the Rehabilitation of Persons with Disabilities
22Act, no matter whether the State provides those services
23through direct fee-for-service arrangements, with the
24assistance of a managed care organization or other
25intermediary, or otherwise, but subject to the limitations set
26forth in this Act and the Rehabilitation of Persons with

 

 

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1Disabilities Act. The State shall not be considered to be the
2employer of home care and home health workers who function as
3personal assistants and individual maintenance home health
4workers and who also work under the Home Services Program under
5Section 3 of the Rehabilitation of Persons with Disabilities
6Act, for any purposes not specifically provided for in Public
7Act 93-204 or Public Act 97-1158, including but not limited to,
8purposes of vicarious liability in tort and purposes of
9statutory retirement or health insurance benefits. Home care
10and home health workers who function as personal assistants and
11individual maintenance home health workers and who also work
12under the Home Services Program under Section 3 of the
13Rehabilitation of Persons with Disabilities Act shall not be
14covered by the State Employees Group Insurance Act of 1971 (5
15ILCS 375/). As of the effective date of this amendatory Act of
16the 94th General Assembly but not before, the State of Illinois
17shall be considered the employer of the day and child care home
18providers participating in the child care assistance program
19under Section 9A-11 of the Illinois Public Aid Code, subject to
20the limitations set forth in this Act and in Section 9A-11 of
21the Illinois Public Aid Code. The State shall not be considered
22to be the employer of child and day care home providers for any
23purposes not specifically provided for in this amendatory Act
24of the 94th General Assembly, including but not limited to,
25purposes of vicarious liability in tort and purposes of
26statutory retirement or health insurance benefits. Child and

 

 

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1day care home providers shall not be covered by the State
2Employees Group Insurance Act of 1971.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, the Office of the Governor, the
10Governor's Office of Management and Budget, the Illinois
11Finance Authority, the Office of the Lieutenant Governor, the
12State Board of Elections, and educational employers or
13employers as defined in the Illinois Educational Labor
14Relations Act, except with respect to a state university in its
15employment of firefighters and peace officers and except with
16respect to a school district in the employment of peace
17officers in its own police department in existence on the
18effective date of this amendatory Act of the 96th General
19Assembly. County boards and county sheriffs shall be designated
20as joint or co-employers of county peace officers appointed
21under the authority of a county sheriff. Nothing in this
22subsection (o) shall be construed to prevent the State Panel or
23the Local Panel from determining that employers are joint or
24co-employers.
25    (o-5) With respect to wages, fringe benefits, hours,
26holidays, vacations, proficiency examinations, sick leave, and

 

 

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1other conditions of employment, the public employer of public
2employees who are court reporters, as defined in the Court
3Reporters Act, shall be determined as follows:
4        (1) For court reporters employed by the Cook County
5    Judicial Circuit, the chief judge of the Cook County
6    Circuit Court is the public employer and employer
7    representative.
8        (2) For court reporters employed by the 12th, 18th,
9    19th, and, on and after December 4, 2006, the 22nd judicial
10    circuits, a group consisting of the chief judges of those
11    circuits, acting jointly by majority vote, is the public
12    employer and employer representative.
13        (3) For court reporters employed by all other judicial
14    circuits, a group consisting of the chief judges of those
15    circuits, acting jointly by majority vote, is the public
16    employer and employer representative.
17    (p) "Security employee" means an employee who is
18responsible for the supervision and control of inmates at
19correctional facilities. The term also includes other
20non-security employees in bargaining units having the majority
21of employees being responsible for the supervision and control
22of inmates at correctional facilities.
23    (q) "Short-term employee" means an employee who is employed
24for less than 2 consecutive calendar quarters during a calendar
25year and who does not have a reasonable assurance that he or
26she will be rehired by the same employer for the same service

 

 

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1in a subsequent calendar year.
2    (q-5) "State agency" means an agency directly responsible
3to the Governor, as defined in Section 3.1 of the Executive
4Reorganization Implementation Act, and the Illinois Commerce
5Commission, the Illinois Workers' Compensation Commission, the
6Civil Service Commission, the Pollution Control Board, the
7Illinois Racing Board, and the Department of State Police Merit
8Board.
9    (r) "Supervisor" is:
10        (1) An employee whose principal work is substantially
11    different from that of his or her subordinates and who has
12    authority, in the interest of the employer, to hire,
13    transfer, suspend, lay off, recall, promote, discharge,
14    direct, reward, or discipline employees, to adjust their
15    grievances, or to effectively recommend any of those
16    actions, if the exercise of that authority is not of a
17    merely routine or clerical nature, but requires the
18    consistent use of independent judgment. Except with
19    respect to police employment, the term "supervisor"
20    includes only those individuals who devote a preponderance
21    of their employment time to exercising that authority,
22    State supervisors notwithstanding. Nothing in this
23    definition prohibits an individual from also meeting the
24    definition of "managerial employee" under subsection (j)
25    of this Section. In addition, in determining supervisory
26    status in police employment, rank shall not be

 

 

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1    determinative. The Board shall consider, as evidence of
2    bargaining unit inclusion or exclusion, the common law
3    enforcement policies and relationships between police
4    officer ranks and certification under applicable civil
5    service law, ordinances, personnel codes, or Division 2.1
6    of Article 10 of the Illinois Municipal Code, but these
7    factors shall not be the sole or predominant factors
8    considered by the Board in determining police supervisory
9    status.
10        Notwithstanding the provisions of the preceding
11    paragraph, in determining supervisory status in fire
12    fighter employment, no fire fighter shall be excluded as a
13    supervisor who has established representation rights under
14    Section 9 of this Act. Further, in new fire fighter units,
15    employees shall consist of fire fighters of the rank of
16    company officer and below. If a company officer otherwise
17    qualifies as a supervisor under the preceding paragraph,
18    however, he or she shall not be included in the fire
19    fighter unit. If there is no rank between that of chief and
20    the highest company officer, the employer may designate a
21    position on each shift as a Shift Commander, and the
22    persons occupying those positions shall be supervisors.
23    All other ranks above that of company officer shall be
24    supervisors.
25        (2) With respect only to State employees in positions
26    under the jurisdiction of the Attorney General, Secretary

 

 

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1    of State, Comptroller, or Treasurer (i) that were certified
2    in a bargaining unit on or after December 2, 2008, (ii) for
3    which a petition is filed with the Illinois Public Labor
4    Relations Board on or after April 5, 2013 (the effective
5    date of Public Act 97-1172), or (iii) for which a petition
6    is pending before the Illinois Public Labor Relations Board
7    on that date, an employee who qualifies as a supervisor
8    under (A) Section 152 of the National Labor Relations Act
9    and (B) orders of the National Labor Relations Board
10    interpreting that provision or decisions of courts
11    reviewing decisions of the National Labor Relations Board.
12    (s)(1) "Unit" means a class of jobs or positions that are
13held by employees whose collective interests may suitably be
14represented by a labor organization for collective bargaining.
15Except with respect to non-State fire fighters and paramedics
16employed by fire departments and fire protection districts,
17non-State peace officers, and peace officers in the Department
18of State Police, a bargaining unit determined by the Board
19shall not include both employees and supervisors, or
20supervisors only, except as provided in paragraph (2) of this
21subsection (s) and except for bargaining units in existence on
22July 1, 1984 (the effective date of this Act). With respect to
23non-State fire fighters and paramedics employed by fire
24departments and fire protection districts, non-State peace
25officers, and peace officers in the Department of State Police,
26a bargaining unit determined by the Board shall not include

 

 

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1both supervisors and nonsupervisors, or supervisors only,
2except as provided in paragraph (2) of this subsection (s) and
3except for bargaining units in existence on January 1, 1986
4(the effective date of this amendatory Act of 1985). A
5bargaining unit determined by the Board to contain peace
6officers shall contain no employees other than peace officers
7unless otherwise agreed to by the employer and the labor
8organization or labor organizations involved. Notwithstanding
9any other provision of this Act, a bargaining unit, including a
10historical bargaining unit, containing sworn peace officers of
11the Department of Natural Resources (formerly designated the
12Department of Conservation) shall contain no employees other
13than such sworn peace officers upon the effective date of this
14amendatory Act of 1990 or upon the expiration date of any
15collective bargaining agreement in effect upon the effective
16date of this amendatory Act of 1990 covering both such sworn
17peace officers and other employees.
18    (2) Notwithstanding the exclusion of supervisors from
19bargaining units as provided in paragraph (1) of this
20subsection (s), a public employer may agree to permit its
21supervisory employees to form bargaining units and may bargain
22with those units. This Act shall apply if the public employer
23chooses to bargain under this subsection.
24    (3) Public employees who are court reporters, as defined in
25the Court Reporters Act, shall be divided into 3 units for
26collective bargaining purposes. One unit shall be court

 

 

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1reporters employed by the Cook County Judicial Circuit; one
2unit shall be court reporters employed by the 12th, 18th, 19th,
3and, on and after December 4, 2006, the 22nd judicial circuits;
4and one unit shall be court reporters employed by all other
5judicial circuits.
6    (t) "Active petition for certification in a bargaining
7unit" means a petition for certification filed with the Board
8under one of the following case numbers: S-RC-11-110;
9S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
10S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
11S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
12S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
13S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
14S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
15S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
16S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
17S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
18S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
19S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
20S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
21S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
22S-RC-07-100.
23(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
2499-143, eff. 7-27-15.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".