Full Text of HB3114 103rd General Assembly
HB3114ham001 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3114
| 2 | | AMENDMENT NO. ______. Amend House Bill 3114 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 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 | 8 | | context
otherwise requires:
| 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.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and | 15 | | other conditions of employment,
as detailed in Section 7 and | 16 | | which are not excluded by Section 4.
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| 1 | | (c) "Confidential employee" means an employee who, in the | 2 | | regular course
of his or her duties, assists and acts in a | 3 | | confidential capacity to persons
who formulate, determine, and | 4 | | effectuate management policies with regard
to labor relations | 5 | | or who, in the regular course of his or her duties, has
| 6 | | authorized access to information relating to the effectuation
| 7 | | or review of the employer's collective bargaining policies.
| 8 | | Determinations of confidential employee status shall be based | 9 | | on actual employee job duties and not solely on written job | 10 | | descriptions.
| 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
Illinois 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 | 6 | | labor
organization has been designated as the exclusive | 7 | | representative by a
majority of the employees in an | 8 | | appropriate bargaining unit;
(iv) recognized as the exclusive | 9 | | representative of personal
assistants under Executive Order | 10 | | 2003-8 prior to July 16, 2003 (the effective date of Public Act | 11 | | 93-204), and the organization shall be considered to
be the
| 12 | | exclusive representative of the personal assistants
as defined
| 13 | | in this Section; or (v) recognized as the exclusive | 14 | | representative of child and day care home providers, including | 15 | | licensed and license exempt providers, pursuant to an election | 16 | | held under Executive Order 2005-1 prior to January 1, 2006 | 17 | | (the effective date of Public Act 94-320), and the | 18 | | organization shall be considered to be the exclusive | 19 | | representative of the child and day care home providers as | 20 | | 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 Illinois | 24 | | 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 |
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| 1 | | fighters in an appropriate bargaining unit in accordance
with | 2 | | the procedures contained in this Act, (ii)
historically | 3 | | recognized
by the State of Illinois or any political | 4 | | subdivision of the State before
January 1, 1986 (the effective | 5 | | date of this amendatory Act of 1985) as the exclusive
| 6 | | representative by a majority of the peace officers or fire | 7 | | fighters in an
appropriate bargaining unit, or (iii) after | 8 | | January 1,
1986 (the effective date of this amendatory
Act of | 9 | | 1985) recognized by an employer upon evidence, acceptable to | 10 | | the
Board, that the labor organization has been designated as | 11 | | the exclusive
representative by a majority of the peace | 12 | | officers or fire fighters in an
appropriate bargaining unit.
| 13 | | Where a historical pattern of representation exists for | 14 | | the workers of a water system that was owned by a public | 15 | | utility, as defined in Section 3-105 of the Public Utilities | 16 | | Act, prior to becoming certified employees of a municipality | 17 | | or 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 | 26 | | of the employees in a
collective bargaining unit are required |
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| 1 | | to pay their proportionate share of
the costs of the | 2 | | collective bargaining process, contract administration, and
| 3 | | pursuing matters affecting wages, hours, and other conditions | 4 | | of 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
| 9 | | preclude an employee from making
voluntary political | 10 | | contributions in conjunction with his or her fair share
| 11 | | payment.
| 12 | | (g-1) "Fire fighter" means, for the purposes of this Act | 13 | | only, any
person who has been or is hereafter appointed to a | 14 | | fire department or fire
protection district or employed by a | 15 | | state university and sworn or
commissioned to perform fire | 16 | | fighter duties or paramedic duties, including paramedics | 17 | | employed by a unit of local government, except that the
| 18 | | following persons are not included: part-time fire fighters,
| 19 | | auxiliary, reserve or voluntary fire fighters, including paid | 20 | | on-call fire
fighters, clerks and dispatchers or other | 21 | | civilian employees of a fire
department or fire protection | 22 | | district who are not routinely expected to
perform fire | 23 | | fighter duties, or elected officials.
| 24 | | (g-2) "General Assembly of the State of Illinois" means | 25 | | the
legislative branch of the government of the State of | 26 | | Illinois, as provided
for under Article IV of the Constitution |
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| 1 | | of the State of Illinois, and
includes, but is not limited to, | 2 | | the House of Representatives, the Senate,
the Speaker of the | 3 | | House of Representatives, the Minority Leader of the
House of | 4 | | Representatives, the President of the Senate, the Minority | 5 | | Leader
of the Senate, the Joint Committee on Legislative | 6 | | Support Services, and any
legislative support services agency | 7 | | listed in the Legislative Commission
Reorganization Act of | 8 | | 1984.
| 9 | | (h) "Governing body" means, in the case of the State, the | 10 | | State Panel of
the Illinois Labor Relations Board, the | 11 | | Director of the Department of Central
Management Services, and | 12 | | the Director of the Department of Labor; the county
board in | 13 | | the case of a county; the corporate authorities in the case of | 14 | | a
municipality; and the appropriate body authorized to provide | 15 | | for expenditures
of its funds in the case of any other unit of | 16 | | government.
| 17 | | (i) "Labor organization" means any organization in which | 18 | | public employees
participate and that exists for the purpose, | 19 | | in whole or in part, of dealing
with a public employer | 20 | | concerning wages, hours, and other terms and conditions
of | 21 | | employment, including the settlement of grievances.
| 22 | | (i-5) "Legislative liaison" means a person who is an | 23 | | employee of a State agency, the Attorney General, the | 24 | | Secretary of State, the Comptroller, or the Treasurer, as the | 25 | | case may be, and whose job duties require the person to | 26 | | regularly communicate in the course of his or her employment |
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| 1 | | with any official or staff of the General Assembly of the State | 2 | | of Illinois for the purpose of influencing any legislative | 3 | | action. | 4 | | (j) "Managerial employee" means an individual who is | 5 | | engaged
predominantly in executive and management functions | 6 | | and is charged with the
responsibility of directing the | 7 | | effectuation of management policies
and practices. | 8 | | Determination of managerial employee status shall be based on | 9 | | actual employee job duties and not solely on written job | 10 | | descriptions. With respect only to State employees in | 11 | | positions under the jurisdiction of the Attorney General, | 12 | | Secretary of State, Comptroller, or Treasurer (i) that were | 13 | | certified in a bargaining unit on or after December 2, 2008, | 14 | | (ii) for which a petition is filed with the Illinois Public | 15 | | Labor Relations Board on or after April 5, 2013 (the effective | 16 | | date of Public Act 97-1172), or (iii) for which a petition is | 17 | | pending before the Illinois Public Labor Relations Board on | 18 | | that date, "managerial employee" means an individual who is | 19 | | engaged in executive and management functions or who is | 20 | | charged with the effectuation of management policies and | 21 | | practices or who represents management interests by taking or | 22 | | recommending discretionary actions that effectively control or | 23 | | implement policy. Nothing in this definition prohibits an | 24 | | individual from also meeting the definition of "supervisor" | 25 | | under subsection (r) of this Section.
| 26 | | (k) "Peace officer" means, for the purposes of this Act |
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| 1 | | only, any
persons who have been or are hereafter appointed to a | 2 | | police force,
department, or agency and sworn or commissioned | 3 | | to perform police duties,
except that the following persons | 4 | | are not
included: part-time police
officers, special police | 5 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 6 | | the Illinois Municipal Code, night watchmen, "merchant | 7 | | police",
court security officers as defined by Section | 8 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic | 9 | | guards or wardens, civilian parking meter and
parking | 10 | | facilities personnel or other individuals specially appointed | 11 | | to
aid or direct traffic at or near schools or public functions | 12 | | or to aid in
civil defense or disaster, parking enforcement | 13 | | employees who are not
commissioned as peace officers and who | 14 | | are not armed and who are not
routinely expected to effect | 15 | | arrests, parking lot attendants, clerks and
dispatchers or | 16 | | other civilian employees of a police department who are not
| 17 | | routinely expected to effect arrests, or elected officials.
| 18 | | (l) "Person" includes one or more individuals, labor | 19 | | organizations, public
employees, associations, corporations, | 20 | | legal representatives, trustees,
trustees in bankruptcy, | 21 | | receivers, or the State of Illinois or any political
| 22 | | subdivision of the State or governing body, but does not | 23 | | include the General
Assembly of the State of Illinois or any | 24 | | individual employed by the General
Assembly of the State of | 25 | | Illinois.
| 26 | | (m) "Professional employee" means any employee engaged in |
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| 1 | | work predominantly
intellectual and varied in character rather | 2 | | than routine mental, manual,
mechanical or physical work; | 3 | | involving the consistent exercise of discretion
and adjustment | 4 | | in its performance; of such a character that the output | 5 | | produced
or the result accomplished cannot be standardized in | 6 | | relation to a given
period of time; and requiring advanced | 7 | | knowledge in a field of science or
learning customarily | 8 | | acquired by a prolonged course of specialized intellectual
| 9 | | instruction and study in an institution of higher learning or | 10 | | a hospital,
as distinguished from a general academic education | 11 | | or from apprenticeship
or from training in the performance of | 12 | | routine mental, manual, or physical
processes; or any employee | 13 | | who has completed the courses of specialized
intellectual | 14 | | instruction and study prescribed in this subsection (m) and is
| 15 | | performing related
work under the supervision of a | 16 | | professional person to qualify to become
a professional | 17 | | employee as defined in this subsection (m).
| 18 | | (n) "Public employee" or "employee", for the purposes of | 19 | | this Act, means
any individual employed by a public employer, | 20 | | including (i) interns and residents
at public hospitals, (ii) | 21 | | as of July 16, 2003 (the effective date of Public Act 93-204), | 22 | | but not
before, personal assistants working under the Home
| 23 | | Services
Program under Section 3 of the Rehabilitation of | 24 | | Persons with Disabilities Act, subject to
the
limitations set | 25 | | forth in this Act and in the Rehabilitation of Persons with | 26 | | Disabilities
Act,
(iii) as of January 1, 2006 (the effective |
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| 1 | | date of Public Act 94-320), but not before, child and day care | 2 | | home providers participating in the child care assistance | 3 | | program under Section 9A-11 of the Illinois Public Aid Code, | 4 | | subject to the limitations set forth in this Act and in Section | 5 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | 6 | | 2013 (the effective date of Public Act 97-1158), but not | 7 | | before except as otherwise provided in this subsection (n), | 8 | | home care and home health workers who function as personal | 9 | | assistants and individual maintenance home health workers and | 10 | | who also work under the Home Services Program under Section 3 | 11 | | of the Rehabilitation of Persons with Disabilities Act, no | 12 | | matter whether the State provides those services through | 13 | | direct fee-for-service arrangements, with the assistance of a | 14 | | managed care organization or other intermediary, or otherwise, | 15 | | (v) beginning on July 19, 2013 (the effective date of Public | 16 | | Act 98-100) and notwithstanding any other provision of this | 17 | | Act, any person employed by a public employer and who is | 18 | | classified as or who holds the employment title of Chief | 19 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 20 | | Sewage Plant Operator, Water Plant Operator, Stationary | 21 | | Engineer, Plant Operating Engineer, and any other employee who | 22 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 23 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 24 | | Technical Manager III, Technical Manager IV, Technical Manager | 25 | | V, Technical Manager VI, Realty Specialist III, Realty | 26 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
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| 1 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 2 | | IV, or Technical Advisor V employed by the Department of | 3 | | Transportation who is in a position which is certified in a | 4 | | bargaining unit on or before July 19, 2013 (the effective date | 5 | | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the | 6 | | effective date of Public Act 98-100) and notwithstanding any | 7 | | other provision of this Act, any mental health administrator | 8 | | in the Department of Corrections who is classified as or who | 9 | | holds the position of Public Service Administrator (Option | 10 | | 8K), any employee of the Office of the Inspector General in the | 11 | | Department of Human Services who is classified as or who holds | 12 | | the position of Public Service Administrator (Option 7), any | 13 | | Deputy of Intelligence in the Department of Corrections who is | 14 | | classified as or who holds the position of Public Service | 15 | | Administrator (Option 7), and any employee of the Illinois | 16 | | State Police who handles issues concerning the Illinois State | 17 | | Police Sex Offender Registry and who is classified as or holds | 18 | | the position of Public Service Administrator (Option 7), but | 19 | | excluding all of the following: employees of the
General | 20 | | Assembly of the State of Illinois; elected officials; | 21 | | executive
heads of a department; members of boards or | 22 | | commissions; the Executive
Inspectors General; any special | 23 | | Executive Inspectors General; employees of each
Office of an | 24 | | Executive Inspector General;
commissioners and employees of | 25 | | the Executive Ethics Commission; the Auditor
General's | 26 | | Inspector General; employees of the Office of the Auditor |
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| 1 | | General's
Inspector General; the Legislative Inspector | 2 | | General; any special Legislative
Inspectors General; employees | 3 | | of the Office
of the Legislative Inspector General;
| 4 | | commissioners and employees of the Legislative Ethics | 5 | | Commission;
employees
of any
agency, board or commission | 6 | | created by this Act; employees appointed to
State positions of | 7 | | a temporary or emergency nature; all employees of school
| 8 | | districts and higher education institutions except | 9 | | firefighters and peace
officers employed
by a state university | 10 | | and except peace officers employed by a school district in its | 11 | | own police department in existence on July 23, 2010 (the | 12 | | effective date of Public Act 96-1257); managerial employees; | 13 | | short-term employees; legislative liaisons; a person who is a | 14 | | State employee under the jurisdiction of the Office of the | 15 | | Attorney General who is licensed to practice law or whose | 16 | | position authorizes, either directly or indirectly, meaningful | 17 | | input into government decision-making on issues where there is | 18 | | room for principled disagreement on goals or their | 19 | | implementation; a person who is a State employee under the | 20 | | jurisdiction of the Office of the Comptroller who holds the | 21 | | position of Public Service Administrator or whose position is | 22 | | otherwise exempt under the Comptroller Merit Employment Code; | 23 | | a person who is a State employee under the jurisdiction of the | 24 | | Secretary of State who holds the position classification of | 25 | | Executive I or higher, whose position authorizes, either | 26 | | directly or indirectly, meaningful input into government |
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| 1 | | decision-making on issues where there is room for principled | 2 | | disagreement on goals or their implementation, or who is | 3 | | otherwise exempt under the Secretary of State Merit Employment | 4 | | Code; employees in the Office of the Secretary of State who are | 5 | | completely exempt from jurisdiction B of the Secretary of | 6 | | State Merit Employment Code and who are in Rutan-exempt | 7 | | positions on or after April 5, 2013 (the effective date of | 8 | | Public Act 97-1172); a person who is a State employee under the | 9 | | jurisdiction of the Treasurer who holds a position that is | 10 | | exempt from the State Treasurer Employment Code; any employee | 11 | | of a State agency who (i) holds the title or position of, or | 12 | | exercises substantially similar duties as a legislative | 13 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 14 | | Executive Director, Agency Deputy Director, Agency Chief | 15 | | Fiscal Officer, Agency Human Resources Director, Public | 16 | | Information Officer, or Chief Information Officer and (ii) was | 17 | | neither included in a bargaining unit nor subject to an active | 18 | | petition for certification in a bargaining unit; any employee | 19 | | of a State agency who (i) is in a position that is | 20 | | Rutan-exempt, as designated by the employer, and completely | 21 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 22 | | neither included in a bargaining unit nor subject to an active | 23 | | petition for certification in a bargaining unit; any term | 24 | | appointed employee of a State agency pursuant to Section 8b.18 | 25 | | or 8b.19 of the Personnel Code who was neither included in a | 26 | | bargaining unit nor subject to an active petition for |
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| 1 | | certification in a bargaining unit; any employment position | 2 | | properly designated pursuant to Section 6.1 of this Act;
| 3 | | confidential employees; independent contractors; and | 4 | | supervisors except as
provided in this Act.
| 5 | | Home care
and home health workers who function as personal | 6 | | assistants and individual maintenance home health workers and | 7 | | who also work under the Home Services Program under Section 3 | 8 | | of the Rehabilitation of Persons with Disabilities Act shall | 9 | | not be considered
public
employees for any purposes not | 10 | | specifically provided for in Public Act 93-204 or Public Act | 11 | | 97-1158, including, but not limited to, purposes of vicarious
| 12 | | liability in tort
and purposes of statutory retirement or | 13 | | health insurance benefits. Home care and home health workers | 14 | | who function as personal assistants and individual maintenance | 15 | | home health workers and who also work under the Home Services | 16 | | Program under Section 3 of the Rehabilitation of Persons with | 17 | | Disabilities Act shall not be covered by the State Employees
| 18 | | Group
Insurance Act of 1971.
| 19 | | Child and day care home providers shall not be considered | 20 | | public employees for any purposes not specifically provided | 21 | | for in Public Act 94-320, including, but not limited to, | 22 | | purposes of vicarious liability in tort and purposes of | 23 | | statutory retirement or health insurance benefits. Child and | 24 | | day care home providers shall not be covered by the State | 25 | | Employees Group Insurance Act of 1971. | 26 | | Notwithstanding Section 9, subsection (c), or any other |
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| 1 | | provisions of
this Act, all peace officers above the rank of | 2 | | captain in
municipalities with more than 1,000,000 inhabitants | 3 | | shall be excluded
from this Act.
| 4 | | (o) Except as otherwise in subsection (o-5), "public | 5 | | employer" or "employer" means the State of Illinois; any
| 6 | | political subdivision of the State, unit of local government | 7 | | or school
district; authorities including departments, | 8 | | divisions, bureaus, boards,
commissions, or other agencies of | 9 | | the foregoing entities; and any person
acting within the scope | 10 | | of his or her authority, express or implied, on
behalf of those | 11 | | entities in dealing with its employees.
As of July 16, 2003 | 12 | | (the effective date of Public Act 93-204),
but not
before, the | 13 | | State of Illinois shall be considered the employer of the | 14 | | personal assistants working under the Home Services Program
| 15 | | under
Section 3 of the Rehabilitation of Persons with | 16 | | Disabilities Act, subject to the
limitations set forth
in this | 17 | | Act and in the Rehabilitation of Persons with Disabilities | 18 | | Act. As of January 29, 2013 (the effective date of Public Act | 19 | | 97-1158), but not before except as otherwise provided in this | 20 | | subsection (o), the State shall be considered the employer of | 21 | | home care and home health workers who function as personal | 22 | | assistants and individual maintenance home health workers and | 23 | | who also work under the Home Services Program under Section 3 | 24 | | of the Rehabilitation of Persons with Disabilities Act, no | 25 | | matter whether the State provides those services through | 26 | | direct fee-for-service arrangements, with the assistance of a |
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| 1 | | managed care organization or other intermediary, or otherwise, | 2 | | but subject to the limitations set forth in this Act and the | 3 | | Rehabilitation of Persons with Disabilities Act. The State | 4 | | shall not
be
considered to be the employer of home care and | 5 | | home health workers who function as personal
assistants and | 6 | | individual maintenance home health workers and who also work | 7 | | under the Home Services Program under Section 3 of the | 8 | | Rehabilitation of Persons with Disabilities Act, for any
| 9 | | purposes not specifically provided for in Public Act 93-204 or | 10 | | Public Act 97-1158, including but not limited to, purposes of | 11 | | vicarious liability in tort
and
purposes of statutory | 12 | | retirement or health insurance benefits. Home care and home | 13 | | health workers who function as
personal assistants and | 14 | | individual maintenance home health workers and who also work | 15 | | under the Home Services Program under Section 3 of the | 16 | | Rehabilitation of Persons with Disabilities Act shall not be | 17 | | covered by the State Employees Group
Insurance Act of 1971.
As | 18 | | of January 1, 2006 (the effective date of Public Act 94-320) , | 19 | | but not before, the State of Illinois shall be considered the | 20 | | employer of the day and child care home providers | 21 | | participating in the child care assistance program under | 22 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 23 | | limitations set forth in this Act and in Section 9A-11 of the | 24 | | Illinois Public Aid Code. The State shall not be considered to | 25 | | be the employer of child and day care home providers for any | 26 | | purposes not specifically provided for in Public Act 94-320, |
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| 1 | | including, but not limited to, purposes of vicarious liability | 2 | | in tort and purposes of statutory retirement or health | 3 | | insurance benefits. Child and day care home providers shall | 4 | | not be covered by the State Employees Group Insurance Act of | 5 | | 1971. | 6 | | "Public employer" or
"employer" as used in this Act, | 7 | | however, does not
mean and shall not include the General | 8 | | Assembly of the State of Illinois,
the Executive Ethics | 9 | | Commission, the Offices of the Executive Inspectors
General, | 10 | | the Legislative Ethics Commission, the Office of the | 11 | | Legislative
Inspector General, the Office of the Auditor | 12 | | General's Inspector General, the Office of the Governor, the | 13 | | Governor's Office of Management and Budget, the Illinois | 14 | | Finance Authority, the Office of the Lieutenant Governor, the | 15 | | State Board of Elections, and educational employers or | 16 | | employers as defined in the Illinois
Educational Labor | 17 | | Relations Act, except with respect to a state university in
| 18 | | its employment of firefighters and peace officers and except | 19 | | with respect to a school district in the employment of peace | 20 | | officers in its own police department in existence on July 23, | 21 | | 2010 (the effective date of Public Act 96-1257). County boards | 22 | | and county
sheriffs shall be
designated as joint or | 23 | | co-employers of county peace officers appointed
under the | 24 | | authority of a county sheriff. Nothing in this subsection
(o) | 25 | | shall be construed
to prevent the State Panel or the Local | 26 | | Panel
from determining that employers are joint or |
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| 1 | | co-employers.
| 2 | | (o-5) With respect to
wages, fringe
benefits, hours, | 3 | | holidays, vacations, proficiency
examinations, sick leave, and | 4 | | other conditions of
employment, the public employer of public | 5 | | employees who are court reporters, as
defined in the Court | 6 | | Reporters Act, shall be determined as
follows:
| 7 | | (1) For court reporters employed by the Cook County | 8 | | Judicial
Circuit, the chief judge of the Cook County | 9 | | Circuit
Court is the public employer and employer | 10 | | representative.
| 11 | | (2) For court reporters employed by the 12th, 18th, | 12 | | 19th, and, on and after December 4, 2006, the 22nd | 13 | | judicial
circuits, a group consisting of the chief judges | 14 | | of those circuits, acting
jointly by majority vote, is the | 15 | | public employer and employer representative.
| 16 | | (3) For court reporters employed by all other 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 | | (p) "Security employee" means an employee who is | 21 | | responsible for the
supervision and control of inmates at | 22 | | correctional facilities. The term
also includes other | 23 | | non-security employees in bargaining units having the
majority | 24 | | of employees being responsible for the supervision and control | 25 | | of
inmates at correctional facilities.
| 26 | | (q) "Short-term employee" means an employee who is |
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| 1 | | employed for less
than 2 consecutive calendar quarters during | 2 | | a calendar year and who does
not have a reasonable assurance | 3 | | that he or she will be rehired by the
same employer for the | 4 | | same service in a subsequent calendar year.
| 5 | | (q-5) "State agency" means an agency directly responsible | 6 | | to the Governor, as defined in Section 3.1 of the Executive | 7 | | Reorganization Implementation Act, and the Illinois Commerce | 8 | | Commission, the Illinois Workers' Compensation Commission, the | 9 | | Civil Service Commission, the Pollution Control Board, the | 10 | | Illinois Racing Board, and the Illinois State Police Merit | 11 | | Board. | 12 | | (r) "Supervisor" is: | 13 | | (1) An employee whose principal work is substantially
| 14 | | different from that of his or her subordinates and who has | 15 | | authority, in the
interest of the employer, to hire, | 16 | | transfer, suspend, lay off, recall,
promote, discharge, | 17 | | direct, reward, or discipline employees, to adjust
their | 18 | | grievances, or to effectively recommend any of those | 19 | | actions, if the
exercise
of that authority is not of a | 20 | | merely routine or clerical nature, but
requires the | 21 | | consistent use of independent judgment. Except with | 22 | | respect to
police employment, the term "supervisor" | 23 | | includes only those individuals
who devote a preponderance | 24 | | of their employment time to exercising that
authority, | 25 | | State supervisors notwithstanding. Determinations of | 26 | | supervisor status shall be based on actual employee job |
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| 1 | | duties and not solely on written job descriptions. | 2 | | Further, in police units, employees shall consist of sworn | 3 | | officers serving as shift commander and below. A shift | 4 | | commander, regardless of sworn rank, may be responsible | 5 | | for several police officers, one or more units or teams, | 6 | | or an entire shift. If there is no sworn rank between that | 7 | | of chief or sheriff and the highest ranked sworn shift | 8 | | commander, the employer may designate a single exempt | 9 | | shift commander position on each shift who is a | 10 | | "supervisor". Each sworn or exempt rank above that of a | 11 | | designated exempt shift commander is a "supervisor". | 12 | | Nothing in this definition prohibits an individual from | 13 | | also meeting the definition of "managerial employee" under | 14 | | subsection (j) of this Section. In addition, in | 15 | | determining
supervisory status in police employment, rank | 16 | | shall not be determinative.
The Board shall consider, as | 17 | | evidence of bargaining unit inclusion or
exclusion, the | 18 | | common law enforcement policies and relationships between
| 19 | | police officer ranks and certification under applicable | 20 | | civil service law,
ordinances, personnel codes, or | 21 | | Division 2.1 of Article 10 of the Illinois
Municipal Code, | 22 | | but these factors shall not
be the sole or predominant | 23 | | factors considered by the Board in determining
police | 24 | | supervisory status.
| 25 | | Notwithstanding the provisions of the preceding | 26 | | paragraph, in determining
supervisory status in fire |
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| 1 | | fighter employment, no fire fighter shall be
excluded as a | 2 | | supervisor who has established representation rights under
| 3 | | Section 9 of this Act. Further, in fire fighter units, | 4 | | employees shall
consist of fire fighters of the highest | 5 | | rank of company officer and below. A company officer may | 6 | | be responsible for multiple companies or apparatus on a | 7 | | shift, multiple stations, or an entire shift. There may be | 8 | | more than one company officer per shift. If a company | 9 | | officer otherwise qualifies as a supervisor under the | 10 | | preceding paragraph, however, he or she shall
not be | 11 | | included in the fire fighter
unit. If there is no rank | 12 | | between that of chief and the
highest company officer, the | 13 | | employer may designate a position on each
shift as a Shift | 14 | | Commander, and the persons occupying those positions shall
| 15 | | be supervisors. All other ranks above that of the highest | 16 | | company officer shall be
supervisors.
| 17 | | (2) With respect only to State employees in positions | 18 | | under the jurisdiction of the Attorney General, Secretary | 19 | | of State, Comptroller, or Treasurer (i) that were | 20 | | certified in a bargaining unit on or after December 2, | 21 | | 2008, (ii) for which a petition is filed with the Illinois | 22 | | Public Labor Relations Board on or after April 5, 2013 | 23 | | (the effective date of Public Act 97-1172), or (iii) for | 24 | | which a petition is pending before the Illinois Public | 25 | | Labor Relations Board on that date, an employee who | 26 | | qualifies as a supervisor under (A) Section 152 of the |
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| 1 | | National Labor Relations Act and (B) orders of the | 2 | | National Labor Relations Board interpreting that provision | 3 | | or decisions of courts reviewing decisions of the National | 4 | | Labor Relations Board. | 5 | | (s)(1) "Unit" means a class of jobs or positions that are | 6 | | held by
employees whose collective interests may suitably be | 7 | | represented by a labor
organization for collective bargaining. | 8 | | Except with respect to non-State fire
fighters and paramedics | 9 | | employed by fire departments and fire protection
districts, | 10 | | non-State peace officers, and peace officers in the Illinois | 11 | | State Police, a bargaining unit determined by the Board shall | 12 | | not include both
employees and supervisors, or supervisors | 13 | | only, except as provided in paragraph
(2) of this subsection | 14 | | (s) and except for bargaining units in existence on July
1, | 15 | | 1984 (the effective date of this Act). With respect to | 16 | | non-State fire
fighters and paramedics employed by fire | 17 | | departments and fire protection
districts, non-State peace | 18 | | officers, and peace officers in the Illinois State Police, a | 19 | | bargaining unit determined by the Board shall not include both
| 20 | | supervisors and nonsupervisors, or supervisors only, except as | 21 | | provided in
paragraph (2) of this subsection (s) and except | 22 | | for bargaining units in
existence on January 1, 1986 (the | 23 | | effective date of this amendatory Act of
1985). A bargaining | 24 | | unit determined by the Board to contain peace officers
shall | 25 | | contain no employees other than peace officers unless | 26 | | otherwise agreed to
by the employer and the labor organization |
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| 1 | | or labor organizations involved.
Notwithstanding any other | 2 | | provision of this Act, a bargaining unit, including a
| 3 | | historical bargaining unit, containing sworn peace officers of | 4 | | the Department
of Natural Resources (formerly designated the | 5 | | Department of Conservation) shall
contain no employees other | 6 | | than such sworn peace officers upon the effective
date of this | 7 | | amendatory Act of 1990 or upon the expiration date of any
| 8 | | collective bargaining agreement in effect upon the effective | 9 | | date of this
amendatory Act of 1990 covering both such sworn | 10 | | peace officers and other
employees.
| 11 | | (2) Notwithstanding the exclusion of supervisors from | 12 | | bargaining units
as provided in paragraph (1) of this | 13 | | subsection (s), a public
employer may agree to permit its | 14 | | supervisory employees to form bargaining units
and may bargain | 15 | | with those units. This Act shall apply if the public employer
| 16 | | chooses to bargain under this subsection.
| 17 | | (3) Public employees who are court reporters, as defined
| 18 | | in the Court Reporters Act,
shall be divided into 3 units for | 19 | | collective bargaining purposes. One unit
shall be court | 20 | | reporters employed by the Cook County Judicial Circuit; one
| 21 | | unit shall be court reporters employed by the 12th, 18th, | 22 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 23 | | circuits; and one unit shall be court reporters employed by | 24 | | all other
judicial circuits.
| 25 | | (t) "Active petition for certification in a bargaining | 26 | | unit" means a petition for certification filed with the Board |
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| 1 | | under one of the following case numbers: S-RC-11-110; | 2 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 3 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 4 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 5 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 6 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 7 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 8 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 9 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 10 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 11 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 12 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 13 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 14 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 15 | | S-RC-07-100. | 16 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | 17 | | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised | 18 | | 6-13-22.)".
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