Full Text of HB3473 102nd General Assembly
HB3473 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3473 Introduced 2/22/2021, by Rep. Michael Halpin SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 |
5 ILCS 315/9 | from Ch. 48, par. 1609 |
5 ILCS 315/21.5 | |
|
Amends the Illinois Public Labor Relations Act. Specifies further requirements for labor unit clarification. Provides that no collective bargaining agreement entered into between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may extend more than 12 months after the date on which the terms of office of executive branch constitutional officers begin (currently, may extend beyond June, 30). Provides an exemption concerning collective bargaining agreements and the increase of salary, wages, or benefits starting on or after the first day of the terms of office of executive branch constitutional officers. Modifies defined terms. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3473 | | LRB102 14716 RJF 20069 b |
|
| 1 | | AN ACT concerning labor relations.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 3, 9, and 21.5 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.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized , actual, and more than incidental access to | 23 | | information relating to the effectuation
or review of the |
| | | HB3473 | - 2 - | LRB102 14716 RJF 20069 b |
|
| 1 | | employer's collective bargaining policies.
Determinations of | 2 | | confidential employee status shall be based on actual employee | 3 | | job duties and not on written job descriptions. The definition | 4 | | of "confidential employee" herein applies to all public | 5 | | employees.
| 6 | | (d) "Craft employees" means skilled journeymen, crafts | 7 | | persons, and their
apprentices and helpers.
| 8 | | (e) "Essential services employees" means those public | 9 | | employees
performing functions so essential that the | 10 | | interruption or termination of
the function will constitute a | 11 | | clear and present danger to the health and
safety of the | 12 | | persons in the affected community.
| 13 | | (f) "Exclusive representative", except with respect to | 14 | | non-State fire
fighters and paramedics employed by fire | 15 | | departments and fire protection
districts, non-State peace | 16 | | officers, and peace officers in the
Department of State | 17 | | Police, means the labor organization that has
been (i) | 18 | | designated by the Board as the representative of a majority of | 19 | | public
employees in an appropriate bargaining unit in | 20 | | accordance with the procedures
contained in this Act, (ii) | 21 | | historically
recognized by the State of Illinois or
any | 22 | | political subdivision of the State before July 1, 1984
(the | 23 | | effective date of this
Act) as the exclusive representative of | 24 | | the employees in an appropriate
bargaining unit, (iii) after | 25 | | July 1, 1984 (the
effective date of this Act) recognized by an
| 26 | | employer upon evidence, acceptable to the Board, that the |
| | | HB3473 | - 3 - | LRB102 14716 RJF 20069 b |
|
| 1 | | labor
organization has been designated as the exclusive | 2 | | representative by a
majority of the employees in an | 3 | | appropriate bargaining unit;
(iv) recognized as the exclusive | 4 | | representative of personal
assistants under Executive Order | 5 | | 2003-8 prior to the effective date of this
amendatory
Act of | 6 | | the 93rd General Assembly, and the organization shall be | 7 | | considered to
be the
exclusive representative of the personal | 8 | | assistants
as defined
in this Section; or (v) recognized as | 9 | | the exclusive representative of child and day care home | 10 | | providers, including licensed and license exempt providers, | 11 | | pursuant to an election held under Executive Order 2005-1 | 12 | | prior to the effective date of this amendatory Act of the 94th | 13 | | General Assembly, and the organization shall be considered to | 14 | | be the exclusive representative of the child and day care home | 15 | | providers as defined in this Section.
| 16 | | With respect to non-State fire fighters and paramedics | 17 | | employed by fire
departments and fire protection districts, | 18 | | non-State peace officers, and
peace officers in the Department | 19 | | of State Police,
"exclusive representative" means the labor | 20 | | organization that has
been (i) designated by the Board as the | 21 | | representative of a majority of peace
officers or fire | 22 | | fighters in an appropriate bargaining unit in accordance
with | 23 | | the procedures contained in this Act, (ii)
historically | 24 | | recognized
by the State of Illinois or any political | 25 | | subdivision of the State before
January 1, 1986 (the effective | 26 | | date of this amendatory Act of 1985) as the exclusive
|
| | | HB3473 | - 4 - | LRB102 14716 RJF 20069 b |
|
| 1 | | representative by a majority of the peace officers or fire | 2 | | fighters in an
appropriate bargaining unit, or (iii) after | 3 | | January 1,
1986 (the effective date of this amendatory
Act of | 4 | | 1985) recognized by an employer upon evidence, acceptable to | 5 | | the
Board, that the labor organization has been designated as | 6 | | the exclusive
representative by a majority of the peace | 7 | | officers or fire fighters in an
appropriate bargaining unit.
| 8 | | Where a historical pattern of representation exists for | 9 | | the workers of a water system that was owned by a public | 10 | | utility, as defined in Section 3-105 of the Public Utilities | 11 | | Act, prior to becoming certified employees of a municipality | 12 | | or municipalities once the municipality or municipalities have | 13 | | acquired the water system as authorized in Section 11-124-5 of | 14 | | the Illinois Municipal Code, the Board shall find the labor | 15 | | organization that has historically represented the workers to | 16 | | be the exclusive representative under this Act, and shall find | 17 | | the unit represented by the exclusive representative to be the | 18 | | appropriate unit. | 19 | | (g) "Fair share agreement" means an agreement between the | 20 | | employer and
an employee organization under which all or any | 21 | | of the employees in a
collective bargaining unit are required | 22 | | to pay their proportionate share of
the costs of the | 23 | | collective bargaining process, contract administration, and
| 24 | | pursuing matters affecting wages, hours, and other conditions | 25 | | of employment,
but not to exceed the amount of dues uniformly | 26 | | required of members. The
amount certified by the exclusive |
| | | HB3473 | - 5 - | LRB102 14716 RJF 20069 b |
|
| 1 | | representative shall not include any fees
for contributions | 2 | | related to the election or support of any candidate for
| 3 | | political office. Nothing in this subsection (g) shall
| 4 | | preclude an employee from making
voluntary political | 5 | | contributions in conjunction with his or her fair share
| 6 | | payment.
| 7 | | (g-1) "Fire fighter" means, for the purposes of this Act | 8 | | only, any
person who has been or is hereafter appointed to a | 9 | | fire department or fire
protection district or employed by a | 10 | | state university and sworn or
commissioned to perform fire | 11 | | fighter duties or paramedic duties, including paramedics | 12 | | employed by a unit of local government, except that the
| 13 | | following persons are not included: part-time fire fighters,
| 14 | | auxiliary, reserve or voluntary fire fighters, including paid | 15 | | on-call fire
fighters, clerks and dispatchers or other | 16 | | civilian employees of a fire
department or fire protection | 17 | | district who are not routinely expected to
perform fire | 18 | | fighter duties, or elected officials.
| 19 | | (g-2) "General Assembly of the State of Illinois" means | 20 | | the
legislative branch of the government of the State of | 21 | | Illinois, as provided
for under Article IV of the Constitution | 22 | | of the State of Illinois, and
includes but is not limited to | 23 | | the House of Representatives, the Senate,
the Speaker of the | 24 | | House of Representatives, the Minority Leader of the
House of | 25 | | Representatives, the President of the Senate, the Minority | 26 | | Leader
of the Senate, the Joint Committee on Legislative |
| | | HB3473 | - 6 - | LRB102 14716 RJF 20069 b |
|
| 1 | | Support Services and any
legislative support services agency | 2 | | listed in the Legislative Commission
Reorganization Act of | 3 | | 1984.
| 4 | | (h) "Governing body" means, in the case of the State, the | 5 | | State Panel of
the Illinois Labor Relations Board, the | 6 | | Director of the Department of Central
Management Services, and | 7 | | the Director of the Department of Labor; the county
board in | 8 | | the case of a county; the corporate authorities in the case of | 9 | | a
municipality; and the appropriate body authorized to provide | 10 | | for expenditures
of its funds in the case of any other unit of | 11 | | government.
| 12 | | (i) "Labor organization" means any organization in which | 13 | | public employees
participate and that exists for the purpose, | 14 | | in whole or in part, of dealing
with a public employer | 15 | | concerning wages, hours, and other terms and conditions
of | 16 | | employment, including the settlement of grievances.
| 17 | | (i-5) "Legislative liaison" means a person who is an | 18 | | employee of a State agency, the Attorney General, the | 19 | | Secretary of State, the Comptroller, or the Treasurer, as the | 20 | | case may be, and whose job duties require the person to | 21 | | regularly communicate in the course of his or her employment | 22 | | with any official or staff of the General Assembly of the State | 23 | | of Illinois for the purpose of influencing any legislative | 24 | | action. | 25 | | (j) "Managerial employee" means an individual who is | 26 | | engaged
predominantly in executive and management functions |
| | | HB3473 | - 7 - | LRB102 14716 RJF 20069 b |
|
| 1 | | for a majority of his or her employment time and is charged | 2 | | with the
responsibility of , and devotes a majority of his or | 3 | | her employment time to, directing the effectuation of | 4 | | management policies
and practices. Exercise of discretion or | 5 | | acting on behalf of an office holder, agency head, or board or | 6 | | commission by professional employees, including attorneys, as | 7 | | part of the performance of their work as professional | 8 | | employees, does not constitute evidence of executive and | 9 | | management functions or of directing the effectuation of | 10 | | management policies and practices. Determination of managerial | 11 | | employee status shall be based on actual employee job duties | 12 | | and not on written job descriptions. No employee shall be | 13 | | determined to be a managerial employee as a matter of law. With | 14 | | respect only to State employees in positions under the | 15 | | jurisdiction of the Attorney General, Secretary of State, | 16 | | Comptroller, or Treasurer (i) that were certified in a | 17 | | bargaining unit on or after December 2, 2008, (ii) for which a | 18 | | petition is filed with the Illinois Public Labor Relations | 19 | | Board on or after April 5, 2013 (the effective date of Public | 20 | | Act 97-1172), or (iii) for which a petition is pending before | 21 | | the Illinois Public Labor Relations Board on that date, | 22 | | "managerial employee" means an individual who is engaged in | 23 | | executive and management functions or who is charged with the | 24 | | effectuation of management policies and practices or who | 25 | | represents management interests by taking or recommending | 26 | | discretionary actions that effectively control or implement |
| | | HB3473 | - 8 - | LRB102 14716 RJF 20069 b |
|
| 1 | | policy. Nothing in this definition prohibits an individual | 2 | | from also meeting the definition of "supervisor" under | 3 | | subsection (r) of this Section.
The definition of "managerial | 4 | | employee" herein applies to all public employees.
| 5 | | (k) "Peace officer" means, for the purposes of this Act | 6 | | only, any
persons who have been or are hereafter appointed to a | 7 | | police force,
department, or agency and sworn or commissioned | 8 | | to perform police duties,
except that the following persons | 9 | | are not
included: part-time police
officers, special police | 10 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 11 | | the Illinois Municipal Code, night watchmen, "merchant | 12 | | police",
court security officers as defined by Section | 13 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic | 14 | | guards or wardens, civilian parking meter and
parking | 15 | | facilities personnel or other individuals specially appointed | 16 | | to
aid or direct traffic at or near schools or public functions | 17 | | or to aid in
civil defense or disaster, parking enforcement | 18 | | employees who are not
commissioned as peace officers and who | 19 | | are not armed and who are not
routinely expected to effect | 20 | | arrests, parking lot attendants, clerks and
dispatchers or | 21 | | other civilian employees of a police department who are not
| 22 | | routinely expected to effect arrests, or elected officials.
| 23 | | (l) "Person" includes one or more individuals, labor | 24 | | organizations, public
employees, associations, corporations, | 25 | | legal representatives, trustees,
trustees in bankruptcy, | 26 | | receivers, or the State of Illinois or any political
|
| | | HB3473 | - 9 - | LRB102 14716 RJF 20069 b |
|
| 1 | | subdivision of the State or governing body, but does not | 2 | | include the General
Assembly of the State of Illinois or any | 3 | | individual employed by the General
Assembly of the State of | 4 | | Illinois.
| 5 | | (m) "Professional employee" means any employee engaged in | 6 | | work predominantly
intellectual and varied in character rather | 7 | | than routine mental, manual,
mechanical or physical work; | 8 | | involving the consistent exercise of discretion
and adjustment | 9 | | in its performance; of such a character that the output | 10 | | produced
or the result accomplished cannot be standardized in | 11 | | relation to a given
period of time; and requiring advanced | 12 | | knowledge in a field of science or
learning customarily | 13 | | acquired by a prolonged course of specialized intellectual
| 14 | | instruction and study in an institution of higher learning or | 15 | | a hospital,
as distinguished from a general academic education | 16 | | or from apprenticeship
or from training in the performance of | 17 | | routine mental, manual, or physical
processes; or any employee | 18 | | who has completed the courses of specialized
intellectual | 19 | | instruction and study prescribed in this subsection (m) and is
| 20 | | performing related
work under the supervision of a | 21 | | professional person to qualify to become
a professional | 22 | | employee as defined in this subsection (m).
| 23 | | (n) "Public employee" or "employee", for the purposes of | 24 | | this Act, means
any individual employed by a public employer, | 25 | | including (i) interns and residents
at public hospitals, (ii) | 26 | | as of the effective date of this amendatory Act of the 93rd |
| | | HB3473 | - 10 - | LRB102 14716 RJF 20069 b |
|
| 1 | | General
Assembly, but not
before, personal assistants working | 2 | | under the Home
Services
Program under Section 3 of the | 3 | | Rehabilitation of Persons with Disabilities Act, subject to
| 4 | | the
limitations set forth in this Act and in the | 5 | | Rehabilitation of Persons with Disabilities
Act,
(iii) as of | 6 | | the effective date of this amendatory Act of the 94th General | 7 | | Assembly, but not before, child and day care home providers | 8 | | participating in the child care assistance program under | 9 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 10 | | limitations set forth in this Act and in Section 9A-11 of the | 11 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the | 12 | | effective date of Public Act 97-1158), but not before except | 13 | | as otherwise provided in this subsection (n), home care and | 14 | | home health workers who function as personal assistants and | 15 | | individual maintenance home health workers and who also work | 16 | | under the Home Services Program under Section 3 of the | 17 | | Rehabilitation of Persons with Disabilities Act, no matter | 18 | | whether the State provides those services through direct | 19 | | fee-for-service arrangements, with the assistance of a managed | 20 | | care organization or other intermediary, or otherwise, (v) | 21 | | beginning on the effective date of this amendatory Act of the | 22 | | 98th General Assembly and notwithstanding any other provision | 23 | | of this Act, any person employed by a public employer and who | 24 | | is classified as or who holds the employment title of Chief | 25 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 26 | | Sewage Plant Operator, Water Plant Operator, Stationary |
| | | HB3473 | - 11 - | LRB102 14716 RJF 20069 b |
|
| 1 | | Engineer, Plant Operating Engineer, and any other employee who | 2 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 3 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 4 | | Technical Manager III, Technical Manager IV, Technical Manager | 5 | | V, Technical Manager VI, Realty Specialist III, Realty | 6 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 7 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 8 | | IV, or Technical Advisor V employed by the Department of | 9 | | Transportation who is in a position which is certified in a | 10 | | bargaining unit on or before the effective date of this | 11 | | amendatory Act of the 98th General Assembly, and (vi) | 12 | | beginning on the effective date of this amendatory Act of the | 13 | | 98th General Assembly and notwithstanding any other provision | 14 | | of this Act, any mental health administrator in the Department | 15 | | of Corrections who is classified as or who holds the position | 16 | | of Public Service Administrator (Option 8K), any employee of | 17 | | the Office of the Inspector General in the Department of Human | 18 | | Services who is classified as or who holds the position of | 19 | | Public Service Administrator (Option 7), any Deputy of | 20 | | Intelligence in the Department of Corrections who is | 21 | | classified as or who holds the position of Public Service | 22 | | Administrator (Option 7), and any employee of the Department | 23 | | of State Police who handles issues concerning the Illinois | 24 | | State Police Sex Offender Registry and who is classified as or | 25 | | holds the position of Public Service Administrator (Option 7), | 26 | | but excluding all of the following: employees of the
General |
| | | HB3473 | - 12 - | LRB102 14716 RJF 20069 b |
|
| 1 | | Assembly of the State of Illinois; elected officials; | 2 | | executive
heads of a department; members of boards or | 3 | | commissions; the Executive
Inspectors General; any special | 4 | | Executive Inspectors General; employees of each
Office of an | 5 | | Executive Inspector General;
commissioners and employees of | 6 | | the Executive Ethics Commission; the Auditor
General's | 7 | | Inspector General; employees of the Office of the Auditor | 8 | | General's
Inspector General; the Legislative Inspector | 9 | | General; any special Legislative
Inspectors General; employees | 10 | | of the Office
of the Legislative Inspector General;
| 11 | | commissioners and employees of the Legislative Ethics | 12 | | Commission;
employees
of any
agency, board or commission | 13 | | created by this Act; employees appointed to
State positions of | 14 | | a temporary or emergency nature; all employees of school
| 15 | | districts and higher education institutions except | 16 | | firefighters and peace
officers employed
by a state university | 17 | | and except peace officers employed by a school district in its | 18 | | own police department in existence on the effective date of | 19 | | this amendatory Act of the 96th General Assembly; managerial | 20 | | employees; short-term employees; legislative liaisons; a | 21 | | person who is a State employee under the jurisdiction of the | 22 | | Office of the Attorney General who is licensed to practice law | 23 | | or whose position authorizes, either directly or indirectly, | 24 | | meaningful input into government decision-making on issues | 25 | | where there is room for principled disagreement on goals or | 26 | | their implementation; a person who is a State employee under |
| | | HB3473 | - 13 - | LRB102 14716 RJF 20069 b |
|
| 1 | | the jurisdiction of the Office of the Comptroller who holds | 2 | | the position of Public Service Administrator or whose position | 3 | | is otherwise exempt under the Comptroller Merit Employment | 4 | | Code; a person who is a State employee under the jurisdiction | 5 | | of the Secretary of State who holds the position | 6 | | classification of Executive I or higher, whose position | 7 | | authorizes, either directly or indirectly, meaningful input | 8 | | into government decision-making on issues where there is room | 9 | | for principled disagreement on goals or their implementation, | 10 | | or who is otherwise exempt under the Secretary of State Merit | 11 | | Employment Code; employees in the Office of the Secretary of | 12 | | State who are completely exempt from jurisdiction B of the | 13 | | Secretary of State Merit Employment Code and who are in | 14 | | Rutan-exempt positions on or after April 5, 2013 (the | 15 | | effective date of Public Act 97-1172); a person who is a State | 16 | | employee under the jurisdiction of the Treasurer who holds a | 17 | | position that is exempt from the State Treasurer Employment | 18 | | Code; any employee of a State agency who (i) holds the title or | 19 | | position of, or exercises substantially similar duties as a | 20 | | legislative liaison, Agency General Counsel, Agency Chief of | 21 | | Staff, Agency Executive Director, Agency Deputy Director, | 22 | | Agency Chief Fiscal Officer, Agency Human Resources Director, | 23 | | Public Information Officer, or Chief Information Officer and | 24 | | (ii) was neither included in a bargaining unit nor subject to | 25 | | an active petition for certification in a bargaining unit; any | 26 | | employee of a State agency who (i) is in a position that is |
| | | HB3473 | - 14 - | LRB102 14716 RJF 20069 b |
|
| 1 | | Rutan-exempt, as designated by the employer, and completely | 2 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 3 | | neither included in a bargaining unit nor subject to an active | 4 | | petition for certification in a bargaining unit; any term | 5 | | appointed employee of a State agency pursuant to Section 8b.18 | 6 | | or 8b.19 of the Personnel Code who was neither included in a | 7 | | bargaining unit nor subject to an active petition for | 8 | | certification in a bargaining unit; any employment position | 9 | | properly designated pursuant to Section 6.1 of this Act;
| 10 | | confidential employees; independent contractors; and | 11 | | supervisors except as
provided in this Act.
| 12 | | Home care
and home health workers who function as personal | 13 | | assistants and individual maintenance home health workers and | 14 | | who also work under the Home Services Program under Section 3 | 15 | | of the Rehabilitation of Persons with Disabilities Act shall | 16 | | not be considered
public
employees for any purposes not | 17 | | specifically provided for in Public Act 93-204 or Public Act | 18 | | 97-1158, including but not limited to, purposes of vicarious
| 19 | | liability in tort
and purposes of statutory retirement or | 20 | | health insurance benefits. Home care and home health workers | 21 | | who function as personal assistants and individual maintenance | 22 | | home health workers and who also work under the Home Services | 23 | | Program under Section 3 of the Rehabilitation of Persons with | 24 | | Disabilities Act shall not be covered by the State Employees
| 25 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 26 | | Child and day care home providers shall not be considered |
| | | HB3473 | - 15 - | LRB102 14716 RJF 20069 b |
|
| 1 | | public employees for any purposes not specifically provided | 2 | | for in this amendatory Act of the 94th General Assembly, | 3 | | including but not limited to, purposes of vicarious liability | 4 | | in tort and purposes of statutory retirement or health | 5 | | insurance benefits. Child and day care home providers shall | 6 | | not be covered by the State Employees Group Insurance Act of | 7 | | 1971. | 8 | | Notwithstanding Section 9, subsection (c), or any other | 9 | | provisions of
this Act, all peace officers above the rank of | 10 | | captain in
municipalities with more than 1,000,000 inhabitants | 11 | | shall be excluded
from this Act.
| 12 | | (o) Except as otherwise in subsection (o-5), "public | 13 | | employer" or "employer" means the State of Illinois; any
| 14 | | political subdivision of the State, unit of local government | 15 | | or school
district; authorities including departments, | 16 | | divisions, bureaus, boards,
commissions, or other agencies of | 17 | | the foregoing entities; and any person
acting within the scope | 18 | | of his or her authority, express or implied, on
behalf of those | 19 | | entities in dealing with its employees.
As of the effective | 20 | | date of the amendatory Act of the 93rd General Assembly,
but | 21 | | not
before, the State of Illinois shall be considered the | 22 | | employer of the 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. As of January 29, 2013 (the effective date |
| | | HB3473 | - 16 - | LRB102 14716 RJF 20069 b |
|
| 1 | | of Public Act 97-1158), but not before except as otherwise | 2 | | provided in this subsection (o), the State shall be considered | 3 | | the employer of home care and home health workers who function | 4 | | as personal assistants and individual maintenance home health | 5 | | workers and who also work under the Home Services Program | 6 | | under Section 3 of the Rehabilitation of Persons with | 7 | | Disabilities Act, no matter whether the State provides those | 8 | | services through direct fee-for-service arrangements, with the | 9 | | assistance of a managed care organization or other | 10 | | intermediary, or otherwise, but subject to the limitations set | 11 | | forth in this Act and the Rehabilitation of Persons with | 12 | | Disabilities Act. The State shall not
be
considered to be the | 13 | | employer of home care and home health workers who function as | 14 | | personal
assistants and individual maintenance home health | 15 | | workers and who also work under the Home Services Program | 16 | | under Section 3 of the Rehabilitation of Persons with | 17 | | Disabilities Act, for any
purposes not specifically provided | 18 | | for in Public Act 93-204 or Public Act 97-1158, including but | 19 | | not limited to, purposes of vicarious liability in tort
and
| 20 | | purposes of statutory retirement or health insurance benefits. | 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 shall | 25 | | not be covered by the State Employees Group
Insurance Act of | 26 | | 1971
(5 ILCS 375/).
As of the effective date of this amendatory |
| | | HB3473 | - 17 - | LRB102 14716 RJF 20069 b |
|
| 1 | | Act of the 94th General Assembly but not before, the State of | 2 | | Illinois shall be considered the employer of the day and child | 3 | | care home providers participating in the child care assistance | 4 | | program under Section 9A-11 of the Illinois Public Aid Code, | 5 | | subject to the limitations set forth in this Act and in Section | 6 | | 9A-11 of the Illinois Public Aid Code. The State shall not be | 7 | | considered to be the employer of child and day care home | 8 | | providers for any purposes not specifically provided for in | 9 | | this amendatory Act of the 94th General Assembly, including | 10 | | but not limited to, purposes of vicarious liability in tort | 11 | | and purposes of statutory retirement or health insurance | 12 | | benefits. Child and day care home providers shall not be | 13 | | covered by the State Employees Group Insurance Act of 1971. | 14 | | "Public employer" or
"employer" as used in this Act, | 15 | | however, does not
mean and shall not include the General | 16 | | Assembly of the State of Illinois,
the Executive Ethics | 17 | | Commission, the Offices of the Executive Inspectors
General, | 18 | | the Legislative Ethics Commission, the Office of the | 19 | | Legislative
Inspector General, the Office of the Auditor | 20 | | General's Inspector General, the Office of the Governor, the | 21 | | Governor's Office of Management and Budget, the Illinois | 22 | | Finance Authority, the Office of the Lieutenant Governor, the | 23 | | State Board of Elections, and educational employers or | 24 | | employers as defined in the Illinois
Educational Labor | 25 | | Relations Act, except with respect to a state university in
| 26 | | its employment of firefighters and peace officers and except |
| | | HB3473 | - 18 - | LRB102 14716 RJF 20069 b |
|
| 1 | | with respect to a school district in the employment of peace | 2 | | officers in its own police department in existence on the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly. County boards and county
sheriffs shall be
| 5 | | designated as joint or co-employers of county peace officers | 6 | | appointed
under the authority of a county sheriff. Nothing in | 7 | | this subsection
(o) shall be construed
to prevent the State | 8 | | Panel or the Local Panel
from determining that employers are | 9 | | joint or co-employers.
| 10 | | (o-5) With respect to
wages, fringe
benefits, hours, | 11 | | holidays, vacations, proficiency
examinations, sick leave, and | 12 | | other conditions of
employment, the public employer of public | 13 | | employees who are court reporters, as
defined in the Court | 14 | | Reporters Act, shall be determined as
follows:
| 15 | | (1) For court reporters employed by the Cook County | 16 | | Judicial
Circuit, the chief judge of the Cook County | 17 | | Circuit
Court is the public employer and employer | 18 | | representative.
| 19 | | (2) For court reporters employed by the 12th, 18th, | 20 | | 19th, and, on and after December 4, 2006, the 22nd | 21 | | judicial
circuits, a group consisting of the chief judges | 22 | | of those circuits, acting
jointly by majority vote, is the | 23 | | public employer and employer representative.
| 24 | | (3) For court reporters employed by all other judicial | 25 | | circuits,
a group consisting of the chief judges of those | 26 | | circuits, acting jointly by
majority vote, is the public |
| | | HB3473 | - 19 - | LRB102 14716 RJF 20069 b |
|
| 1 | | employer and employer representative.
| 2 | | (p) "Security employee" means an employee who is | 3 | | responsible for the
supervision and control of inmates at | 4 | | correctional facilities. The term
also includes other | 5 | | non-security employees in bargaining units having the
majority | 6 | | of employees being responsible for the supervision and control | 7 | | of
inmates at correctional facilities.
| 8 | | (q) "Short-term employee" means an employee who is | 9 | | employed for less
than 2 consecutive calendar quarters during | 10 | | a calendar year and who does
not have a reasonable assurance | 11 | | that he or she will be rehired by the
same employer for the | 12 | | same service in a subsequent calendar year.
| 13 | | (q-5) "State agency" means an agency directly responsible | 14 | | to the Governor, as defined in Section 3.1 of the Executive | 15 | | Reorganization Implementation Act, and the Illinois Commerce | 16 | | Commission, the Illinois Workers' Compensation Commission, the | 17 | | Civil Service Commission, the Pollution Control Board, the | 18 | | Illinois Racing Board, and the Department of State Police | 19 | | Merit Board. | 20 | | (r) "Supervisor" is: | 21 | | (1) An employee whose principal work is substantially
| 22 | | different from that of his or her subordinates and who has | 23 | | authority, in the
interest of the employer, to hire, | 24 | | transfer, suspend, lay off, recall,
promote, discharge, | 25 | | direct, reward, or discipline employees, to adjust
their | 26 | | grievances, or to effectively recommend any of those |
| | | HB3473 | - 20 - | LRB102 14716 RJF 20069 b |
|
| 1 | | actions without independent review by others , if the
| 2 | | exercise
of that authority is not of a merely routine or | 3 | | clerical nature, but
requires the consistent use of | 4 | | independent judgment on behalf of the employer . The | 5 | | authority to assign is not an indication of supervisory | 6 | | status. Except with respect to
police employment, the term | 7 | | "supervisor" includes only those individuals
who devote a | 8 | | majority preponderance of their employment time to the | 9 | | actual exercise of exercising that
authority , State | 10 | | supervisors notwithstanding . Determinations of supervisor | 11 | | status shall be based on actual employee job duties and | 12 | | not on written job descriptions. Nothing in this | 13 | | definition prohibits an individual from also meeting the | 14 | | definition of "managerial employee" under subsection (j) | 15 | | of this Section. In addition, in determining
supervisory | 16 | | status in police employment, rank shall not be | 17 | | determinative.
The Board shall consider, as evidence of | 18 | | bargaining unit inclusion or
exclusion, the common law | 19 | | enforcement policies and relationships between
police | 20 | | officer ranks and certification under applicable civil | 21 | | service law,
ordinances, personnel codes, or Division 2.1 | 22 | | of Article 10 of the Illinois
Municipal Code, but these | 23 | | factors shall not
be the sole or predominant factors | 24 | | considered by the Board in determining
police supervisory | 25 | | status.
Subject to the following provisions of this | 26 | | subsection (r), the definition of "supervisor" herein |
| | | HB3473 | - 21 - | LRB102 14716 RJF 20069 b |
|
| 1 | | applies to all public employees.
| 2 | | Notwithstanding the provisions of the preceding | 3 | | paragraph, in determining
supervisory status in fire | 4 | | fighter employment, no fire fighter shall be
excluded as a | 5 | | supervisor who has established representation rights under
| 6 | | Section 9 of this Act. Further, in new fire fighter units, | 7 | | employees shall
consist of fire fighters of the rank of | 8 | | company officer and below. If a company officer otherwise | 9 | | qualifies as a supervisor under the preceding paragraph, | 10 | | however, he or she shall
not be included in the fire | 11 | | fighter
unit. If there is no rank between that of chief and | 12 | | the
highest company officer, the employer may designate a | 13 | | position on each
shift as a Shift Commander, and the | 14 | | persons occupying those positions shall
be supervisors. | 15 | | All other ranks above that of company officer shall be
| 16 | | 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 |
| | | HB3473 | - 22 - | LRB102 14716 RJF 20069 b |
|
| 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 Department | 11 | | of
State Police, a bargaining unit determined by the Board | 12 | | shall not include both
employees and supervisors, or | 13 | | supervisors only, except as provided in paragraph
(2) of this | 14 | | subsection (s) and except for bargaining units in existence on | 15 | | July
1, 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 Department of
State | 19 | | Police, a bargaining unit determined by the Board shall not | 20 | | include both
supervisors and nonsupervisors, or supervisors | 21 | | only, except as provided in
paragraph (2) of this subsection | 22 | | (s) and except for bargaining units in
existence on January 1, | 23 | | 1986 (the effective date of this amendatory Act of
1985). A | 24 | | bargaining unit determined by the Board to contain peace | 25 | | officers
shall contain no employees other than peace officers | 26 | | unless otherwise agreed to
by the employer and the labor |
| | | HB3473 | - 23 - | LRB102 14716 RJF 20069 b |
|
| 1 | | organization or labor organizations involved.
Notwithstanding | 2 | | any other provision of this Act, a bargaining unit, including | 3 | | a
historical bargaining unit, containing sworn peace officers | 4 | | of the Department
of Natural Resources (formerly designated | 5 | | the Department of Conservation) shall
contain no employees | 6 | | other than such sworn peace officers upon the effective
date | 7 | | of this amendatory Act of 1990 or upon the expiration date of | 8 | | any
collective bargaining agreement in effect upon the | 9 | | effective date of this
amendatory Act of 1990 covering both | 10 | | such sworn peace officers and other
employees.
In bargaining | 11 | | units created after the effective date of this amendatory Act | 12 | | of the 102nd General Assembly, a bargaining unit determined by | 13 | | the Board shall not include both employees and managerial | 14 | | employees, or managerial employees only, except as provided in | 15 | | paragraph (4) of this subsection (s).
| 16 | | (2) Notwithstanding the exclusion of supervisors from | 17 | | bargaining units
as provided in paragraph (1) of this | 18 | | subsection (s), a public
employer may agree to permit its | 19 | | supervisory employees to form bargaining units
and may bargain | 20 | | with those units. This Act shall apply if the public employer
| 21 | | chooses to bargain under this subsection.
Changes to | 22 | | bargaining units formed under this paragraph (2) shall be made | 23 | | only in accordance with Section 9.
| 24 | | (3) Public employees who are court reporters, as defined
| 25 | | in the Court Reporters Act,
shall be divided into 3 units for | 26 | | collective bargaining purposes. One unit
shall be court |
| | | HB3473 | - 24 - | LRB102 14716 RJF 20069 b |
|
| 1 | | reporters employed by the Cook County Judicial Circuit; one
| 2 | | unit shall be court reporters employed by the 12th, 18th, | 3 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 4 | | circuits; and one unit shall be court reporters employed by | 5 | | all other
judicial circuits.
| 6 | | (4) Notwithstanding the exclusion of managerial employees | 7 | | from bargaining units as provided in paragraph (1) of this | 8 | | subsection (s), a public employer may agree to permit its | 9 | | managerial employees to form bargaining units and may bargain | 10 | | with those units. This Act shall apply if the public employer | 11 | | chooses to bargain under this subsection (s). Changes to | 12 | | bargaining units formed under this paragraph (4) shall be made | 13 | | only in accordance with Section 9. | 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; |
| | | HB3473 | - 25 - | LRB102 14716 RJF 20069 b |
|
| 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. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
| 6 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 7 | | Sec. 9. Elections; recognition.
| 8 | | (a) Whenever in accordance with such
regulations as may be | 9 | | prescribed by the Board a petition has been filed:
| 10 | | (1) by a public employee or group of public employees | 11 | | or any labor
organization acting in their behalf | 12 | | demonstrating that 30% of the public
employees in an | 13 | | appropriate unit (A) wish to be represented for the
| 14 | | purposes of collective bargaining by a labor organization | 15 | | as exclusive
representative, or (B) asserting that the | 16 | | labor organization which has been
certified or is | 17 | | currently recognized by the public employer as bargaining
| 18 | | representative is no longer the representative of the | 19 | | majority of public
employees in the unit; or
| 20 | | (2) by a public employer alleging that one or more | 21 | | labor organizations
have presented to it a claim that they | 22 | | be recognized as the representative
of a majority of the | 23 | | public employees in an appropriate unit,
| 24 | | the Board
shall investigate such petition, and if it has | 25 | | reasonable cause to believe
that a question of representation |
| | | HB3473 | - 26 - | LRB102 14716 RJF 20069 b |
|
| 1 | | exists, shall provide for an appropriate
hearing upon due | 2 | | notice. Such hearing shall be held at the offices of
the Board | 3 | | or such other location as the Board deems appropriate.
If it | 4 | | finds upon the record of the hearing that a question of
| 5 | | representation exists, it shall direct an election in | 6 | | accordance with
subsection (d) of this Section, which election | 7 | | shall be held not later than
120 days after the date the | 8 | | petition was filed regardless of whether that
petition was | 9 | | filed before or after the effective date of this amendatory
| 10 | | Act of 1987; provided, however, the Board may extend the time | 11 | | for holding an
election by an additional 60 days if, upon | 12 | | motion by a person who has filed
a petition under this Section | 13 | | or is the subject of a petition filed under
this Section and is | 14 | | a party to such hearing, or upon the Board's own
motion, the | 15 | | Board finds that good cause has been shown for extending the
| 16 | | election date; provided further, that nothing in this Section | 17 | | shall prohibit
the Board, in its discretion, from extending | 18 | | the time for holding an
election for so long as may be | 19 | | necessary under the circumstances, where the
purpose for such | 20 | | extension is to permit resolution by the Board of an
unfair | 21 | | labor practice charge filed by one of the parties to a
| 22 | | representational proceeding against the other based upon | 23 | | conduct which may
either affect the existence of a question | 24 | | concerning representation or have
a tendency to interfere with | 25 | | a fair and free election, where the party
filing the charge has | 26 | | not filed a request to proceed with the election; and
provided |
| | | HB3473 | - 27 - | LRB102 14716 RJF 20069 b |
|
| 1 | | further that prior to the expiration of the total time | 2 | | allotted
for holding an election, a person who has filed a | 3 | | petition under this
Section or is the subject of a petition | 4 | | filed under this Section and is a
party to such hearing or the | 5 | | Board, may move for and obtain the entry
of an order in the | 6 | | circuit court of the county in which the majority of the
public | 7 | | employees sought to be represented by such person reside, such | 8 | | order
extending the date upon which the election shall be | 9 | | held. Such order shall
be issued by the circuit court only upon | 10 | | a judicial finding that there has
been a sufficient showing | 11 | | that there is good cause to extend the election
date beyond | 12 | | such period and shall require the Board to hold the
election as | 13 | | soon as is feasible given the totality of the circumstances.
| 14 | | Such 120 day period may be extended one or more times by the | 15 | | agreement
of all parties to the hearing to a date certain | 16 | | without the necessity of
obtaining a court order. Nothing in | 17 | | this Section prohibits the waiving
of hearings by stipulation | 18 | | for the purpose of a consent election in conformity
with the | 19 | | rules and regulations of the Board or an election in a unit | 20 | | agreed
upon by the parties. Other interested employee | 21 | | organizations may intervene
in the proceedings in the manner | 22 | | and within the time period specified by
rules and regulations | 23 | | of the Board. Interested parties who are necessary
to the | 24 | | proceedings may also intervene in the proceedings in the | 25 | | manner and
within the time period specified by the rules and | 26 | | regulations of the Board.
|
| | | HB3473 | - 28 - | LRB102 14716 RJF 20069 b |
|
| 1 | | (a-5) The Board shall designate an exclusive | 2 | | representative for purposes
of
collective bargaining when the | 3 | | representative demonstrates a showing of
majority interest by | 4 | | employees in the unit. If the parties to a dispute are
without
| 5 | | agreement on the means to ascertain the choice, if any, of | 6 | | employee
organization
as their representative, the Board shall | 7 | | ascertain the employees' choice of
employee organization, on | 8 | | the basis of dues deduction authorization or other
evidence, | 9 | | or, if necessary, by conducting an election. All evidence | 10 | | submitted by an employee organization to the Board to | 11 | | ascertain an employee's choice of an employee organization is | 12 | | confidential and shall not be submitted to the employer for | 13 | | review. The Board shall ascertain the employee's choice of | 14 | | employee organization within 120 days after the filing of the | 15 | | majority interest petition; however, the Board may extend time | 16 | | by an additional 60 days, upon its own motion or upon the | 17 | | motion of a party to the proceeding. If either party provides
| 18 | | to the Board, before the designation of a representative, | 19 | | clear and convincing
evidence that the dues deduction | 20 | | authorizations, and other evidence upon which
the Board would | 21 | | otherwise rely to ascertain the employees' choice of
| 22 | | representative, are fraudulent or were obtained through | 23 | | coercion, the Board
shall promptly thereafter conduct an | 24 | | election. The Board shall also investigate
and consider a | 25 | | party's allegations that the dues deduction authorizations and
| 26 | | other evidence submitted in support of a designation of |
| | | HB3473 | - 29 - | LRB102 14716 RJF 20069 b |
|
| 1 | | representative without
an election were subsequently changed, | 2 | | altered, withdrawn, or withheld as a
result of employer fraud, | 3 | | coercion, or any other unfair labor practice by the
employer. | 4 | | If the Board determines that a labor organization would have | 5 | | had a
majority interest but for an employer's fraud, coercion, | 6 | | or unfair labor
practice, it shall designate the labor | 7 | | organization as an exclusive
representative without conducting | 8 | | an
election. If a hearing is necessary to resolve any issues of | 9 | | representation under this Section, the Board shall conclude | 10 | | its hearing process and issue a certification of the entire | 11 | | appropriate unit not later than 120 days after the date the | 12 | | petition was filed. The 120-day period may be extended one or | 13 | | more times by the agreement of all parties to a hearing to a | 14 | | date certain.
| 15 | | (a-6) A labor organization or an employer may file a unit | 16 | | clarification petition seeking to clarify an existing | 17 | | bargaining unit. Unit clarification petitions may be filed | 18 | | only if: (1) substantial changes occur in the duties and | 19 | | functions of an existing job title, raising an issue as to the | 20 | | title's unit placement; (2) an existing job title that is | 21 | | logically encompassed within the existing unit was | 22 | | inadvertently excluded by the parties at the time the unit was | 23 | | established; (3) a newly created job title is logically | 24 | | encompassed within an existing unit; (4) a significant change | 25 | | takes place in statutory law that affects the bargaining | 26 | | rights of employees; (5) a determination needs to be made as to |
| | | HB3473 | - 30 - | LRB102 14716 RJF 20069 b |
|
| 1 | | the unit placement of positions in dispute following a | 2 | | majority interest certification of representative issued under | 3 | | subsection (a-5); (6) a determination needs to be made as to | 4 | | the unit placement of positions in dispute following a | 5 | | certification of representative issued following a direction | 6 | | of election under subsection (d); (7) the parties have agreed | 7 | | to eliminate a position or title because the employer no | 8 | | longer uses it; or (8) the parties have agreed to exclude some | 9 | | of the positions in a title or classification from a | 10 | | bargaining unit and include others. The Board shall conclude | 11 | | its investigation, including any hearing process deemed | 12 | | necessary, and issue a certification of clarified unit or | 13 | | dismiss the petition not later than 120 days after the date the | 14 | | petition was filed. The 120-day period may be extended one or | 15 | | more times by the agreement of all parties to a hearing to a | 16 | | date certain. | 17 | | (b) The Board shall decide in each case, in order to assure | 18 | | public employees
the fullest freedom in exercising the rights | 19 | | guaranteed by this Act, a unit
appropriate for the purpose of | 20 | | collective bargaining, based upon but not
limited to such | 21 | | factors as: historical pattern of recognition; community
of | 22 | | interest including employee skills and functions; degree of | 23 | | functional
integration; interchangeability and contact among | 24 | | employees; fragmentation
of employee groups; common | 25 | | supervision, wages, hours and other working
conditions of the | 26 | | employees involved; and the desires of the employees.
For |
| | | HB3473 | - 31 - | LRB102 14716 RJF 20069 b |
|
| 1 | | purposes of this subsection, fragmentation shall not be the | 2 | | sole or
predominant factor used by the Board in determining an | 3 | | appropriate
bargaining unit. Except with respect to non-State | 4 | | fire fighters and
paramedics employed by fire departments and | 5 | | fire protection districts,
non-State peace officers and peace | 6 | | officers in the State
Department of State Police, a single | 7 | | bargaining unit determined by the
Board may not include both | 8 | | supervisors and nonsupervisors, except for
bargaining units in | 9 | | existence on the effective date of this Act. With
respect to | 10 | | non-State fire fighters and paramedics employed by fire
| 11 | | departments and fire protection districts, non-State peace | 12 | | officers and
peace officers in the State Department of State | 13 | | Police, a single bargaining
unit determined by the Board may | 14 | | not include both supervisors and
nonsupervisors, except for | 15 | | bargaining units in existence on the effective
date of this | 16 | | amendatory Act of 1985.
| 17 | | In cases involving an historical pattern of recognition, | 18 | | and in cases where
the employer has recognized the union as the | 19 | | sole and exclusive bargaining
agent for a specified existing | 20 | | unit, the Board shall find the employees
in the unit then | 21 | | represented by the union pursuant to the recognition to
be the | 22 | | appropriate unit.
| 23 | | Notwithstanding the above factors, where the majority of | 24 | | public employees
of a craft so decide, the Board shall | 25 | | designate such craft as a unit
appropriate for the purposes of | 26 | | collective bargaining.
|
| | | HB3473 | - 32 - | LRB102 14716 RJF 20069 b |
|
| 1 | | The Board shall not decide that any unit is appropriate if | 2 | | such unit
includes both professional and nonprofessional | 3 | | employees, unless a majority
of each group votes for inclusion | 4 | | in such unit.
| 5 | | In describing the unit found appropriate for purposes of | 6 | | collective bargaining, the Board shall, at a party's request, | 7 | | describe the unit in job function terms rather than by job | 8 | | titles. Unit descriptions may also include those currently | 9 | | existing job titles that perform the job functions. A | 10 | | bargaining unit shall also include positions later filled that | 11 | | perform the job functions of a unit and job titles later | 12 | | created that: (i) are successor job titles to the currently | 13 | | existing job titles; (ii) perform the same or substantially | 14 | | similar job functions as the currently existing job titles; or | 15 | | (iii) are logically encompassed within an existing unit. The | 16 | | provisions of this paragraph shall apply to bargaining units | 17 | | in existence on the effective date of this amendatory Act of | 18 | | the 102nd General Assembly. | 19 | | (c) Nothing in this Act shall interfere with or negate the | 20 | | current
representation rights or patterns and practices of | 21 | | labor organizations
which have historically represented public | 22 | | employees for the purpose of
collective bargaining, including | 23 | | but not limited to the negotiations of
wages, hours and | 24 | | working conditions, discussions of employees' grievances,
| 25 | | resolution of jurisdictional disputes, or the establishment | 26 | | and maintenance
of prevailing wage rates, unless a majority of |
| | | HB3473 | - 33 - | LRB102 14716 RJF 20069 b |
|
| 1 | | employees so represented
express a contrary desire pursuant to | 2 | | the procedures set forth in this Act.
| 3 | | (d) In instances where the employer does not voluntarily | 4 | | recognize a labor
organization as the exclusive bargaining | 5 | | representative for a unit of
employees, the Board shall | 6 | | determine the majority representative of the
public employees | 7 | | in an appropriate collective bargaining unit by conducting
a | 8 | | secret ballot election, except as otherwise provided in | 9 | | subsection (a-5).
Within 7 days after the Board issues its
| 10 | | bargaining unit determination and direction of election or the | 11 | | execution of
a stipulation for the purpose of a consent | 12 | | election, the public employer
shall submit to the labor | 13 | | organization the complete names and addresses of
those | 14 | | employees who are determined by the Board to be eligible to
| 15 | | participate in the election. When the Board has determined | 16 | | that a labor
organization has been fairly and freely chosen by | 17 | | a majority of employees
in an appropriate unit, it shall | 18 | | certify such organization as the exclusive
representative. If | 19 | | the Board determines that a majority of employees in an
| 20 | | appropriate unit has fairly and freely chosen not to be | 21 | | represented by a
labor organization, it shall so certify. The | 22 | | Board may also revoke the
certification of the public employee | 23 | | organizations as exclusive bargaining
representatives which | 24 | | have been found by a secret ballot election to be no
longer the | 25 | | majority representative.
| 26 | | (e) The Board shall not conduct an election in any |
| | | HB3473 | - 34 - | LRB102 14716 RJF 20069 b |
|
| 1 | | bargaining unit or
any subdivision thereof within which a | 2 | | valid election has been held in the
preceding 12-month period. | 3 | | The Board shall determine who is eligible to
vote in an | 4 | | election and shall establish rules governing the conduct of | 5 | | the
election or conduct affecting the results of the election. | 6 | | The Board shall
include on a ballot in a representation | 7 | | election a choice of "no
representation". A labor organization | 8 | | currently representing the bargaining
unit of employees shall | 9 | | be placed on the ballot in any representation
election. In any | 10 | | election where none of the choices on the ballot receives
a | 11 | | majority, a runoff election shall be conducted between the 2 | 12 | | choices
receiving the largest number of valid votes cast in | 13 | | the election. A labor
organization which receives a majority | 14 | | of the votes cast in an election
shall be certified by the | 15 | | Board as exclusive representative of all public
employees in | 16 | | the unit.
| 17 | | (f) A labor
organization shall be designated as the | 18 | | exclusive representative by a
public employer, provided that | 19 | | the labor
organization represents a majority of the public | 20 | | employees in an
appropriate unit. Any employee organization | 21 | | which is designated or selected
by the majority of public | 22 | | employees, in a unit of the public employer
having no other | 23 | | recognized or certified representative, as their
| 24 | | representative for purposes of collective bargaining may | 25 | | request
recognition by the public employer in writing. The | 26 | | public employer shall
post such request for a period of at |
| | | HB3473 | - 35 - | LRB102 14716 RJF 20069 b |
|
| 1 | | least 20 days following its receipt
thereof on bulletin boards | 2 | | or other places used or reserved for employee
notices.
| 3 | | (g) Within the 20-day period any other interested employee | 4 | | organization
may petition the Board in the manner specified by | 5 | | rules and regulations
of the Board, provided that such | 6 | | interested employee organization has been
designated by at | 7 | | least 10% of the employees in an appropriate bargaining
unit | 8 | | which includes all or some of the employees in the unit | 9 | | recognized
by the employer. In such event, the Board shall | 10 | | proceed with the petition
in the same manner as provided by | 11 | | paragraph (1) of subsection (a) of this
Section.
| 12 | | (h) No election shall be directed by the Board in any | 13 | | bargaining unit
where there is in force a valid collective | 14 | | bargaining agreement. The Board,
however, may process an | 15 | | election petition filed between 90 and 60 days prior
to the | 16 | | expiration of the date of an agreement, and may further | 17 | | refine, by
rule or decision, the implementation of this | 18 | | provision.
Where more than 4 years have elapsed since the | 19 | | effective date of the agreement,
the agreement shall continue | 20 | | to bar an election, except that the Board may
process an | 21 | | election petition filed between 90 and 60 days prior to the end | 22 | | of
the fifth year of such an agreement, and between 90 and 60 | 23 | | days prior to the
end of each successive year of such | 24 | | agreement.
| 25 | | (i) An order of the Board dismissing a representation | 26 | | petition,
determining and certifying that a labor organization |
| | | HB3473 | - 36 - | LRB102 14716 RJF 20069 b |
|
| 1 | | has been fairly and
freely chosen by a majority of employees in | 2 | | an appropriate bargaining unit,
determining and certifying | 3 | | that a labor organization has not been fairly
and freely | 4 | | chosen by a majority of employees in the bargaining unit or
| 5 | | certifying a labor organization as the exclusive | 6 | | representative of
employees in an appropriate bargaining unit | 7 | | because of a determination by
the Board that the labor | 8 | | organization is the historical bargaining
representative of | 9 | | employees in the bargaining unit, is a final order. Any
person | 10 | | aggrieved by any such order issued on or after the effective | 11 | | date of
this amendatory Act of 1987 may apply for and obtain | 12 | | judicial review in
accordance with provisions of the | 13 | | Administrative Review Law, as now or
hereafter amended, except | 14 | | that such review shall be afforded directly in
the Appellate | 15 | | Court for the district in which the aggrieved party resides
or | 16 | | transacts business.
Any direct appeal to the Appellate Court | 17 | | shall be filed within 35 days from
the date that a copy of the | 18 | | decision sought to be reviewed was served upon the
party | 19 | | affected by the decision.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| 21 | | (5 ILCS 315/21.5) | 22 | | Sec. 21.5. Termination of certain agreements after | 23 | | constitutional officers take office. | 24 | | (a) No collective bargaining agreement entered into, on or | 25 | | after the effective date of this amendatory Act of the 96th |
| | | HB3473 | - 37 - | LRB102 14716 RJF 20069 b |
|
| 1 | | General Assembly between an executive branch constitutional | 2 | | officer or any agency or department of an executive branch | 3 | | constitutional officer and a labor organization may extend | 4 | | more than 12 months after the date on beyond June 30th of the | 5 | | year in which the terms of office of executive branch | 6 | | constitutional officers begin. | 7 | | (b) No collective bargaining agreement entered into, on or | 8 | | after the effective date of this amendatory Act of the 96th | 9 | | General Assembly between an executive branch constitutional | 10 | | officer or any agency or department of an executive branch | 11 | | constitutional officer and a labor organization may provide | 12 | | for an increase in salary, wages, or benefits starting on or | 13 | | after the first day of the terms of office of executive branch | 14 | | constitutional officers and ending June 30th of that same | 15 | | year. The provisions of this subsection (b) shall not apply to | 16 | | salary, pay schedules, or benefits that would continue because | 17 | | of the duty to maintain the status quo and to bargain in good | 18 | | faith. | 19 | | (c) Any collective bargaining agreement in violation of | 20 | | this Section is terminated and rendered null and void by | 21 | | operation of law. | 22 | | (d) For purposes of this Section, "executive branch | 23 | | constitutional officer" has the same meaning as that term is | 24 | | defined in the State Officials and Employees Ethics Act.
| 25 | | (Source: P.A. 96-1529, eff. 2-16-11.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
| | | HB3473 | - 38 - | LRB102 14716 RJF 20069 b |
|
| 1 | | becoming law.
|
|