Full Text of SB0670 099th General Assembly
SB0670 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0670 Introduced 2/3/2015, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 |
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Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Limits the provisions of the amendatory Act to a county with a population of more than 500,000 and municipalities that lie in whole or in part within such a county. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 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 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 other | 15 | | conditions of employment,
as detailed in Section 7 and which | 16 | | 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 access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
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| 1 | | (c-5) In addition to the provisions set forth in subsection | 2 | | (c) of this Section, a secretary, assistant, or one of like | 3 | | position to a person who formulates, determines, and | 4 | | effectuates labor relations policy is presumed to be a | 5 | | "confidential employee". The following is considered to be a | 6 | | person who formulates, determines, and effectuates labor | 7 | | relations policy under the Act: (i) the mayor, village | 8 | | president, county board president, county board chairman, or | 9 | | other chief executive officer of a unit of local government, | 10 | | and (ii) any village or city manager or village or city | 11 | | administrator, or anyone in a like position in any unit of | 12 | | local government. | 13 | | The provisions of this subsection (c-5) apply only to a | 14 | | county with a population of more than 500,000 and | 15 | | municipalities that lie in whole or in part within such a | 16 | | county. Nothing in this subsection (c-5) shall affect the | 17 | | employee status of individuals who were covered by a collective | 18 | | bargaining agreement on the effective date of this amendatory | 19 | | Act of the 99th General Assembly. | 20 | | (d) "Craft employees" means skilled journeymen, crafts | 21 | | persons, and their
apprentices and helpers.
| 22 | | (e) "Essential services employees" means those public | 23 | | employees
performing functions so essential that the | 24 | | interruption or termination of
the function will constitute a | 25 | | clear and present danger to the health and
safety of the | 26 | | persons in the affected community.
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| 1 | | (f) "Exclusive representative", except with respect to | 2 | | non-State fire
fighters and paramedics employed by fire | 3 | | departments and fire protection
districts, non-State peace | 4 | | officers, and peace officers in the
Department of State Police, | 5 | | means the labor organization that has
been (i) designated by | 6 | | the Board as the representative of a majority of public
| 7 | | employees in an appropriate bargaining unit in accordance with | 8 | | the procedures
contained in this Act, (ii) historically
| 9 | | recognized by the State of Illinois or
any political | 10 | | subdivision of the State before July 1, 1984
(the effective | 11 | | date of this
Act) as the exclusive representative of the | 12 | | employees in an appropriate
bargaining unit, (iii) after July | 13 | | 1, 1984 (the
effective date of this Act) recognized by an
| 14 | | employer upon evidence, acceptable to the Board, that the labor
| 15 | | organization has been designated as the exclusive | 16 | | representative by a
majority of the employees in an appropriate | 17 | | bargaining unit;
(iv) recognized as the exclusive | 18 | | representative of personal
assistants under Executive Order | 19 | | 2003-8 prior to the effective date of this
amendatory
Act of | 20 | | the 93rd General Assembly, and the organization shall be | 21 | | considered to
be the
exclusive representative of the personal | 22 | | assistants
as defined
in this Section; or (v) recognized as the | 23 | | exclusive representative of child and day care home providers, | 24 | | including licensed and license exempt providers, pursuant to an | 25 | | election held under Executive Order 2005-1 prior to the | 26 | | effective date of this amendatory Act of the 94th General |
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| 1 | | Assembly, and the organization shall be considered to be the | 2 | | exclusive representative of the child and day care home | 3 | | providers as defined in this Section.
| 4 | | With respect to non-State fire fighters and paramedics | 5 | | employed by fire
departments and fire protection districts, | 6 | | non-State peace officers, and
peace officers in the Department | 7 | | of State Police,
"exclusive representative" means the labor | 8 | | organization that has
been (i) designated by the Board as the | 9 | | representative of a majority of peace
officers or fire fighters | 10 | | in an appropriate bargaining unit in accordance
with the | 11 | | procedures contained in this Act, (ii)
historically recognized
| 12 | | by the State of Illinois or any political subdivision of the | 13 | | State before
January 1, 1986 (the effective date of this | 14 | | amendatory Act of 1985) as the exclusive
representative by a | 15 | | majority of the peace officers or fire fighters in an
| 16 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 17 | | (the effective date of this amendatory
Act of 1985) recognized | 18 | | by an employer upon evidence, acceptable to the
Board, that the | 19 | | labor organization has been designated as the exclusive
| 20 | | representative by a majority of the peace officers or fire | 21 | | fighters in an
appropriate bargaining unit.
| 22 | | Where a historical pattern of representation exists for the | 23 | | workers of a water system that was owned by a public utility, | 24 | | as defined in Section 3-105 of the Public Utilities Act, prior | 25 | | to becoming certified employees of a municipality or | 26 | | municipalities once the municipality or municipalities have |
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| 1 | | acquired the water system as authorized in Section 11-124-5 of | 2 | | the Illinois Municipal Code, the Board shall find the labor | 3 | | organization that has historically represented the workers to | 4 | | be the exclusive representative under this Act, and shall find | 5 | | the unit represented by the exclusive representative to be the | 6 | | appropriate unit. | 7 | | (g) "Fair share agreement" means an agreement between the | 8 | | employer and
an employee organization under which all or any of | 9 | | the employees in a
collective bargaining unit are required to | 10 | | pay their proportionate share of
the costs of the collective | 11 | | bargaining process, contract administration, and
pursuing | 12 | | matters affecting wages, hours, and other conditions of | 13 | | employment,
but not to exceed the amount of dues uniformly | 14 | | required of members. The
amount certified by the exclusive | 15 | | representative shall not include any fees
for contributions | 16 | | related to the election or support of any candidate for
| 17 | | political office. Nothing in this subsection (g) shall
preclude | 18 | | an employee from making
voluntary political contributions in | 19 | | conjunction with his or her fair share
payment.
| 20 | | (g-1) "Fire fighter" means, for the purposes of this Act | 21 | | only, any
person who has been or is hereafter appointed to a | 22 | | fire department or fire
protection district or employed by a | 23 | | state university and sworn or
commissioned to perform fire | 24 | | fighter duties or paramedic duties, except that the
following | 25 | | persons are not included: part-time fire fighters,
auxiliary, | 26 | | reserve or voluntary fire fighters, including paid on-call fire
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| 1 | | fighters, clerks and dispatchers or other civilian employees of | 2 | | a fire
department or fire protection district who are not | 3 | | routinely expected to
perform fire fighter duties, or elected | 4 | | officials.
| 5 | | (g-2) "General Assembly of the State of Illinois" means the
| 6 | | legislative branch of the government of the State of Illinois, | 7 | | as provided
for under Article IV of the Constitution of the | 8 | | State of Illinois, and
includes but is not limited to the House | 9 | | of Representatives, the Senate,
the Speaker of the House of | 10 | | Representatives, the Minority Leader of the
House of | 11 | | Representatives, the President of the Senate, the Minority | 12 | | Leader
of the Senate, the Joint Committee on Legislative | 13 | | Support Services and any
legislative support services agency | 14 | | listed in the Legislative Commission
Reorganization Act of | 15 | | 1984.
| 16 | | (h) "Governing body" means, in the case of the State, the | 17 | | State Panel of
the Illinois Labor Relations Board, the Director | 18 | | of the Department of Central
Management Services, and the | 19 | | Director of the Department of Labor; the county
board in the | 20 | | case of a county; the corporate authorities in the case of a
| 21 | | municipality; and the appropriate body authorized to provide | 22 | | for expenditures
of its funds in the case of any other unit of | 23 | | government.
| 24 | | (i) "Labor organization" means any organization in which | 25 | | public employees
participate and that exists for the purpose, | 26 | | in whole or in part, of dealing
with a public employer |
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| 1 | | concerning wages, hours, and other terms and conditions
of | 2 | | employment, including the settlement of grievances.
| 3 | | (i-5) "Legislative liaison" means a person who is an | 4 | | employee of a State agency, the Attorney General, the Secretary | 5 | | of State, the Comptroller, or the Treasurer, as the case may | 6 | | be, and whose job duties require the person to regularly | 7 | | communicate in the course of his or her employment with any | 8 | | official or staff of the General Assembly of the State of | 9 | | Illinois for the purpose of influencing any legislative action. | 10 | | (j) "Managerial employee" means an individual who is | 11 | | engaged
predominantly in executive and management functions | 12 | | and is charged with the
responsibility of directing the | 13 | | effectuation of management policies
and practices. With | 14 | | respect only to State employees in positions under the | 15 | | jurisdiction of the Attorney General, Secretary of State, | 16 | | Comptroller, or Treasurer (i) that were certified in a | 17 | | bargaining unit on or after December 2, 2008, (ii) for which a | 18 | | petition is filed with the Illinois Public Labor Relations | 19 | | Board on or after April 5, 2013 (the effective date of Public | 20 | | Act 97-1172), or (iii) for which a petition is pending before | 21 | | the Illinois Public Labor Relations Board on that date, | 22 | | "managerial employee" means an individual who is engaged in | 23 | | executive and management functions or who is charged with the | 24 | | effectuation of management policies and practices or who | 25 | | represents management interests by taking or recommending | 26 | | discretionary actions that effectively control or implement |
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| 1 | | policy. Nothing in this definition prohibits an individual from | 2 | | also meeting the definition of "supervisor" under subsection | 3 | | (r) of this Section.
| 4 | | (k) "Peace officer" means, for the purposes of this Act | 5 | | only, any
persons who have been or are hereafter appointed to a | 6 | | police force,
department, or agency and sworn or commissioned | 7 | | to perform police duties,
except that the following persons are | 8 | | not
included: part-time police
officers, special police | 9 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 10 | | the Illinois Municipal Code, night watchmen, "merchant | 11 | | police",
court security officers as defined by Section 3-6012.1 | 12 | | of the Counties
Code,
temporary employees, traffic guards or | 13 | | wardens, civilian parking meter and
parking facilities | 14 | | personnel or other individuals specially appointed to
aid or | 15 | | direct traffic at or near schools or public functions or to aid | 16 | | in
civil defense or disaster, parking enforcement employees who | 17 | | are not
commissioned as peace officers and who are not armed | 18 | | and who are not
routinely expected to effect arrests, parking | 19 | | lot attendants, clerks and
dispatchers or other civilian | 20 | | employees of a police department who are not
routinely expected | 21 | | to effect arrests, or elected officials.
| 22 | | (l) "Person" includes one or more individuals, labor | 23 | | organizations, public
employees, associations, corporations, | 24 | | legal representatives, trustees,
trustees in bankruptcy, | 25 | | receivers, or the State of Illinois or any political
| 26 | | subdivision of the State or governing body, but does not |
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| 1 | | include the General
Assembly of the State of Illinois or any | 2 | | individual employed by the General
Assembly of the State of | 3 | | Illinois.
| 4 | | (m) "Professional employee" means any employee engaged in | 5 | | work predominantly
intellectual and varied in character rather | 6 | | than routine mental, manual,
mechanical or physical work; | 7 | | involving the consistent exercise of discretion
and adjustment | 8 | | in its performance; of such a character that the output | 9 | | produced
or the result accomplished cannot be standardized in | 10 | | relation to a given
period of time; and requiring advanced | 11 | | knowledge in a field of science or
learning customarily | 12 | | acquired by a prolonged course of specialized intellectual
| 13 | | instruction and study in an institution of higher learning or a | 14 | | hospital,
as distinguished from a general academic education or | 15 | | from apprenticeship
or from training in the performance of | 16 | | routine mental, manual, or physical
processes; or any employee | 17 | | who has completed the courses of specialized
intellectual | 18 | | instruction and study prescribed in this subsection (m) and is
| 19 | | performing related
work under the supervision of a professional | 20 | | person to qualify to become
a professional employee as defined | 21 | | in this subsection (m).
| 22 | | (n) "Public employee" or "employee", for the purposes of | 23 | | this Act, means
any individual employed by a public employer, | 24 | | including (i) interns and residents
at public hospitals, (ii) | 25 | | as of the effective date of this amendatory Act of the 93rd | 26 | | General
Assembly, but not
before, personal assistants working |
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| 1 | | under the Home
Services
Program under Section 3 of the Disabled | 2 | | Persons Rehabilitation Act, subject to
the
limitations set | 3 | | forth in this Act and in the Disabled Persons Rehabilitation
| 4 | | Act,
(iii) as of the effective date of this amendatory Act of | 5 | | the 94th General Assembly, but not before, child and day care | 6 | | home providers participating in the child care assistance | 7 | | program under Section 9A-11 of the Illinois Public Aid Code, | 8 | | subject to the limitations set forth in this Act and in Section | 9 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | 10 | | 2013 (the effective date of Public Act 97-1158), but not before | 11 | | except as otherwise provided in this subsection (n), home care | 12 | | and home health workers who function as personal assistants and | 13 | | individual maintenance home health workers and who also work | 14 | | under the Home Services Program under Section 3 of the Disabled | 15 | | Persons Rehabilitation Act, no matter whether the State | 16 | | provides those services through direct fee-for-service | 17 | | arrangements, with the assistance of a managed care | 18 | | organization or other intermediary, or otherwise, (v) | 19 | | beginning on the effective date of this amendatory Act of the | 20 | | 98th General Assembly and notwithstanding any other provision | 21 | | of this Act, any person employed by a public employer and who | 22 | | is classified as or who holds the employment title of Chief | 23 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 24 | | Sewage Plant Operator, Water Plant Operator, Stationary | 25 | | Engineer, Plant Operating Engineer, and any other employee who | 26 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
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| 1 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 2 | | Technical Manager III, Technical Manager IV, Technical Manager | 3 | | V, Technical Manager VI, Realty Specialist III, Realty | 4 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 5 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 6 | | IV, or Technical Advisor V employed by the Department of | 7 | | Transportation who is in a position which is certified in a | 8 | | bargaining unit on or before the effective date of this | 9 | | amendatory Act of the 98th General Assembly, and (vi) beginning | 10 | | on the effective date of this amendatory Act of the 98th | 11 | | General Assembly and notwithstanding any other provision of | 12 | | this Act, any mental health administrator in the Department of | 13 | | Corrections who is classified as or who holds the position of | 14 | | Public Service Administrator (Option 8K), any employee of the | 15 | | Office of the Inspector General in the Department of Human | 16 | | Services who is classified as or who holds the position of | 17 | | Public Service Administrator (Option 7), any Deputy of | 18 | | Intelligence in the Department of Corrections who is classified | 19 | | as or who holds the position of Public Service Administrator | 20 | | (Option 7), and any employee of the Department of State Police | 21 | | who handles issues concerning the Illinois State Police Sex | 22 | | Offender Registry and who is classified as or holds the | 23 | | position of Public Service Administrator (Option 7), but | 24 | | excluding all of the following: employees of the
General | 25 | | Assembly of the State of Illinois; elected officials; executive
| 26 | | heads of a department; members of boards or commissions; the |
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| 1 | | Executive
Inspectors General; any special Executive Inspectors | 2 | | General; employees of each
Office of an Executive Inspector | 3 | | General;
commissioners and employees of the Executive Ethics | 4 | | Commission; the Auditor
General's Inspector General; employees | 5 | | of the Office of the Auditor General's
Inspector General; the | 6 | | Legislative Inspector General; any special Legislative
| 7 | | Inspectors General; employees of the Office
of the Legislative | 8 | | Inspector General;
commissioners and employees of the | 9 | | Legislative Ethics Commission;
employees
of any
agency, board | 10 | | or commission created by this Act; employees appointed to
State | 11 | | positions of a temporary or emergency nature; all employees of | 12 | | school
districts and higher education institutions except | 13 | | firefighters and peace
officers employed
by a state university | 14 | | and except peace officers employed by a school district in its | 15 | | own police department in existence on the effective date of | 16 | | this amendatory Act of the 96th General Assembly; managerial | 17 | | employees; short-term employees; legislative liaisons; a | 18 | | person who is a State employee under the jurisdiction of the | 19 | | Office of the Attorney General who is licensed to practice law | 20 | | or whose position authorizes, either directly or indirectly, | 21 | | meaningful input into government decision-making on issues | 22 | | where there is room for principled disagreement on goals or | 23 | | their implementation; a person who is a State employee under | 24 | | the jurisdiction of the Office of the Comptroller who holds the | 25 | | position of Public Service Administrator or whose position is | 26 | | otherwise exempt under the Comptroller Merit Employment Code; a |
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| 1 | | person who is a State employee under the jurisdiction of the | 2 | | Secretary of State who holds the position classification of | 3 | | Executive I or higher, whose position authorizes, either | 4 | | directly or indirectly, meaningful input into government | 5 | | decision-making on issues where there is room for principled | 6 | | disagreement on goals or their implementation, or who is | 7 | | otherwise exempt under the Secretary of State Merit Employment | 8 | | Code; employees in the Office of the Secretary of State who are | 9 | | completely exempt from jurisdiction B of the Secretary of State | 10 | | Merit Employment Code and who are in Rutan-exempt positions on | 11 | | or after April 5, 2013 (the effective date of Public Act | 12 | | 97-1172); a person who is a State employee under the | 13 | | jurisdiction of the Treasurer who holds a position that is | 14 | | exempt from the State Treasurer Employment Code; any employee | 15 | | of a State agency who (i) holds the title or position of, or | 16 | | exercises substantially similar duties as a legislative | 17 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 18 | | Executive Director, Agency Deputy Director, Agency Chief | 19 | | Fiscal Officer, Agency Human Resources Director, Public | 20 | | Information Officer, or Chief Information Officer and (ii) was | 21 | | neither included in a bargaining unit nor subject to an active | 22 | | petition for certification in a bargaining unit; any employee | 23 | | of a State agency who (i) is in a position that is | 24 | | Rutan-exempt, as designated by the employer, and completely | 25 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 26 | | neither included in a bargaining unit nor subject to an active |
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| 1 | | petition for certification in a bargaining unit; any term | 2 | | appointed employee of a State agency pursuant to Section 8b.18 | 3 | | or 8b.19 of the Personnel Code who was neither included in a | 4 | | bargaining unit nor subject to an active petition for | 5 | | certification in a bargaining unit; any employment position | 6 | | properly designated pursuant to Section 6.1 of this Act;
| 7 | | confidential employees; independent contractors; and | 8 | | supervisors except as
provided in this Act.
| 9 | | Home care
and home health workers who function as personal | 10 | | assistants and individual maintenance home health workers and | 11 | | who also work under the Home Services Program under Section 3 | 12 | | of the Disabled Persons Rehabilitation Act shall not be | 13 | | considered
public
employees for any purposes not specifically | 14 | | provided for in Public Act 93-204 or Public Act 97-1158, | 15 | | including but not limited to, purposes of vicarious
liability | 16 | | in tort
and purposes of statutory retirement or health | 17 | | insurance benefits. Home care and home health workers who | 18 | | function as personal assistants and individual maintenance | 19 | | home health workers and who also work under the Home Services | 20 | | Program under Section 3 of the Disabled Persons Rehabilitation | 21 | | Act shall not be covered by the State Employees
Group
Insurance | 22 | | Act of 1971 (5 ILCS 375/).
| 23 | | Child and day care home providers shall not be considered | 24 | | public employees for any purposes not specifically provided for | 25 | | in this amendatory Act of the 94th General Assembly, including | 26 | | but not limited to, purposes of vicarious liability in tort and |
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| 1 | | purposes of statutory retirement or health insurance benefits. | 2 | | Child and day care home providers shall not be covered by the | 3 | | State Employees Group Insurance Act of 1971. | 4 | | Notwithstanding Section 9, subsection (c), or any other | 5 | | provisions of
this Act, all peace officers above the rank of | 6 | | captain in
municipalities with more than 1,000,000 inhabitants | 7 | | shall be excluded
from this Act.
| 8 | | (o) Except as otherwise in subsection (o-5), "public | 9 | | employer" or "employer" means the State of Illinois; any
| 10 | | political subdivision of the State, unit of local government or | 11 | | school
district; authorities including departments, divisions, | 12 | | bureaus, boards,
commissions, or other agencies of the | 13 | | foregoing entities; and any person
acting within the scope of | 14 | | his or her authority, express or implied, on
behalf of those | 15 | | entities in dealing with its employees.
As of the effective | 16 | | date of the amendatory Act of the 93rd General Assembly,
but | 17 | | not
before, the State of Illinois shall be considered the | 18 | | employer of the personal assistants working under the Home | 19 | | Services Program
under
Section 3 of the Disabled Persons | 20 | | Rehabilitation Act, subject to the
limitations set forth
in | 21 | | this Act and in the Disabled Persons Rehabilitation Act. As of | 22 | | January 29, 2013 (the effective date of Public Act 97-1158), | 23 | | but not before except as otherwise provided in this subsection | 24 | | (o), the State shall be considered the employer of home care | 25 | | and home health workers who function as personal assistants and | 26 | | individual maintenance home health workers and who also work |
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| 1 | | under the Home Services Program under Section 3 of the Disabled | 2 | | Persons Rehabilitation Act, no matter whether the State | 3 | | provides those services through direct fee-for-service | 4 | | arrangements, with the assistance of a managed care | 5 | | organization or other intermediary, or otherwise, but subject | 6 | | to the limitations set forth in this Act and the Disabled | 7 | | Persons Rehabilitation Act. The State shall not
be
considered | 8 | | to be the employer of home care and home health workers who | 9 | | function as personal
assistants and individual maintenance | 10 | | home health workers and who also work under the Home Services | 11 | | Program under Section 3 of the Disabled Persons Rehabilitation | 12 | | Act, for any
purposes not specifically provided for in Public | 13 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 14 | | purposes of vicarious liability in tort
and
purposes of | 15 | | statutory retirement or health insurance benefits. Home care | 16 | | and home health workers who function as
personal assistants and | 17 | | individual maintenance home health workers and who also work | 18 | | under the Home Services Program under Section 3 of the Disabled | 19 | | Persons Rehabilitation Act shall not be covered by the State | 20 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly but not before, the State of Illinois shall be | 23 | | considered the employer of the day and child care home | 24 | | providers participating in the child care assistance program | 25 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 26 | | the limitations set forth in this Act and in Section 9A-11 of |
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| 1 | | the Illinois Public Aid Code. The State shall not be considered | 2 | | to be the employer of child and day care home providers for any | 3 | | purposes not specifically provided for in this amendatory Act | 4 | | of the 94th General Assembly, including but not limited to, | 5 | | purposes of vicarious liability in tort and purposes of | 6 | | statutory retirement or health insurance benefits. Child and | 7 | | day care home providers shall not be covered by the State | 8 | | Employees Group Insurance Act of 1971. | 9 | | "Public employer" or
"employer" as used in this Act, | 10 | | however, does not
mean and shall not include the General | 11 | | Assembly of the State of Illinois,
the Executive Ethics | 12 | | Commission, the Offices of the Executive Inspectors
General, | 13 | | the Legislative Ethics Commission, the Office of the | 14 | | Legislative
Inspector General, the Office of the Auditor | 15 | | General's Inspector General, the Office of the Governor, the | 16 | | Governor's Office of Management and Budget, the Illinois | 17 | | Finance Authority, the Office of the Lieutenant Governor, the | 18 | | State Board of Elections, and educational employers or | 19 | | employers as defined in the Illinois
Educational Labor | 20 | | Relations Act, except with respect to a state university in
its | 21 | | employment of firefighters and peace officers and except with | 22 | | respect to a school district in the employment of peace | 23 | | officers in its own police department in existence on the | 24 | | effective date of this amendatory Act of the 96th General | 25 | | Assembly. County boards and county
sheriffs shall be
designated | 26 | | as joint or co-employers of county peace officers appointed
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| 1 | | under the authority of a county sheriff. Nothing in this | 2 | | subsection
(o) shall be construed
to prevent the State Panel or | 3 | | the Local Panel
from determining that employers are joint or | 4 | | co-employers.
| 5 | | (o-5) With respect to
wages, fringe
benefits, hours, | 6 | | holidays, vacations, proficiency
examinations, sick leave, and | 7 | | other conditions of
employment, the public employer of public | 8 | | employees who are court reporters, as
defined in the Court | 9 | | Reporters Act, shall be determined as
follows:
| 10 | | (1) For court reporters employed by the Cook County | 11 | | Judicial
Circuit, the chief judge of the Cook County | 12 | | Circuit
Court is the public employer and employer | 13 | | representative.
| 14 | | (2) For court reporters employed by the 12th, 18th, | 15 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 16 | | circuits, a group consisting of the chief judges of those | 17 | | circuits, acting
jointly by majority vote, is the public | 18 | | employer and employer representative.
| 19 | | (3) For court reporters employed by all other judicial | 20 | | circuits,
a group consisting of the chief judges of those | 21 | | circuits, acting jointly by
majority vote, is the public | 22 | | employer and employer representative.
| 23 | | (p) "Security employee" means an employee who is | 24 | | responsible for the
supervision and control of inmates at | 25 | | correctional facilities. The term
also includes other | 26 | | non-security employees in bargaining units having the
majority |
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| 1 | | of employees being responsible for the supervision and control | 2 | | of
inmates at correctional facilities.
| 3 | | (q) "Short-term employee" means an employee who is employed | 4 | | for less
than 2 consecutive calendar quarters during a calendar | 5 | | year and who does
not have a reasonable assurance that he or | 6 | | she will be rehired by the
same employer for the same service | 7 | | in a subsequent calendar year.
| 8 | | (q-5) "State agency" means an agency directly responsible | 9 | | to the Governor, as defined in Section 3.1 of the Executive | 10 | | Reorganization Implementation Act, and the Illinois Commerce | 11 | | Commission, the Illinois Workers' Compensation Commission, the | 12 | | Civil Service Commission, the Pollution Control Board, the | 13 | | Illinois Racing Board, and the Department of State Police Merit | 14 | | Board. | 15 | | (r) "Supervisor" is: | 16 | | (1) An employee whose principal work is substantially
| 17 | | different from that of his or her subordinates and who has | 18 | | authority, in the
interest of the employer, to hire, | 19 | | transfer, suspend, lay off, recall,
promote, discharge, | 20 | | direct, reward, or discipline employees, to adjust
their | 21 | | grievances, or to effectively recommend any of those | 22 | | actions, if the
exercise
of that authority is not of a | 23 | | merely routine or clerical nature, but
requires the | 24 | | consistent use of independent judgment. Except with | 25 | | respect to
police employment, the term "supervisor" | 26 | | includes only those individuals
who devote a preponderance |
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| 1 | | of their employment time to exercising that
authority, | 2 | | State supervisors notwithstanding. Nothing in this | 3 | | definition prohibits an individual from also meeting the | 4 | | definition of "managerial employee" under subsection (j) | 5 | | of this Section. In addition, in determining
supervisory | 6 | | status in police employment, rank shall not be | 7 | | determinative.
The Board shall consider, as evidence of | 8 | | bargaining unit inclusion or
exclusion, the common law | 9 | | enforcement policies and relationships between
police | 10 | | officer ranks and certification under applicable civil | 11 | | service law,
ordinances, personnel codes, or Division 2.1 | 12 | | of Article 10 of the Illinois
Municipal Code, but these | 13 | | factors shall not
be the sole or predominant factors | 14 | | considered by the Board in determining
police supervisory | 15 | | status.
| 16 | | Notwithstanding the provisions of the preceding | 17 | | paragraph, in determining
supervisory status in fire | 18 | | fighter employment, no fire fighter shall be
excluded as a | 19 | | supervisor who has established representation rights under
| 20 | | Section 9 of this Act. Further, in new fire fighter units, | 21 | | employees shall
consist of fire fighters of the rank of | 22 | | company officer and below. If a company officer otherwise | 23 | | qualifies as a supervisor under the preceding paragraph, | 24 | | however, he or she shall
not be included in the fire | 25 | | fighter
unit. If there is no rank between that of chief and | 26 | | the
highest company officer, the employer may designate a |
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| 1 | | position on each
shift as a Shift Commander, and the | 2 | | persons occupying those positions shall
be supervisors. | 3 | | All other ranks above that of company officer shall be
| 4 | | supervisors.
| 5 | | (2) With respect only to State employees in positions | 6 | | under the jurisdiction of the Attorney General, Secretary | 7 | | of State, Comptroller, or Treasurer (i) that were certified | 8 | | in a bargaining unit on or after December 2, 2008, (ii) for | 9 | | which a petition is filed with the Illinois Public Labor | 10 | | Relations Board on or after April 5, 2013 (the effective | 11 | | date of Public Act 97-1172), or (iii) for which a petition | 12 | | is pending before the Illinois Public Labor Relations Board | 13 | | on that date, an employee who qualifies as a supervisor | 14 | | under (A) Section 152 of the National Labor Relations Act | 15 | | and (B) orders of the National Labor Relations Board | 16 | | interpreting that provision or decisions of courts | 17 | | reviewing decisions of the National Labor Relations Board. | 18 | | (s)(1) "Unit" means a class of jobs or positions that are | 19 | | held by
employees whose collective interests may suitably be | 20 | | represented by a labor
organization for collective bargaining. | 21 | | Except with respect to non-State fire
fighters and paramedics | 22 | | employed by fire departments and fire protection
districts, | 23 | | non-State peace officers, and peace officers in the Department | 24 | | of
State Police, a bargaining unit determined by the Board | 25 | | shall not include both
employees and supervisors, or | 26 | | supervisors only, except as provided in paragraph
(2) of this |
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| 1 | | subsection (s) and except for bargaining units in existence on | 2 | | July
1, 1984 (the effective date of this Act). With respect to | 3 | | non-State fire
fighters and paramedics employed by fire | 4 | | departments and fire protection
districts, non-State peace | 5 | | officers, and peace officers in the Department of
State Police, | 6 | | a bargaining unit determined by the Board shall not include | 7 | | both
supervisors and nonsupervisors, or supervisors only, | 8 | | except as provided in
paragraph (2) of this subsection (s) and | 9 | | except for bargaining units in
existence on January 1, 1986 | 10 | | (the effective date of this amendatory Act of
1985). A | 11 | | bargaining unit determined by the Board to contain peace | 12 | | officers
shall contain no employees other than peace officers | 13 | | unless otherwise agreed to
by the employer and the labor | 14 | | organization or labor organizations involved.
Notwithstanding | 15 | | any other provision of this Act, a bargaining unit, including a
| 16 | | historical bargaining unit, containing sworn peace officers of | 17 | | the Department
of Natural Resources (formerly designated the | 18 | | Department of Conservation) shall
contain no employees other | 19 | | than such sworn peace officers upon the effective
date of this | 20 | | amendatory Act of 1990 or upon the expiration date of any
| 21 | | collective bargaining agreement in effect upon the effective | 22 | | date of this
amendatory Act of 1990 covering both such sworn | 23 | | peace officers and other
employees.
| 24 | | (2) Notwithstanding the exclusion of supervisors from | 25 | | bargaining units
as provided in paragraph (1) of this | 26 | | subsection (s), a public
employer may agree to permit its |
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| 1 | | supervisory employees to form bargaining units
and may bargain | 2 | | with those units. This Act shall apply if the public employer
| 3 | | chooses to bargain under this subsection.
| 4 | | (3) Public employees who are court reporters, as defined
in | 5 | | the Court Reporters Act,
shall be divided into 3 units for | 6 | | collective bargaining purposes. One unit
shall be court | 7 | | reporters employed by the Cook County Judicial Circuit; one
| 8 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 9 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 10 | | and one unit shall be court reporters employed by all other
| 11 | | judicial circuits.
| 12 | | (t) "Active petition for certification in a bargaining | 13 | | unit" means a petition for certification filed with the Board | 14 | | under one of the following case numbers: S-RC-11-110; | 15 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 16 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 17 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 18 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 19 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 20 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 21 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 22 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 23 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 24 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 25 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 26 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
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| 1 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 2 | | S-RC-07-100. | 3 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 4 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | 5 | | 8-18-14.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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