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90_HB0578eng
5 ILCS 315/3 from Ch. 48, par. 1603
Amends the Illinois Public Labor Relations Act. Excludes
officers of the Department of State Police below the rank of
lieutenant from the provisions determining supervisor or
manager status. Provides that a bargaining unit for peace
officers in the Department of State Police determined by the
Illinois State Labor Relations Board shall not include both
peace officers in the rank of master sergeant and peace
officers in the ranks of sergeant or trooper, unless the
Department agrees to the unit.
LRB9002330PTcw
HB0578 Engrossed LRB9002330PTcw
1 AN ACT to amend the Illinois Public Labor Relations Act
2 by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Section 3 as follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 (Text of Section before amendment by P.A. 89-685)
9 Sec. 3. Definitions. As used in this Act, unless the
10 context otherwise requires:
11 (a) "Board" or "Governing Board" means either the
12 Illinois State Labor Relations Board or the Illinois Local
13 Labor Relations Board.
14 (b) "Collective bargaining" means bargaining over terms
15 and conditions of employment, including hours, wages, and
16 other conditions of employment, as detailed in Section 7 and
17 which are not excluded by Section 4.
18 (c) "Confidential employee" means an employee who, in
19 the regular course of his or her duties, assists and acts in
20 a confidential capacity to persons who formulate, determine,
21 and effectuate management policies with regard to labor
22 relations or who, in the regular course of his or her duties,
23 has authorized access to information relating to the
24 effectuation or review of the employer's collective
25 bargaining policies.
26 (d) "Craft employees" means skilled journeymen, crafts
27 persons, and their apprentices and helpers.
28 (e) "Essential services employees" means those public
29 employees performing functions so essential that the
30 interruption or termination of the function will constitute a
31 clear and present danger to the health and safety of the
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1 persons in the affected community.
2 (f) "Exclusive representative", except 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
6 Police, means the labor organization that has been (i)
7 designated by the Board as the representative of a majority
8 of public employees in an appropriate bargaining unit in
9 accordance with the procedures contained in this Act, (ii)
10 historically recognized by the State of Illinois or any
11 political subdivision of the State before July 1, 1984 (the
12 effective date of this Act) as the exclusive representative
13 of the employees in an appropriate bargaining unit, or (iii)
14 after July 1, 1984 (the effective date of this Act)
15 recognized by an employer upon evidence, acceptable to the
16 Board, that the labor organization has been designated as the
17 exclusive representative by a majority of the employees in an
18 appropriate bargaining unit.
19 With respect to non-State fire fighters and paramedics
20 employed by fire departments and fire protection districts,
21 non-State peace officers, and peace officers in the
22 Department of State Police, "exclusive representative" means
23 the labor organization that has been (i) designated by the
24 Board as the representative of a majority of peace officers
25 or fire fighters in an appropriate bargaining unit in
26 accordance with the procedures contained in this Act, (ii)
27 historically recognized by the State of Illinois or any
28 political subdivision of the State before January 1, 1986
29 (the effective date of this amendatory Act of 1985) as the
30 exclusive representative by a majority of the peace officers
31 or fire fighters in an appropriate bargaining unit, or (iii)
32 after January 1, 1986 (the effective date of this amendatory
33 Act of 1985) recognized by an employer upon evidence,
34 acceptable to the Board, that the labor organization has been
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1 designated as the exclusive representative by a majority of
2 the peace officers or fire fighters in an appropriate
3 bargaining unit.
4 (g) "Fair share agreement" means an agreement between
5 the employer and an employee organization under which all or
6 any of the employees in a collective bargaining unit are
7 required to pay their proportionate share of the costs of the
8 collective bargaining process, contract administration, and
9 pursuing matters affecting wages, hours, and other conditions
10 of employment, but not to exceed the amount of dues uniformly
11 required of members. The amount certified by the exclusive
12 representative shall not include any fees for contributions
13 related to the election or support of any candidate for
14 political office. Nothing in this subsection (g) shall
15 preclude an employee from making voluntary political
16 contributions in conjunction with his or her fair share
17 payment.
18 (g-1) "Fire fighter" means, for the purposes of this Act
19 only, any person who has been or is hereafter appointed to a
20 fire department or fire protection district or employed by a
21 state university and sworn or commissioned to perform fire
22 fighter duties or paramedic duties, except that the following
23 persons are not included: part-time fire fighters, auxiliary,
24 reserve or voluntary fire fighters, including paid on-call
25 fire fighters, clerks and dispatchers or other civilian
26 employees of a fire department or fire protection district
27 who are not routinely expected to perform fire fighter
28 duties, or elected officials.
29 (g-2) "General Assembly of the State of Illinois" means
30 the legislative branch of the government of the State of
31 Illinois, as provided for under Article IV of the
32 Constitution of the State of Illinois, and includes but is
33 not limited to the House of Representatives, the Senate, the
34 Speaker of the House of Representatives, the Minority Leader
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1 of the House of Representatives, the President of the Senate,
2 the Minority Leader of the Senate, the Joint Committee on
3 Legislative Support Services and any legislative support
4 services agency listed in the Legislative Commission
5 Reorganization Act of 1984.
6 (h) "Governing body" means, in the case of the State,
7 the State Labor Relations Board, the Director of the
8 Department of Central Management Services, and the Director
9 of the Department of Labor; the county board in the case of a
10 county; the corporate authorities in the case of a
11 municipality; and the appropriate body authorized to provide
12 for expenditures of its funds in the case of any other unit
13 of government.
14 (i) "Labor organization" means any organization in which
15 public employees participate and that exists for the purpose,
16 in whole or in part, of dealing with a public employer
17 concerning wages, hours, and other terms and conditions of
18 employment, including the settlement of grievances.
19 (j) "Managerial employee" means an individual who is
20 engaged predominantly in executive and management functions
21 and is charged with the responsibility of directing the
22 effectuation of management policies and practices.
23 (k) "Peace officer" means, for the purposes of this Act
24 only, any persons who have been or are hereafter appointed to
25 a police force, department, or agency and sworn or
26 commissioned to perform police duties, except that the
27 following persons are not included: part-time police
28 officers, special police officers, auxiliary police as
29 defined by Section 3.1-30-20 of the Illinois Municipal Code,
30 night watchmen, "merchant police", temporary employees,
31 traffic guards or wardens, civilian parking meter and parking
32 facilities personnel or other individuals specially appointed
33 to aid or direct traffic at or near schools or public
34 functions or to aid in civil defense or disaster, parking
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1 enforcement employees who are not commissioned as peace
2 officers and who are not armed and who are not routinely
3 expected to effect arrests, parking lot attendants, clerks
4 and dispatchers or other civilian employees of a police
5 department who are not routinely expected to effect arrests,
6 or elected officials.
7 (l) "Person" includes one or more individuals, labor
8 organizations, public employees, associations, corporations,
9 legal representatives, trustees, trustees in bankruptcy,
10 receivers, or the State of Illinois or any political
11 subdivision of the State or governing body, but does not
12 include the General Assembly of the State of Illinois or any
13 individual employed by the General Assembly of the State of
14 Illinois.
15 (m) "Professional employee" means any employee engaged
16 in work predominantly intellectual and varied in character
17 rather than routine mental, manual, mechanical or physical
18 work; involving the consistent exercise of discretion and
19 adjustment in its performance; of such a character that the
20 output produced or the result accomplished cannot be
21 standardized in relation to a given period of time; and
22 requiring advanced knowledge in a field of science or
23 learning customarily acquired by a prolonged course of
24 specialized intellectual instruction and study in an
25 institution of higher learning or a hospital, as
26 distinguished from a general academic education or from
27 apprenticeship or from training in the performance of routine
28 mental, manual, or physical processes; or any employee who
29 has completed the courses of specialized intellectual
30 instruction and study prescribed in this subsection (m) and
31 is performing related work under the supervision of a
32 professional person to qualify to become a professional
33 employee as defined in this subsection (m).
34 (n) "Public employee" or "employee", for the purposes of
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1 this Act, means any individual employed by a public employer,
2 including interns and residents at public hospitals, but
3 excluding all of the following: employees of the General
4 Assembly of the State of Illinois; elected officials;
5 executive heads of a department; members of boards or
6 commissions; employees of any agency, board or commission
7 created by this Act; employees appointed to State positions
8 of a temporary or emergency nature; all employees of school
9 districts and higher education institutions except
10 firefighters and peace officers employed by a state
11 university; managerial employees; short-term employees;
12 confidential employees; independent contractors; and
13 supervisors except as provided in this Act.
14 Notwithstanding Section 9, subsection (c), or any other
15 provisions of this Act, all peace officers above the rank of
16 captain in municipalities with more than 1,000,000
17 inhabitants shall be excluded from this Act.
18 (o) "Public employer" or "employer" means the State of
19 Illinois; any political subdivision of the State, unit of
20 local government or school district; authorities including
21 departments, divisions, bureaus, boards, commissions, or
22 other agencies of the foregoing entities; and any person
23 acting within the scope of his or her authority, express or
24 implied, on behalf of those entities in dealing with its
25 employees. "Public employer" or "employer" as used in this
26 Act, however, does not mean and shall not include the General
27 Assembly of the State of Illinois and educational employers
28 or employers as defined in the Illinois Educational Labor
29 Relations Act, except with respect to a state university in
30 its employment of firefighters and peace officers. County
31 boards and county sheriffs shall be designated as joint or
32 co-employers of county peace officers appointed under the
33 authority of a county sheriff. Nothing in this subsection
34 (o) shall be construed to prevent the State Board or the
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1 Local Board from determining that employers are joint or
2 co-employers.
3 (p) "Security employee" means an employee who is
4 responsible for the supervision and control of inmates at
5 correctional facilities. The term also includes other
6 non-security employees in bargaining units having the
7 majority of employees being responsible for the supervision
8 and control of inmates at correctional facilities.
9 (q) "Short-term employee" means an employee who is
10 employed for less that 2 consecutive calendar quarters during
11 a calendar year and who does not have a reasonable assurance
12 that he or she will be rehired by the same employer for the
13 same service in a subsequent calendar year.
14 (r) "Supervisor" is an employee whose principal work is
15 substantially different from that of his or her subordinates
16 and who has authority, in the interest of the employer, to
17 hire, transfer, suspend, lay off, recall, promote, discharge,
18 direct, reward, or discipline employees, to adjust their
19 grievances, or to effectively recommend any of those actions,
20 if the exercise of that authority is not of a merely routine
21 or clerical nature, but requires the consistent use of
22 independent judgment. Except with respect to police
23 employment, the term "supervisor" includes only those
24 individuals who devote a preponderance of their employment
25 time to exercising that authority, State supervisors
26 notwithstanding. In addition, in determining supervisory
27 status in police employment, rank shall not be determinative.
28 The Board shall consider, as evidence of bargaining unit
29 inclusion or exclusion, the common law enforcement policies
30 and relationships between police officer ranks and
31 certification under applicable civil service law, ordinances,
32 personnel codes, or Division 2.1 of Article 10 of the
33 Illinois Municipal Code, but these factors shall not be the
34 sole or predominant factors considered by the Board in
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1 determining police supervisory status.
2 Notwithstanding the provisions of the preceding
3 paragraph, in determining supervisory status in fire fighter
4 employment, no fire fighter shall be excluded as a supervisor
5 who has established representation rights under Section 9 of
6 this Act. Further, in new fire fighter units, employees
7 shall consist of fire fighters of the rank of company officer
8 and below. If a company officer otherwise qualifies as a
9 supervisor under the preceding paragraph, however, he or she
10 shall not be included in the fire fighter unit. If there is
11 no rank between that of chief and the highest company
12 officer, the employer may designate a position on each shift
13 as a Shift Commander, and the persons occupying those
14 positions shall be supervisors. All other ranks above that
15 of company officer shall be supervisors.
16 (s) (1) "Unit" means a class of jobs or positions that
17 are held by employees whose collective interests may suitably
18 be represented by a labor organization for collective
19 bargaining. Except with respect to non-State fire fighters
20 and paramedics employed by fire departments and fire
21 protection districts, non-State peace officers, and peace
22 officers in the Department of State Police, a bargaining unit
23 determined by the Board shall not include both employees and
24 supervisors, or supervisors only, except as provided in
25 paragraph (2) of this subsection (s) and except for
26 bargaining units in existence on July 1, 1984 (the effective
27 date of this Act). With respect to non-State fire fighters
28 and paramedics employed by fire departments and fire
29 protection districts, non-State peace officers, and peace
30 officers in the Department of State Police, a bargaining unit
31 determined by the Board shall not include both supervisors
32 and nonsupervisors, or supervisors only, except as provided
33 in paragraph (2) of this subsection (s) and except for
34 bargaining units in existence on January 1, 1986 (the
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1 effective date of this amendatory Act of 1985). A bargaining
2 unit determined by the Board to contain peace officers shall
3 contain no employees other than peace officers unless
4 otherwise agreed to by the employer and the labor
5 organization or labor organizations involved.
6 Notwithstanding any other provision of this Act, a bargaining
7 unit, including a historical bargaining unit, containing
8 sworn peace officers of the Department of Natural Resources
9 (formerly designated the Department of Conservation) shall
10 contain no employees other than such sworn peace officers
11 upon the effective date of this amendatory Act of 1990 or
12 upon the expiration date of any collective bargaining
13 agreement in effect upon the effective date of this
14 amendatory Act of 1990 covering both such sworn peace
15 officers and other employees.
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
20 bargain with those units. This Act shall apply if the public
21 employer chooses to bargain under this subsection.
22 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
23 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
24 (Text of Section after amendment by P.A. 89-685)
25 Sec. 3. Definitions. As used in this Act, unless the
26 context otherwise requires:
27 (a) "Board" or "Governing Board" means either the
28 Illinois State Labor Relations Board or the Illinois Local
29 Labor Relations Board.
30 (b) "Collective bargaining" means bargaining over terms
31 and conditions of employment, including hours, wages, and
32 other conditions of employment, as detailed in Section 7 and
33 which are not excluded by Section 4.
34 (c) "Confidential employee" means an employee who, in
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1 the regular course of his or her duties, assists and acts in
2 a confidential capacity to persons who formulate, determine,
3 and effectuate management policies with regard to labor
4 relations or who, in the regular course of his or her duties,
5 has authorized access to information relating to the
6 effectuation or review of the employer's collective
7 bargaining policies.
8 (d) "Craft employees" means skilled journeymen, crafts
9 persons, and their apprentices and helpers.
10 (e) "Essential services employees" means those public
11 employees performing functions so essential that the
12 interruption or termination of the function will constitute a
13 clear and present danger to the health and safety of the
14 persons in the affected community.
15 (f) "Exclusive representative", except 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, means the labor organization that has been (i)
20 designated by the Board as the representative of a majority
21 of public employees in an appropriate bargaining unit in
22 accordance with the procedures contained in this Act, (ii)
23 historically recognized by the State of Illinois or any
24 political subdivision of the State before July 1, 1984 (the
25 effective date of this Act) as the exclusive representative
26 of the employees in an appropriate bargaining unit, or (iii)
27 after July 1, 1984 (the effective date of this Act)
28 recognized by an employer upon evidence, acceptable to the
29 Board, that the labor organization has been designated as the
30 exclusive representative by a majority of the employees in an
31 appropriate bargaining unit.
32 With respect to non-State fire fighters and paramedics
33 employed by fire departments and fire protection districts,
34 non-State peace officers, and peace officers in the
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1 Department of State Police, "exclusive representative" means
2 the labor organization that has been (i) designated by the
3 Board as the representative of a majority of peace officers
4 or fire fighters in an appropriate bargaining unit in
5 accordance with the procedures contained in this Act, (ii)
6 historically recognized by the State of Illinois or any
7 political subdivision of the State before January 1, 1986
8 (the effective date of this amendatory Act of 1985) as the
9 exclusive representative by a majority of the peace officers
10 or fire fighters in an appropriate bargaining unit, or (iii)
11 after January 1, 1986 (the effective date of this amendatory
12 Act of 1985) recognized by an employer upon evidence,
13 acceptable to the Board, that the labor organization has been
14 designated as the exclusive representative by a majority of
15 the peace officers or fire fighters in an appropriate
16 bargaining unit.
17 (g) "Fair share agreement" means an agreement between
18 the employer and an employee organization under which all or
19 any of the employees in a collective bargaining unit are
20 required to pay their proportionate share of the costs of the
21 collective bargaining process, contract administration, and
22 pursuing matters affecting wages, hours, and other conditions
23 of employment, but not to exceed the amount of dues uniformly
24 required of members. The amount certified by the exclusive
25 representative shall not include any fees for contributions
26 related to the election or support of any candidate for
27 political office. Nothing in this subsection (g) shall
28 preclude an employee from making voluntary political
29 contributions in conjunction with his or her fair share
30 payment.
31 (g-1) "Fire fighter" means, for the purposes of this Act
32 only, any person who has been or is hereafter appointed to a
33 fire department or fire protection district or employed by a
34 state university and sworn or commissioned to perform fire
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1 fighter duties or paramedic duties, except that the following
2 persons are not included: part-time fire fighters, auxiliary,
3 reserve or voluntary fire fighters, including paid on-call
4 fire fighters, clerks and dispatchers or other civilian
5 employees of a fire department or fire protection district
6 who are not routinely expected to perform fire fighter
7 duties, or elected officials.
8 (g-2) "General Assembly of the State of Illinois" means
9 the legislative branch of the government of the State of
10 Illinois, as provided for under Article IV of the
11 Constitution of the State of Illinois, and includes but is
12 not limited to the House of Representatives, the Senate, the
13 Speaker of the House of Representatives, the Minority Leader
14 of the House of Representatives, the President of the Senate,
15 the Minority Leader of the Senate, the Joint Committee on
16 Legislative Support Services and any legislative support
17 services agency listed in the Legislative Commission
18 Reorganization Act of 1984.
19 (h) "Governing body" means, in the case of the State,
20 the State Labor Relations Board, the Director of the
21 Department of Central Management Services, and the Director
22 of the Department of Labor; the county board in the case of a
23 county; the corporate authorities in the case of a
24 municipality; and the appropriate body authorized to provide
25 for expenditures of its funds in the case of any other unit
26 of government.
27 (i) "Labor organization" means any organization in which
28 public employees participate and that exists for the purpose,
29 in whole or in part, of dealing with a public employer
30 concerning wages, hours, and other terms and conditions of
31 employment, including the settlement of grievances.
32 (j) "Managerial employee" means an individual who is
33 engaged predominantly in executive and management functions
34 and is charged with the responsibility of directing the
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1 effectuation of management policies and practices.
2 (k) "Peace officer" means, for the purposes of this Act
3 only, any persons who have been or are hereafter appointed to
4 a police force, department, or agency and sworn or
5 commissioned to perform police duties, except that the
6 following persons are not included: part-time police
7 officers, special police officers, auxiliary police as
8 defined by Section 3.1-30-20 of the Illinois Municipal Code,
9 night watchmen, "merchant police", court security officers as
10 defined by Section 3-6012.1 of the Counties Code, temporary
11 employees, traffic guards or wardens, civilian parking meter
12 and parking facilities personnel or other individuals
13 specially appointed to aid or direct traffic at or near
14 schools or public functions or to aid in civil defense or
15 disaster, parking enforcement employees who are not
16 commissioned as peace officers and who are not armed and who
17 are not routinely expected to effect arrests, parking lot
18 attendants, clerks and dispatchers or other civilian
19 employees of a police department who are not routinely
20 expected to effect arrests, or elected officials.
21 (l) "Person" includes one or more individuals, labor
22 organizations, public employees, associations, corporations,
23 legal representatives, trustees, trustees in bankruptcy,
24 receivers, or the State of Illinois or any political
25 subdivision of the State or governing body, but does not
26 include the General Assembly of the State of Illinois or any
27 individual employed by the General Assembly of the State of
28 Illinois.
29 (m) "Professional employee" means any employee engaged
30 in work predominantly intellectual and varied in character
31 rather than routine mental, manual, mechanical or physical
32 work; involving the consistent exercise of discretion and
33 adjustment in its performance; of such a character that the
34 output produced or the result accomplished cannot be
HB0578 Engrossed -14- LRB9002330PTcw
1 standardized in relation to a given period of time; and
2 requiring advanced knowledge in a field of science or
3 learning customarily acquired by a prolonged course of
4 specialized intellectual instruction and study in an
5 institution of higher learning or a hospital, as
6 distinguished from a general academic education or from
7 apprenticeship or from training in the performance of routine
8 mental, manual, or physical processes; or any employee who
9 has completed the courses of specialized intellectual
10 instruction and study prescribed in this subsection (m) and
11 is performing related work under the supervision of a
12 professional person to qualify to become a professional
13 employee as defined in this subsection (m).
14 (n) "Public employee" or "employee", for the purposes of
15 this Act, means any individual employed by a public employer,
16 including interns and residents at public hospitals, but
17 excluding all of the following: employees of the General
18 Assembly of the State of Illinois; elected officials;
19 executive heads of a department; members of boards or
20 commissions; employees of any agency, board or commission
21 created by this Act; employees appointed to State positions
22 of a temporary or emergency nature; all employees of school
23 districts and higher education institutions except
24 firefighters and peace officers employed by a state
25 university; managerial employees; short-term employees;
26 confidential employees; independent contractors; and
27 supervisors except as provided in this Act.
28 Notwithstanding Section 9, subsection (c), or any other
29 provisions of this Act, all peace officers above the rank of
30 captain in municipalities with more than 1,000,000
31 inhabitants shall be excluded from this Act.
32 (o) "Public employer" or "employer" means the State of
33 Illinois; any political subdivision of the State, unit of
34 local government or school district; authorities including
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1 departments, divisions, bureaus, boards, commissions, or
2 other agencies of the foregoing entities; and any person
3 acting within the scope of his or her authority, express or
4 implied, on behalf of those entities in dealing with its
5 employees. "Public employer" or "employer" as used in this
6 Act, however, does not mean and shall not include the General
7 Assembly of the State of Illinois and educational employers
8 or employers as defined in the Illinois Educational Labor
9 Relations Act, except with respect to a state university in
10 its employment of firefighters and peace officers. County
11 boards and county sheriffs shall be designated as joint or
12 co-employers of county peace officers appointed under the
13 authority of a county sheriff. Nothing in this subsection
14 (o) shall be construed to prevent the State Board or the
15 Local Board from determining that employers are joint or
16 co-employers.
17 (p) "Security employee" means an employee who is
18 responsible for the supervision and control of inmates at
19 correctional facilities. The term also includes other
20 non-security employees in bargaining units having the
21 majority of employees being responsible for the supervision
22 and control of inmates at correctional facilities.
23 (q) "Short-term employee" means an employee who is
24 employed for less that 2 consecutive calendar quarters during
25 a calendar year and who does not have a reasonable assurance
26 that he or she will be rehired by the same employer for the
27 same service in a subsequent calendar year.
28 (r) "Supervisor" is an employee whose principal work is
29 substantially different from that of his or her subordinates
30 and who has authority, in the interest of the employer, to
31 hire, transfer, suspend, lay off, recall, promote, discharge,
32 direct, reward, or discipline employees, to adjust their
33 grievances, or to effectively recommend any of those actions,
34 if the exercise of that authority is not of a merely routine
HB0578 Engrossed -16- LRB9002330PTcw
1 or clerical nature, but requires the consistent use of
2 independent judgment. Except with respect to police
3 employment, the term "supervisor" includes only those
4 individuals who devote a preponderance of their employment
5 time to exercising that authority, State supervisors
6 notwithstanding.
7 In the Department of State Police, officers below the
8 rank of lieutenant shall not be deemed to be supervisors or
9 managers. In addition, In determining supervisory status in
10 other police employment, rank shall not be determinative.
11 The Board shall consider, as evidence of bargaining unit
12 inclusion or exclusion, the common law enforcement policies
13 and relationships between police officer ranks and
14 certification under applicable civil service law, ordinances,
15 personnel codes, or Division 2.1 of Article 10 of the
16 Illinois Municipal Code, but these factors shall not be the
17 sole or predominant factors considered by the Board in
18 determining police supervisory status.
19 Notwithstanding the provisions of the preceding
20 paragraph, in determining supervisory status in fire fighter
21 employment, no fire fighter shall be excluded as a supervisor
22 who has established representation rights under Section 9 of
23 this Act. Further, in new fire fighter units, employees
24 shall consist of fire fighters of the rank of company officer
25 and below. If a company officer otherwise qualifies as a
26 supervisor under the preceding paragraph, however, he or she
27 shall not be included in the fire fighter unit. If there is
28 no rank between that of chief and the highest company
29 officer, the employer may designate a position on each shift
30 as a Shift Commander, and the persons occupying those
31 positions shall be supervisors. All other ranks above that
32 of company officer shall be supervisors.
33 (s) (1) "Unit" means a class of jobs or positions that
34 are held by employees whose collective interests may suitably
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1 be represented by a labor organization for collective
2 bargaining.
3 Except with respect to non-State fire fighters and
4 paramedics employed by fire departments and fire protection
5 districts, non-State peace officers, and peace officers in
6 the Department of State Police, a bargaining unit determined
7 by the Board shall not include both employees and
8 supervisors, or supervisors only, except as provided in
9 paragraph (2) of this subsection (s) and except for
10 bargaining units in existence on July 1, 1984 (the effective
11 date of this Act). With respect to non-State fire fighters
12 and paramedics employed by fire departments and fire
13 protection districts, non-State peace officers, and peace
14 officers in the Department of State Police, a bargaining unit
15 determined by the Board shall not include both supervisors
16 and nonsupervisors, or supervisors only, except as provided
17 in paragraph (2) of this subsection (s) and except for
18 bargaining units in existence on January 1, 1986 (the
19 effective date of this amendatory Act of 1985). A bargaining
20 unit determined by the Board to contain peace officers shall
21 contain no employees other than peace officers unless
22 otherwise agreed to by the employer and the labor
23 organization or labor organizations involved. A bargaining
24 unit determined by the Board for peace officers in the
25 Department of State Police shall not include both peace
26 officers in the rank of master sergeant and peace officers in
27 the ranks of sergeant or trooper, except that the Department
28 of State Police may agree to such a bargaining unit.
29 Notwithstanding any other provision of this Act, a
30 bargaining unit, including a historical bargaining unit,
31 containing sworn peace officers of the Department of Natural
32 Resources (formerly designated the Department of
33 Conservation) shall contain no employees other than such
34 sworn peace officers upon the effective date of this
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1 amendatory Act of 1990 or upon the expiration date of any
2 collective bargaining agreement in effect upon the effective
3 date of this amendatory Act of 1990 covering both such sworn
4 peace officers and other employees.
5 (2) Notwithstanding the exclusion of supervisors from
6 bargaining units as provided in paragraph (1) of this
7 subsection (s), a public employer may agree to permit its
8 supervisory employees to form bargaining units and may
9 bargain with those units. This Act shall apply if the public
10 employer chooses to bargain under this subsection.
11 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
12 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
13 6-1-97; revised 1-14-97.)
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.