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| [ Introduced ] | [ House Amendment 001 ] |
90_HB2896eng
5 ILCS 315/3 from Ch. 48, par. 1603
Amends the Illinois Public Labor Relations Act. Provides
that no employee shall be considered a "managerial employee"
because (i) he or she belongs to a classification of
employees to whom executive and management functions may be
delegated or (ii) he or she performs professional duties.
Provides that in determining an employee's status the labor
board shall consider the employee's actual job duties and
responsibilities and the extent to which the employee has
actual authority concerning the overall operations and
governance of the employee's office or workplace. Effective
immediately.
LRB9010340MWpc
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1 AN ACT to amend the Illinois Public Labor Relations Act.
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" or "Governing Board" means either the
10 Illinois State Labor Relations Board or the Illinois Local
11 Labor Relations Board.
12 (b) "Collective bargaining" means bargaining over terms
13 and conditions of employment, including hours, wages, and
14 other conditions of employment, as detailed in Section 7 and
15 which are not excluded by Section 4.
16 (c) "Confidential employee" means an employee who, in
17 the regular course of his or her duties, assists and acts in
18 a confidential capacity to persons who formulate, determine,
19 and effectuate management policies with regard to labor
20 relations or who, in the regular course of his or her duties,
21 has authorized access to information relating to the
22 effectuation or review of the employer's collective
23 bargaining policies.
24 (d) "Craft employees" means skilled journeymen, crafts
25 persons, and their apprentices and helpers.
26 (e) "Essential services employees" means those public
27 employees performing functions so essential that the
28 interruption or termination of the function will constitute a
29 clear and present danger to the health and safety of the
30 persons in the affected community.
31 (f) "Exclusive representative", except with respect to
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1 non-State fire fighters and paramedics employed by fire
2 departments and fire protection districts, non-State peace
3 officers, and peace officers in the Department of State
4 Police, means the labor organization that has been (i)
5 designated by the Board as the representative of a majority
6 of public employees in an appropriate bargaining unit in
7 accordance with the procedures contained in this Act, (ii)
8 historically recognized by the State of Illinois or any
9 political subdivision of the State before July 1, 1984 (the
10 effective date of this Act) as the exclusive representative
11 of the employees in an appropriate bargaining unit, or (iii)
12 after July 1, 1984 (the effective date of this Act)
13 recognized by an employer upon evidence, acceptable to the
14 Board, that the labor organization has been designated as the
15 exclusive representative by a majority of the employees in an
16 appropriate bargaining unit.
17 With respect to non-State fire fighters and paramedics
18 employed by fire departments and fire protection districts,
19 non-State peace officers, and peace officers in the
20 Department of State Police, "exclusive representative" means
21 the labor organization that has been (i) designated by the
22 Board as the representative of a majority of peace officers
23 or fire fighters in an appropriate bargaining unit in
24 accordance with the procedures contained in this Act, (ii)
25 historically recognized by the State of Illinois or any
26 political subdivision of the State before January 1, 1986
27 (the effective date of this amendatory Act of 1985) as the
28 exclusive representative by a majority of the peace officers
29 or fire fighters in an appropriate bargaining unit, or (iii)
30 after January 1, 1986 (the effective date of this amendatory
31 Act of 1985) recognized by an employer upon evidence,
32 acceptable to the Board, that the labor organization has been
33 designated as the exclusive representative by a majority of
34 the peace officers or fire fighters in an appropriate
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1 bargaining unit.
2 (g) "Fair share agreement" means an agreement between
3 the employer and an employee organization under which all or
4 any of the employees in a collective bargaining unit are
5 required to pay their proportionate share of the costs of the
6 collective bargaining process, contract administration, and
7 pursuing matters affecting wages, hours, and other conditions
8 of employment, but not to exceed the amount of dues uniformly
9 required of members. The amount certified by the exclusive
10 representative shall not include any fees for contributions
11 related to the election or support of any candidate for
12 political office. Nothing in this subsection (g) shall
13 preclude an employee from making voluntary political
14 contributions in conjunction with his or her fair share
15 payment.
16 (g-1) "Fire fighter" means, for the purposes of this Act
17 only, any person who has been or is hereafter appointed to a
18 fire department or fire protection district or employed by a
19 state university and sworn or commissioned to perform fire
20 fighter duties or paramedic duties, except that the following
21 persons are not included: part-time fire fighters, auxiliary,
22 reserve or voluntary fire fighters, including paid on-call
23 fire fighters, clerks and dispatchers or other civilian
24 employees of a fire department or fire protection district
25 who are not routinely expected to perform fire fighter
26 duties, or elected officials.
27 (g-2) "General Assembly of the State of Illinois" means
28 the legislative branch of the government of the State of
29 Illinois, as provided for under Article IV of the
30 Constitution of the State of Illinois, and includes but is
31 not limited to the House of Representatives, the Senate, the
32 Speaker of the House of Representatives, the Minority Leader
33 of the House of Representatives, the President of the Senate,
34 the Minority Leader of the Senate, the Joint Committee on
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1 Legislative Support Services and any legislative support
2 services agency listed in the Legislative Commission
3 Reorganization Act of 1984.
4 (h) "Governing body" means, in the case of the State,
5 the State Labor Relations Board, the Director of the
6 Department of Central Management Services, and the Director
7 of the Department of Labor; the county board in the case of a
8 county; the corporate authorities in the case of a
9 municipality; and the appropriate body authorized to provide
10 for expenditures of its funds in the case of any other unit
11 of 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 (j) "Managerial employee" means an individual who is
18 engaged predominantly in executive and management functions
19 and is charged with the responsibility of directing the
20 effectuation of management policies and practices. No
21 employee shall be considered a "managerial employee" because
22 he or she belongs to a classification of employees to whom
23 executive and management functions may be delegated in the
24 absence of proof that a particular employee has actually
25 received such a delegation on a regular basis. The statutory
26 authority of an employer to delegate executive and management
27 functions to an employee shall not be determinative of the
28 employee's status as a "managerial employee". No employee
29 shall be considered a "managerial employee" because he or she
30 performs professional duties. In determining an employee's
31 status as a "managerial employee", the Board shall be limited
32 to considering the employee's actual job duties and
33 responsibilities and the extent to which the employee has
34 actual authority concerning the overall operations and
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1 governance of the office in which the employee works.
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
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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 than that 2 consecutive calendar quarters
25 during a calendar year and who does not have a reasonable
26 assurance that he or she will be rehired by the same employer
27 for the 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
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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. In addition, in determining supervisory
7 status in police employment, rank shall not be determinative.
8 The Board shall consider, as evidence of bargaining unit
9 inclusion or exclusion, the common law enforcement policies
10 and relationships between police officer ranks and
11 certification under applicable civil service law, ordinances,
12 personnel codes, or Division 2.1 of Article 10 of the
13 Illinois Municipal Code, but these factors shall not be the
14 sole or predominant factors considered by the Board in
15 determining police supervisory status.
16 Notwithstanding the provisions of the preceding
17 paragraph, in determining supervisory status in fire fighter
18 employment, no fire fighter shall be excluded as a supervisor
19 who has established representation rights under Section 9 of
20 this Act. Further, in new fire fighter units, employees
21 shall consist of fire fighters of the rank of company officer
22 and below. If a company officer otherwise qualifies as a
23 supervisor under the preceding paragraph, however, he or she
24 shall not be included in the fire fighter unit. If there is
25 no rank between that of chief and the highest company
26 officer, the employer may designate a position on each shift
27 as a Shift Commander, and the persons occupying those
28 positions shall be supervisors. All other ranks above that
29 of company officer shall be supervisors.
30 (s) (1) "Unit" means a class of jobs or positions that
31 are held by employees whose collective interests may suitably
32 be represented by a labor organization for collective
33 bargaining. Except with respect to non-State fire fighters
34 and paramedics employed by fire departments and fire
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1 protection districts, non-State peace officers, and peace
2 officers in the Department of State Police, a bargaining unit
3 determined by the Board shall not include both employees and
4 supervisors, or supervisors only, except as provided in
5 paragraph (2) of this subsection (s) and except for
6 bargaining units in existence on July 1, 1984 (the effective
7 date of this Act). With respect to non-State fire fighters
8 and paramedics employed by fire departments and fire
9 protection districts, non-State peace officers, and peace
10 officers in the Department of State Police, a bargaining unit
11 determined by the Board shall not include both supervisors
12 and nonsupervisors, or supervisors only, except as provided
13 in paragraph (2) of this subsection (s) and except for
14 bargaining units in existence on January 1, 1986 (the
15 effective date of this amendatory Act of 1985). A bargaining
16 unit determined by the Board to contain peace officers shall
17 contain no employees other than peace officers unless
18 otherwise agreed to by the employer and the labor
19 organization or labor organizations involved.
20 Notwithstanding any other provision of this Act, a bargaining
21 unit, including a historical bargaining unit, containing
22 sworn peace officers of the Department of Natural Resources
23 (formerly designated the Department of Conservation) shall
24 contain no employees other than such sworn peace officers
25 upon the effective date of this amendatory Act of 1990 or
26 upon the expiration date of any collective bargaining
27 agreement in effect upon the effective date of this
28 amendatory Act of 1990 covering both such sworn peace
29 officers and other employees.
30 (2) Notwithstanding the exclusion of supervisors from
31 bargaining units as provided in paragraph (1) of this
32 subsection (s), a public employer may agree to permit its
33 supervisory employees to form bargaining units and may
34 bargain with those units. This Act shall apply if the public
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1 employer chooses to bargain under this subsection.
2 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
3 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
4 6-1-97; 90-14, eff. 7-1-97; revised 12-18-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.