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90_SB0285ham003
LRB9001460NTsbam03
1 AMENDMENT TO SENATE BILL 285
2 AMENDMENT NO. . Amend Senate Bill 285, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning transportation, amending named Acts.";
5 and
6 below the enacting clause, by inserting the following:
7 "Section 3. The Metropolitan Transit Authority Act is
8 amended by changing Section 28 as follows:
9 (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)
10 Sec. 28. The Board shall classify all the offices,
11 positions and grades of regular and exempt employment
12 required, excepting that of the Chairman of the Board, the
13 Executive Director, Secretary, Treasurer, General Counsel,
14 and Chief Engineer, with reference to the duties, job title,
15 job schedule number, and the compensation fixed therefor, and
16 adopt rules governing appointments to any of such offices or
17 positions on the basis of merit and efficiency. The job title
18 shall be generally descriptive of the duties performed in
19 that job, and the job schedule number shall be used to
20 identify a job title and to further classify positions within
21 a job title. No discrimination shall be made in any
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1 appointment or promotion to any office, position, or grade of
2 regular employment because of race, creed, color, sex,
3 national origin, physical or mental handicap unrelated to
4 ability, or political or religious affiliations. No officer
5 or employee in regular employment shall be discharged or
6 demoted except for cause which is detrimental to the service.
7 Any officer or employee in regular employment who is
8 discharged or demoted may file a complaint in writing with
9 the Board within ten days after notice of his or her
10 discharge or demotion. If an employee is a member of a labor
11 organization the complaint may be filed by such organization
12 for and in behalf of such employee. The Board shall grant a
13 hearing on such complaint within thirty (30) days after it is
14 filed. The time and place of the hearing shall be fixed by
15 the Board and due notice thereof given to the complainant,
16 the labor organization by or through which the complaint was
17 filed and the Executive Director. The hearing shall be
18 conducted by the Board, or any member thereof or any
19 officers' committee or employees' committee appointed by the
20 Board. The complainant may be represented by counsel. If
21 the Board finds, or approves a finding of the member or
22 committee appointed by the Board, that the complainant has
23 been unjustly discharged or demoted, he or she shall be
24 restored to his or her office or position with back pay. The
25 decision of the Board shall be final and not subject to
26 review. The Board may designate such offices, positions, and
27 grades of employment as exempt as it deems necessary for the
28 efficient operation of the business of the Authority. The
29 total number of employees occupying exempt offices,
30 positions, or grades of employment may not exceed 3% of the
31 total employment of the Authority. All exempt offices,
32 positions, and grades of employment shall be at will. No
33 discrimination shall be made in any appointment or promotion
34 to any office, position, or grade of exempt employment
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1 because of race, creed, color, sex, national origin, physical
2 or mental handicap unrelated to ability, or religious or
3 political affiliation. The Board may abolish any vacant or
4 occupied office or position. Additionally, the Board may
5 reduce the force of employees for lack of work or lack of
6 funds as determined by the Board. When the number of
7 positions or employees holding positions of regular
8 employment within a particular job title and job schedule
9 number are reduced, those employees with the least company
10 seniority in that job title and job schedule number shall be
11 first released from regular employment service. For a period
12 of one year, an employee released from service shall be
13 eligible for reinstatement to the job title and job schedule
14 number from which he or she was released, in order of company
15 seniority, if additional force of employees is required.
16 "Company seniority" as used in this Section means the overall
17 employment service credited to an employee by the Authority
18 since the employee's most recent date of hire irrespective of
19 job titles held. If 2 or more employees have the same
20 company seniority date, time in the affected job title and
21 job schedule number shall be used to break the company
22 seniority tie. For purposes of this Section, company
23 seniority shall be considered a working condition. When
24 employees are represented by a labor organization that has a
25 labor agreement with the Authority, the wages, hours, and
26 working conditions (including, but not limited to, seniority
27 rights) shall be governed by the terms of the agreement.
28 Exempt employment shall not include any employees who are
29 represented by a labor organization that has a labor
30 agreement with the Authority.
31 (Source: P.A. 87-597; 88-518.)".