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90_SB0469eng
5 ILCS 315/20 from Ch. 48, par. 1620
Amends the Illinois Public Labor Relations Act. Provides
that the Act does not apply to an entity with less than 35
employees that is created by intergovernmental agreement
under the Illinois Constitution or the Intergovernmental
Cooperation Act.
LRB9002249PTcw
SB469 Engrossed LRB9002249PTcw
1 AN ACT to amend the Illinois Public Labor Relations Act
2 by changing Sections 3, 14, 17, and 20.
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 Sections 3, 14, 17, and 20 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 (d-1) "Dispatcher" means a person performing 9-1-1
11 public safety telecommunications at a public safety answering
12 point to notify a public safety agency or dispatch a provider
13 of public emergency services.
14 (e) "Essential services employees" means those public
15 employees performing functions so essential that the
16 interruption or termination of the function will constitute a
17 clear and present danger to the health and safety of the
18 persons in the affected community.
19 (f) "Exclusive representative", except with respect to
20 non-State fire fighters and paramedics employed by fire
21 departments and fire protection districts, non-State peace
22 officers, and peace officers in the Department of State
23 Police, means the labor organization that has been (i)
24 designated by the Board as the representative of a majority
25 of public employees 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 July 1, 1984 (the
29 effective date of this Act) as the exclusive representative
30 of the employees in an appropriate bargaining unit, or (iii)
31 after July 1, 1984 (the effective date of this Act)
32 recognized by an employer upon evidence, acceptable to the
33 Board, that the labor organization has been designated as the
34 exclusive representative by a majority of the employees in an
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1 appropriate bargaining unit.
2 With respect to non-State fire fighters and paramedics
3 employed by fire departments and fire protection districts,
4 non-State peace officers, and peace officers in the
5 Department of State Police, "exclusive representative" means
6 the labor organization that has been (i) designated by the
7 Board as the representative of a majority of peace officers
8 or fire fighters 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 January 1, 1986
12 (the effective date of this amendatory Act of 1985) as the
13 exclusive representative by a majority of the peace officers
14 or fire fighters in an appropriate bargaining unit, or (iii)
15 after January 1, 1986 (the effective date of this amendatory
16 Act of 1985) recognized by an employer upon evidence,
17 acceptable to the Board, that the labor organization has been
18 designated as the exclusive representative by a majority of
19 the peace officers or fire fighters in an appropriate
20 bargaining unit.
21 (g) "Fair share agreement" means an agreement between
22 the employer and an employee organization under which all or
23 any of the employees in a collective bargaining unit are
24 required to pay their proportionate share of the costs of the
25 collective bargaining process, contract administration, and
26 pursuing matters affecting wages, hours, and other conditions
27 of employment, but not to exceed the amount of dues uniformly
28 required of members. The amount certified by the exclusive
29 representative shall not include any fees for contributions
30 related to the election or support of any candidate for
31 political office. Nothing in this subsection (g) shall
32 preclude an employee from making voluntary political
33 contributions in conjunction with his or her fair share
34 payment.
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1 (g-1) "Fire fighter" means, for the purposes of this Act
2 only, any person who has been or is hereafter appointed to a
3 fire department or fire protection district or employed by a
4 state university and sworn or commissioned to perform fire
5 fighter duties or paramedic duties, except that the following
6 persons are not included: part-time fire fighters, auxiliary,
7 reserve or voluntary fire fighters, including paid on-call
8 fire fighters, clerks and dispatchers or other civilian
9 employees of a fire department or fire protection district
10 who are not routinely expected to perform fire fighter
11 duties, or elected officials.
12 (g-2) "General Assembly of the State of Illinois" means
13 the legislative branch of the government of the State of
14 Illinois, as provided for under Article IV of the
15 Constitution of the State of Illinois, and includes but is
16 not limited to the House of Representatives, the Senate, the
17 Speaker of the House of Representatives, the Minority Leader
18 of the House of Representatives, the President of the Senate,
19 the Minority Leader of the Senate, the Joint Committee on
20 Legislative Support Services and any legislative support
21 services agency listed in the Legislative Commission
22 Reorganization Act of 1984.
23 (h) "Governing body" means, in the case of the State,
24 the State Labor Relations Board, the Director of the
25 Department of Central Management Services, and the Director
26 of the Department of Labor; the county board in the case of a
27 county; the corporate authorities in the case of a
28 municipality; and the appropriate body authorized to provide
29 for expenditures of its funds in the case of any other unit
30 of government.
31 (i) "Labor organization" means any organization in which
32 public employees participate and that exists for the purpose,
33 in whole or in part, of dealing with a public employer
34 concerning wages, hours, and other terms and conditions of
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1 employment, including the settlement of grievances.
2 (j) "Managerial employee" means an individual who is
3 engaged predominantly in executive and management functions
4 and is charged with the responsibility of directing the
5 effectuation of management policies and practices.
6 (k) "Peace officer" means, for the purposes of this Act
7 only, any persons who have been or are hereafter appointed to
8 a police force, department, or agency and sworn or
9 commissioned to perform police duties, except that the
10 following persons are not included: part-time police
11 officers, special police officers, auxiliary police as
12 defined by Section 3.1-30-20 of the Illinois Municipal Code,
13 night watchmen, "merchant police", court security officers as
14 defined by Section 3-6012.1 of the Counties Code, temporary
15 employees, traffic guards or wardens, civilian parking meter
16 and parking facilities personnel or other individuals
17 specially appointed to aid or direct traffic at or near
18 schools or public functions or to aid in civil defense or
19 disaster, parking enforcement employees who are not
20 commissioned as peace officers and who are not armed and who
21 are not routinely expected to effect arrests, parking lot
22 attendants, clerks and dispatchers or other civilian
23 employees of a police department who are not routinely
24 expected to effect arrests, or elected officials.
25 (l) "Person" includes one or more individuals, labor
26 organizations, public employees, associations, corporations,
27 legal representatives, trustees, trustees in bankruptcy,
28 receivers, or the State of Illinois or any political
29 subdivision of the State or governing body, but does not
30 include the General Assembly of the State of Illinois or any
31 individual employed by the General Assembly of the State of
32 Illinois.
33 (m) "Professional employee" means any employee engaged
34 in work predominantly intellectual and varied in character
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1 rather than routine mental, manual, mechanical or physical
2 work; involving the consistent exercise of discretion and
3 adjustment in its performance; of such a character that the
4 output produced or the result accomplished cannot be
5 standardized in relation to a given period of time; and
6 requiring advanced knowledge in a field of science or
7 learning customarily acquired by a prolonged course of
8 specialized intellectual instruction and study in an
9 institution of higher learning or a hospital, as
10 distinguished from a general academic education or from
11 apprenticeship or from training in the performance of routine
12 mental, manual, or physical processes; or any employee who
13 has completed the courses of specialized intellectual
14 instruction and study prescribed in this subsection (m) and
15 is performing related work under the supervision of a
16 professional person to qualify to become a professional
17 employee as defined in this subsection (m).
18 (n) "Public employee" or "employee", for the purposes of
19 this Act, means any individual employed by a public employer,
20 including interns and residents at public hospitals, but
21 excluding all of the following: employees of the General
22 Assembly of the State of Illinois; elected officials;
23 executive heads of a department; members of boards or
24 commissions; employees of any agency, board or commission
25 created by this Act; employees appointed to State positions
26 of a temporary or emergency nature; all employees of school
27 districts and higher education institutions except
28 firefighters and peace officers employed by a state
29 university; managerial employees; short-term employees;
30 confidential employees; independent contractors; and
31 supervisors except as provided in this Act.
32 Notwithstanding Section 9, subsection (c), or any other
33 provisions of this Act, all peace officers above the rank of
34 captain in municipalities with more than 1,000,000
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1 inhabitants shall be excluded from this Act.
2 (o) "Public employer" or "employer" means the State of
3 Illinois; any political subdivision of the State, unit of
4 local government or school district; authorities including
5 departments, divisions, bureaus, boards, commissions, or
6 other agencies of the foregoing entities; and any person
7 acting within the scope of his or her authority, express or
8 implied, on behalf of those entities in dealing with its
9 employees. "Public employer" or "employer" as used in this
10 Act, however, does not mean and shall not include the General
11 Assembly of the State of Illinois and educational employers
12 or employers as defined in the Illinois Educational Labor
13 Relations Act, except with respect to a state university in
14 its employment of firefighters and peace officers. County
15 boards and county sheriffs shall be designated as joint or
16 co-employers of county peace officers appointed under the
17 authority of a county sheriff. Nothing in this subsection
18 (o) shall be construed to prevent the State Board or the
19 Local Board from determining that employers are joint or
20 co-employers.
21 (p) "Security employee" means an employee who is
22 responsible for the supervision and control of inmates at
23 correctional facilities. The term also includes other
24 non-security employees in bargaining units having the
25 majority of employees being responsible for the supervision
26 and control of inmates at correctional facilities.
27 (q) "Short-term employee" means an employee who is
28 employed for less that 2 consecutive calendar quarters during
29 a calendar year and who does not have a reasonable assurance
30 that he or she will be rehired by the same employer for the
31 same service in a subsequent calendar year.
32 (r) "Supervisor" is an employee whose principal work is
33 substantially different from that of his or her subordinates
34 and who has authority, in the interest of the employer, to
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1 hire, transfer, suspend, lay off, recall, promote, discharge,
2 direct, reward, or discipline employees, to adjust their
3 grievances, or to effectively recommend any of those actions,
4 if the exercise of that authority is not of a merely routine
5 or clerical nature, but requires the consistent use of
6 independent judgment. Except with respect to police
7 employment, the term "supervisor" includes only those
8 individuals who devote a preponderance of their employment
9 time to exercising that authority, State supervisors
10 notwithstanding. In addition, in determining supervisory
11 status in police employment, rank shall not be determinative.
12 The Board shall consider, as evidence of bargaining unit
13 inclusion or exclusion, the common law enforcement policies
14 and relationships between police officer ranks and
15 certification under applicable civil service law, ordinances,
16 personnel codes, or Division 2.1 of Article 10 of the
17 Illinois Municipal Code, but these factors shall not be the
18 sole or predominant factors considered by the Board in
19 determining police supervisory status.
20 Notwithstanding the provisions of the preceding
21 paragraph, in determining supervisory status in fire fighter
22 employment, no fire fighter shall be excluded as a supervisor
23 who has established representation rights under Section 9 of
24 this Act. Further, in new fire fighter units, employees
25 shall consist of fire fighters of the rank of company officer
26 and below. If a company officer otherwise qualifies as a
27 supervisor under the preceding paragraph, however, he or she
28 shall not be included in the fire fighter unit. If there is
29 no rank between that of chief and the highest company
30 officer, the employer may designate a position on each shift
31 as a Shift Commander, and the persons occupying those
32 positions shall be supervisors. All other ranks above that
33 of company officer shall be supervisors.
34 (s) (1) "Unit" means a class of jobs or positions that
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1 are held by employees whose collective interests may suitably
2 be represented by a labor organization for collective
3 bargaining. Except with respect to non-State fire fighters
4 and paramedics employed by fire departments and fire
5 protection districts, non-State peace officers, and peace
6 officers in the Department of State Police, a bargaining unit
7 determined 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.
24 Notwithstanding any other provision of this Act, a bargaining
25 unit, including a historical bargaining unit, containing
26 sworn peace officers of the Department of Natural Resources
27 (formerly designated the Department of Conservation) shall
28 contain no employees other than such sworn peace officers
29 upon the effective date of this amendatory Act of 1990 or
30 upon the expiration date of any collective bargaining
31 agreement in effect upon the effective date of this
32 amendatory Act of 1990 covering both such sworn peace
33 officers and other employees.
34 (2) Notwithstanding the exclusion of supervisors from
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1 bargaining units as provided in paragraph (1) of this
2 subsection (s), a public employer may agree to permit its
3 supervisory employees to form bargaining units and may
4 bargain with those units. This Act shall apply if the public
5 employer chooses to bargain under this subsection.
6 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
7 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
8 6-1-97; revised 1-14-97.)
9 (5 ILCS 315/14) (from Ch. 48, par. 1614)
10 Sec. 14. Security employee, peace officer, and fire
11 fighter, and dispatcher disputes.
12 (a) In the case of collective bargaining agreements
13 involving units of security employees of a public employer,
14 Peace Officer Units, or units of fire fighters or paramedics,
15 or units of dispatchers of a public employer, and in the case
16 of disputes under Section 18, unless the parties mutually
17 agree to some other time limit, mediation shall commence 30
18 days prior to the expiration date of such agreement or at
19 such later time as the mediation services chosen under
20 subsection (b) of Section 12 can be provided to the parties.
21 In the case of negotiations for an initial collective
22 bargaining agreement, mediation shall commence upon 15 days
23 notice from either party or at such later time as the
24 mediation services chosen pursuant to subsection (b) of
25 Section 12 can be provided to the parties. In mediation under
26 this Section, if either party requests the use of mediation
27 services from the Federal Mediation and Conciliation Service,
28 the other party shall either join in such request or bear the
29 additional cost of mediation services from another source.
30 The mediator shall have a duty to keep the Board informed on
31 the progress of the mediation. If any dispute has not been
32 resolved within 15 days after the first meeting of the
33 parties and the mediator, or within such other time limit as
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1 may be mutually agreed upon by the parties, either the
2 exclusive representative or employer may request of the
3 other, in writing, arbitration, and shall submit a copy of
4 the request to the Board.
5 (b) Within 10 days after such a request for arbitration
6 has been made, the employer shall choose a delegate and the
7 employees' exclusive representative shall choose a delegate
8 to a panel of arbitration as provided in this Section. The
9 employer and employees shall forthwith advise the other and
10 the Board of their selections.
11 (c) Within 7 days of the request of either party, the
12 Board shall select from the Public Employees Labor Mediation
13 Roster 7 persons who are on the labor arbitration panels of
14 either the American Arbitration Association or the Federal
15 Mediation and Conciliation Service, or who are members of the
16 National Academy of Arbitrators, as nominees for impartial
17 arbitrator of the arbitration panel. The parties may select
18 an individual on the list provided by the Board or any other
19 individual mutually agreed upon by the parties. Within 7
20 days following the receipt of the list, the parties shall
21 notify the Board of the person they have selected. Unless
22 the parties agree on an alternate selection procedure, they
23 shall alternatively strike one name from the list provided by
24 the Board until only one name remains. A coin toss shall
25 determine which party shall strike the first name. If the
26 parties fail to notify the Board in a timely manner of their
27 selection for neutral chairman, the Board shall appoint a
28 neutral chairman from the Illinois Public Employees
29 Mediation/Arbitration Roster.
30 (d) The chairman shall call a hearing to begin within 15
31 days and give reasonable notice of the time and place of the
32 hearing. The hearing shall be held at the offices of the
33 Board or at such other location as the Board deems
34 appropriate. The chairman shall preside over the hearing and
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1 shall take testimony. Any oral or documentary evidence and
2 other data deemed relevant by the arbitration panel may be
3 received in evidence. The proceedings shall be informal.
4 Technical rules of evidence shall not apply and the
5 competency of the evidence shall not thereby be deemed
6 impaired. A verbatim record of the proceedings shall be made
7 and the arbitrator shall arrange for the necessary recording
8 service. Transcripts may be ordered at the expense of the
9 party ordering them, but the transcripts shall not be
10 necessary for a decision by the arbitration panel. The
11 expense of the proceedings, including a fee for the chairman,
12 established in advance by the Board, shall be borne equally
13 by each of the parties to the dispute. The delegates, if
14 public officers or employees, shall continue on the payroll
15 of the public employer without loss of pay. The hearing
16 conducted by the arbitration panel may be adjourned from time
17 to time, but unless otherwise agreed by the parties, shall be
18 concluded within 30 days of the time of its commencement.
19 Majority actions and rulings shall constitute the actions and
20 rulings of the arbitration panel. Arbitration proceedings
21 under this Section shall not be interrupted or terminated by
22 reason of any unfair labor practice charge filed by either
23 party at any time.
24 (e) The arbitration panel may administer oaths, require
25 the attendance of witnesses, and the production of such
26 books, papers, contracts, agreements and documents as may be
27 deemed by it material to a just determination of the issues
28 in dispute, and for such purpose may issue subpoenas. If any
29 person refuses to obey a subpoena, or refuses to be sworn or
30 to testify, or if any witness, party or attorney is guilty of
31 any contempt while in attendance at any hearing, the
32 arbitration panel may, or the attorney general if requested
33 shall, invoke the aid of any circuit court within the
34 jurisdiction in which the hearing is being held, which court
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1 shall issue an appropriate order. Any failure to obey the
2 order may be punished by the court as contempt.
3 (f) At any time before the rendering of an award, the
4 chairman of the arbitration panel, if he is of the opinion
5 that it would be useful or beneficial to do so, may remand
6 the dispute to the parties for further collective bargaining
7 for a period not to exceed 2 weeks. If the dispute is
8 remanded for further collective bargaining the time
9 provisions of this Act shall be extended for a time period
10 equal to that of the remand. The chairman of the panel of
11 arbitration shall notify the Board of the remand.
12 (g) At or before the conclusion of the hearing held
13 pursuant to subsection (d), the arbitration panel shall
14 identify the economic issues in dispute, and direct each of
15 the parties to submit, within such time limit as the panel
16 shall prescribe, to the arbitration panel and to each other
17 its last offer of settlement on each economic issue. The
18 determination of the arbitration panel as to the issues in
19 dispute and as to which of these issues are economic shall be
20 conclusive. The arbitration panel, within 30 days after the
21 conclusion of the hearing, or such further additional periods
22 to which the parties may agree, shall make written findings
23 of fact and promulgate a written opinion and shall mail or
24 otherwise deliver a true copy thereof to the parties and
25 their representatives and to the Board. As to each economic
26 issue, the arbitration panel shall adopt the last offer of
27 settlement which, in the opinion of the arbitration panel,
28 more nearly complies with the applicable factors prescribed
29 in subsection (h). The findings, opinions and order as to
30 all other issues shall be based upon the applicable factors
31 prescribed in subsection (h).
32 (h) Where there is no agreement between the parties, or
33 where there is an agreement but the parties have begun
34 negotiations or discussions looking to a new agreement or
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1 amendment of the existing agreement, and wage rates or other
2 conditions of employment under the proposed new or amended
3 agreement are in dispute, the arbitration panel shall base
4 its findings, opinions and order upon the following factors,
5 as applicable:
6 (1) The lawful authority of the employer.
7 (2) Stipulations of the parties.
8 (3) The interests and welfare of the public and the
9 financial ability of the unit of government to meet those
10 costs.
11 (4) Comparison of the wages, hours and conditions
12 of employment of the employees involved in the
13 arbitration proceeding with the wages, hours and
14 conditions of employment of other employees performing
15 similar services and with other employees generally:
16 (A) In public employment in comparable
17 communities.
18 (B) In private employment in comparable
19 communities.
20 (5) The average consumer prices for goods and
21 services, commonly known as the cost of living.
22 (6) The overall compensation presently received by
23 the employees, including direct wage compensation,
24 vacations, holidays and other excused time, insurance and
25 pensions, medical and hospitalization benefits, the
26 continuity and stability of employment and all other
27 benefits received.
28 (7) Changes in any of the foregoing circumstances
29 during the pendency of the arbitration proceedings.
30 (8) Such other factors, not confined to the
31 foregoing, which are normally or traditionally taken into
32 consideration in the determination of wages, hours and
33 conditions of employment through voluntary collective
34 bargaining, mediation, fact-finding, arbitration or
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1 otherwise between the parties, in the public service or
2 in private employment.
3 (i) In the case of peace officers, the arbitration
4 decision shall be limited to wages, hours and conditions of
5 employment and shall not include the following: i) residency
6 requirements; ii) the type of equipment, other than uniforms,
7 issued or used; iii) manning; iv) the total number of
8 employees employed by the department; v) mutual aid and
9 assistance agreements to other units of government; and vi)
10 the criterion pursuant to which force, including deadly
11 force, can be used; provided, nothing herein shall preclude
12 an arbitration decision regarding equipment or manning levels
13 if such decision is based on a finding that the equipment or
14 manning considerations in a specific work assignment involve
15 a serious risk to the safety of a peace officer beyond that
16 which is inherent in the normal performance of police duties.
17 Limitation of the terms of the arbitration decision pursuant
18 to this subsection shall not be construed to limit the
19 factors upon which the decision may be based, as set forth in
20 subsection (h).
21 In the case of fire fighter, and fire department or fire
22 district paramedic matters, the arbitration decision shall be
23 limited to wages, hours and conditions of employment and
24 shall not include the following matters: i) residency
25 requirements; ii) the type of equipment (other than uniforms
26 and fire fighter turnout gear) issued or used; iii) the total
27 number of employees employed by the department; iv) mutual
28 aid and assistance agreements to other units of government;
29 and v) the criterion pursuant to which force, including
30 deadly force, can be used; provided, however, nothing herein
31 shall preclude an arbitration decision regarding equipment
32 levels if such decision is based on a finding that the
33 equipment considerations in a specific work assignment
34 involve a serious risk to the safety of a fire fighter beyond
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1 that which is inherent in the normal performance of fire
2 fighter duties. Limitation of the terms of the arbitration
3 decision pursuant to this subsection shall not be construed
4 to limit the facts upon which the decision may be based, as
5 set forth in subsection (h).
6 To preserve historical bargaining rights, this subsection
7 shall not apply to any provision of a fire fighter collective
8 bargaining agreement in effect and applicable on the
9 effective date of this Act; provided, however, nothing herein
10 shall preclude arbitration with respect to any such
11 provision.
12 (j) Arbitration procedures shall be deemed to be
13 initiated by the filing of a letter requesting mediation as
14 required under subsection (a) of this Section. The
15 commencement of a new municipal fiscal year after the
16 initiation of arbitration procedures under this Act, but
17 before the arbitration decision, or its enforcement, shall
18 not be deemed to render a dispute moot, or to otherwise
19 impair the jurisdiction or authority of the arbitration panel
20 or its decision. Increases in rates of compensation awarded
21 by the arbitration panel may be effective only at the start
22 of the fiscal year next commencing after the date of the
23 arbitration award. If a new fiscal year has commenced either
24 since the initiation of arbitration procedures under this Act
25 or since any mutually agreed extension of the statutorily
26 required period of mediation under this Act by the parties to
27 the labor dispute causing a delay in the initiation of
28 arbitration, the foregoing limitations shall be inapplicable,
29 and such awarded increases may be retroactive to the
30 commencement of the fiscal year, any other statute or charter
31 provisions to the contrary, notwithstanding. At any time the
32 parties, by stipulation, may amend or modify an award of
33 arbitration.
34 (k) Orders of the arbitration panel shall be reviewable,
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1 upon appropriate petition by either the public employer or
2 the exclusive bargaining representative, by the circuit court
3 for the county in which the dispute arose or in which a
4 majority of the affected employees reside, but only for
5 reasons that the arbitration panel was without or exceeded
6 its statutory authority; the order is arbitrary, or
7 capricious; or the order was procured by fraud, collusion or
8 other similar and unlawful means. Such petitions for review
9 must be filed with the appropriate circuit court within 90
10 days following the issuance of the arbitration order. The
11 pendency of such proceeding for review shall not
12 automatically stay the order of the arbitration panel. The
13 party against whom the final decision of any such court shall
14 be adverse, if such court finds such appeal or petition to be
15 frivolous, shall pay reasonable attorneys' fees and costs to
16 the successful party as determined by said court in its
17 discretion. If said court's decision affirms the award of
18 money, such award, if retroactive, shall bear interest at the
19 rate of 12 percent per annum from the effective retroactive
20 date.
21 (l) During the pendency of proceedings before the
22 arbitration panel, existing wages, hours, and other
23 conditions of employment shall not be changed by action of
24 either party without the consent of the other but a party may
25 so consent without prejudice to his rights or position under
26 this Act. The proceedings are deemed to be pending before
27 the arbitration panel upon the initiation of arbitration
28 procedures under this Act.
29 (m) Security officers of public employers, and Peace
30 Officers, Fire Fighters, and fire department and fire
31 protection district paramedics, and dispatchers of public
32 employers, covered by this Section may not withhold services,
33 nor may public employers lock out or prevent such employees
34 from performing services at any time.
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1 (n) All of the terms decided upon by the arbitration
2 panel shall be included in an agreement to be submitted to
3 the public employer's governing body for ratification and
4 adoption by law, ordinance or the equivalent appropriate
5 means.
6 The governing body shall review each term decided by the
7 arbitration panel. If the governing body fails to reject one
8 or more terms of the arbitration panel's decision by a 3/5
9 vote of those duly elected and qualified members of the
10 governing body, within 20 days of issuance, or in the case of
11 firefighters employed by a state university, at the next
12 regularly scheduled meeting of the governing body after
13 issuance, such term or terms shall become a part of the
14 collective bargaining agreement of the parties. If the
15 governing body affirmatively rejects one or more terms of the
16 arbitration panel's decision, it must provide reasons for
17 such rejection with respect to each term so rejected, within
18 20 days of such rejection and the parties shall return to the
19 arbitration panel for further proceedings and issuance of a
20 supplemental decision with respect to the rejected terms.
21 Any supplemental decision by an arbitration panel or other
22 decision maker agreed to by the parties shall be submitted to
23 the governing body for ratification and adoption in
24 accordance with the procedures and voting requirements set
25 forth in this Section. The voting requirements of this
26 subsection shall apply to all disputes submitted to
27 arbitration pursuant to this Section notwithstanding any
28 contrary voting requirements contained in any existing
29 collective bargaining agreement between the parties.
30 (o) If the governing body of the employer votes to
31 reject the panel's decision, the parties shall return to the
32 panel within 30 days from the issuance of the reasons for
33 rejection for further proceedings and issuance of a
34 supplemental decision. All reasonable costs of such
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1 supplemental proceeding including the exclusive
2 representative's reasonable attorney's fees, as established
3 by the Board, shall be paid by the employer.
4 (p) Notwithstanding the provisions of this Section the
5 employer and exclusive representative may agree to submit
6 unresolved disputes concerning wages, hours, terms and
7 conditions of employment to an alternative form of impasse
8 resolution.
9 (Source: P.A. 89-195, eff. 7-21-95.)
10 (5 ILCS 315/17) (from Ch. 48, par. 1617)
11 Sec. 17. Right to strike.
12 (a) Nothing in this Act shall make it unlawful or make it
13 an unfair labor practice for public employees, other than
14 security employees, as defined in subsection (p) of Section 3
15 (3p), dispatchers as defined in subsection (d-1) of Section
16 3, Peace Officers, Fire Fighters, and paramedics employed by
17 fire departments and fire protection districts, to strike
18 except as otherwise provided in this Act. Public employees
19 who are permitted to strike may strike only if:
20 (1) the employees are represented by an exclusive
21 bargaining representative;
22 (2) the collective bargaining agreement between the
23 public employer and the public employees, if any, has
24 expired, or such collective bargaining agreement does not
25 prohibit the strike;
26 (3) the public employer and the labor organization have
27 not mutually agreed to submit the disputed issues to final
28 and binding arbitration;
29 (4) the exclusive representative has requested a
30 mediator pursuant to Section 12 for the purpose of mediation
31 or conciliation of a dispute between the public employer and
32 the exclusive representative and mediation has been used; and
33 (5) at least 5 days have elapsed after a notice of
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1 intent to strike has been given by the exclusive bargaining
2 representative to the public employer.
3 In mediation under this Section, if either party requests
4 the use of mediation services from the Federal Mediation and
5 Conciliation Service, the other party shall either join in
6 such request or bear the additional cost of mediation
7 services from another source.
8 (b) An employee who participates in a strike, work
9 stoppage or slowdown, in violation of this Act shall be
10 subject to discipline by the employer. No employer may pay
11 or cause such employee to be paid any wages or other
12 compensation for such periods of participation, except for
13 wages or compensation earned before participation in such
14 strike.
15 (Source: P.A. 86-412.)
16 (5 ILCS 315/20) (from Ch. 48, par. 1620)
17 Sec. 20. Prohibitions.
18 (a) Nothing in this Act shall be construed to require an
19 individual employee to render labor or service without his
20 consent, nor shall anything in this Act be construed to make
21 the quitting of his labor by an individual employee an
22 illegal act; nor shall any court issue any process to compel
23 the performance by an individual employee of such labor or
24 service, without his consent; nor shall the quitting of labor
25 by an employee or employees in good faith because of
26 abnormally dangerous conditions for work at the place of
27 employment of such employee be deemed a strike under this
28 Act.
29 (b) This Act shall not be applicable to (i) units of
30 local government employing less than 35 employees, except
31 with respect to bargaining units in existence on the
32 effective date of this Act and fire protection districts
33 required by the Fire Protection District Act to appoint a
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1 Board of Fire Commissioners or (ii) an entity created by
2 intergovernmental agreement under the Illinois Constitution
3 or the Intergovernmental Cooperation Act that performs 9-1-1
4 public safety telecommunications at a public safety answering
5 point to notify a public safety agency or dispatch a provider
6 of public emergency services and that employs less than 15
7 full-time dispatchers as defined in subsection (d-1) of
8 Section 3.
9 (Source: P.A. 87-736.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.