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90_SB0469sam002
LRB9002249PTcwam01
1 AMENDMENT TO SENATE BILL 469
2 AMENDMENT NO. . Amend Senate Bill 469 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Labor Relations Act
5 by changing Sections 3, 14, 17, and 20"; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Labor Relations Act is
9 amended by changing Sections 3, 14, 17, and 20 as follows:
10 (5 ILCS 315/3) (from Ch. 48, par. 1603)
11 (Text of Section before amendment by P.A. 89-685)
12 Sec. 3. Definitions. As used in this Act, unless the
13 context otherwise requires:
14 (a) "Board" or "Governing Board" means either the
15 Illinois State Labor Relations Board or the Illinois Local
16 Labor Relations Board.
17 (b) "Collective bargaining" means bargaining over terms
18 and conditions of employment, including hours, wages, and
19 other conditions of employment, as detailed in Section 7 and
20 which are not excluded by Section 4.
21 (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", temporary employees,
10 traffic guards or wardens, civilian parking meter and parking
11 facilities personnel or other individuals specially appointed
12 to aid or direct traffic at or near schools or public
13 functions or to aid in civil defense or disaster, parking
14 enforcement employees who are not commissioned as peace
15 officers and who are not armed and who are not routinely
16 expected to effect arrests, parking lot attendants, clerks
17 and dispatchers or other civilian employees of a police
18 department who are not routinely expected to effect arrests,
19 or elected officials.
20 (l) "Person" includes one or more individuals, labor
21 organizations, public employees, associations, corporations,
22 legal representatives, trustees, trustees in bankruptcy,
23 receivers, or the State of Illinois or any political
24 subdivision of the State or governing body, but does not
25 include the General Assembly of the State of Illinois or any
26 individual employed by the General Assembly of the State of
27 Illinois.
28 (m) "Professional employee" means any employee engaged
29 in work predominantly intellectual and varied in character
30 rather than routine mental, manual, mechanical or physical
31 work; involving the consistent exercise of discretion and
32 adjustment in its performance; of such a character that the
33 output produced or the result accomplished cannot be
34 standardized in relation to a given period of time; and
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1 requiring advanced knowledge in a field of science or
2 learning customarily acquired by a prolonged course of
3 specialized intellectual instruction and study in an
4 institution of higher learning or a hospital, as
5 distinguished from a general academic education or from
6 apprenticeship or from training in the performance of routine
7 mental, manual, or physical processes; or any employee who
8 has completed the courses of specialized intellectual
9 instruction and study prescribed in this subsection (m) and
10 is performing related work under the supervision of a
11 professional person to qualify to become a professional
12 employee as defined in this subsection (m).
13 (n) "Public employee" or "employee", for the purposes of
14 this Act, means any individual employed by a public employer,
15 including interns and residents at public hospitals, but
16 excluding all of the following: employees of the General
17 Assembly of the State of Illinois; elected officials;
18 executive heads of a department; members of boards or
19 commissions; employees of any agency, board or commission
20 created by this Act; employees appointed to State positions
21 of a temporary or emergency nature; all employees of school
22 districts and higher education institutions except
23 firefighters and peace officers employed by a state
24 university; managerial employees; short-term employees;
25 confidential employees; independent contractors; and
26 supervisors except as provided in this Act.
27 Notwithstanding Section 9, subsection (c), or any other
28 provisions of this Act, all peace officers above the rank of
29 captain in municipalities with more than 1,000,000
30 inhabitants shall be excluded from this Act.
31 (o) "Public employer" or "employer" means the State of
32 Illinois; any political subdivision of the State, unit of
33 local government or school district; authorities including
34 departments, divisions, bureaus, boards, commissions, or
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1 other agencies of the foregoing entities; and any person
2 acting within the scope of his or her authority, express or
3 implied, on behalf of those entities in dealing with its
4 employees. "Public employer" or "employer" as used in this
5 Act, however, does not mean and shall not include the General
6 Assembly of the State of Illinois and educational employers
7 or employers as defined in the Illinois Educational Labor
8 Relations Act, except with respect to a state university in
9 its employment of firefighters and peace officers. County
10 boards and county sheriffs shall be designated as joint or
11 co-employers of county peace officers appointed under the
12 authority of a county sheriff. Nothing in this subsection
13 (o) shall be construed to prevent the State Board or the
14 Local Board from determining that employers are joint or
15 co-employers.
16 (p) "Security employee" means an employee who is
17 responsible for the supervision and control of inmates at
18 correctional facilities. The term also includes other
19 non-security employees in bargaining units having the
20 majority of employees being responsible for the supervision
21 and control of inmates at correctional facilities.
22 (q) "Short-term employee" means an employee who is
23 employed for less that 2 consecutive calendar quarters during
24 a calendar year and who does not have a reasonable assurance
25 that he or she will be rehired by the same employer for the
26 same service in a subsequent calendar year.
27 (r) "Supervisor" is an employee whose principal work is
28 substantially different from that of his or her subordinates
29 and who has authority, in the interest of the employer, to
30 hire, transfer, suspend, lay off, recall, promote, discharge,
31 direct, reward, or discipline employees, to adjust their
32 grievances, or to effectively recommend any of those actions,
33 if the exercise of that authority is not of a merely routine
34 or clerical nature, but requires the consistent use of
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1 independent judgment. Except with respect to police
2 employment, the term "supervisor" includes only those
3 individuals who devote a preponderance of their employment
4 time to exercising that authority, State supervisors
5 notwithstanding. In addition, in determining supervisory
6 status in police employment, rank shall not be determinative.
7 The Board shall consider, as evidence of bargaining unit
8 inclusion or exclusion, the common law enforcement policies
9 and relationships between police officer ranks and
10 certification under applicable civil service law, ordinances,
11 personnel codes, or Division 2.1 of Article 10 of the
12 Illinois Municipal Code, but these factors shall not be the
13 sole or predominant factors considered by the Board in
14 determining police supervisory status.
15 Notwithstanding the provisions of the preceding
16 paragraph, in determining supervisory status in fire fighter
17 employment, no fire fighter shall be excluded as a supervisor
18 who has established representation rights under Section 9 of
19 this Act. Further, in new fire fighter units, employees
20 shall consist of fire fighters of the rank of company officer
21 and below. If a company officer otherwise qualifies as a
22 supervisor under the preceding paragraph, however, he or she
23 shall not be included in the fire fighter unit. If there is
24 no rank between that of chief and the highest company
25 officer, the employer may designate a position on each shift
26 as a Shift Commander, and the persons occupying those
27 positions shall be supervisors. All other ranks above that
28 of company officer shall be supervisors.
29 (s) (1) "Unit" means a class of jobs or positions that
30 are held by employees whose collective interests may suitably
31 be represented by a labor organization for collective
32 bargaining. Except with respect to non-State fire fighters
33 and paramedics employed by fire departments and fire
34 protection districts, non-State peace officers, and peace
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1 officers in the Department of State Police, a bargaining unit
2 determined by the Board shall not include both employees and
3 supervisors, or supervisors only, except as provided in
4 paragraph (2) of this subsection (s) and except for
5 bargaining units in existence on July 1, 1984 (the effective
6 date of this Act). With respect to non-State fire fighters
7 and paramedics employed by fire departments and fire
8 protection districts, non-State peace officers, and peace
9 officers in the Department of State Police, a bargaining unit
10 determined by the Board shall not include both supervisors
11 and nonsupervisors, or supervisors only, except as provided
12 in paragraph (2) of this subsection (s) and except for
13 bargaining units in existence on January 1, 1986 (the
14 effective date of this amendatory Act of 1985). A bargaining
15 unit determined by the Board to contain peace officers shall
16 contain no employees other than peace officers unless
17 otherwise agreed to by the employer and the labor
18 organization or labor organizations involved.
19 Notwithstanding any other provision of this Act, a bargaining
20 unit, including a historical bargaining unit, containing
21 sworn peace officers of the Department of Natural Resources
22 (formerly designated the Department of Conservation) shall
23 contain no employees other than such sworn peace officers
24 upon the effective date of this amendatory Act of 1990 or
25 upon the expiration date of any collective bargaining
26 agreement in effect upon the effective date of this
27 amendatory Act of 1990 covering both such sworn peace
28 officers and other employees.
29 (2) Notwithstanding the exclusion of supervisors from
30 bargaining units as provided in paragraph (1) of this
31 subsection (s), a public employer may agree to permit its
32 supervisory employees to form bargaining units and may
33 bargain with those units. This Act shall apply if the public
34 employer chooses to bargain under this subsection.
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1 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
2 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
3 (Text of Section after amendment by P.A. 89-685)
4 Sec. 3. Definitions. As used in this Act, unless the
5 context otherwise requires:
6 (a) "Board" or "Governing Board" means either the
7 Illinois State Labor Relations Board or the Illinois Local
8 Labor Relations Board.
9 (b) "Collective bargaining" means bargaining over terms
10 and conditions of employment, including hours, wages, and
11 other conditions of employment, as detailed in Section 7 and
12 which are not excluded by Section 4.
13 (c) "Confidential employee" means an employee who, in
14 the regular course of his or her duties, assists and acts in
15 a confidential capacity to persons who formulate, determine,
16 and effectuate management policies with regard to labor
17 relations or who, in the regular course of his or her duties,
18 has authorized access to information relating to the
19 effectuation or review of the employer's collective
20 bargaining policies.
21 (d) "Craft employees" means skilled journeymen, crafts
22 persons, and their apprentices and helpers.
23 (d-1) "Dispatcher" means a person performing 9-1-1
24 public safety telecommunications at a public safety answering
25 point to notify a public safety agency or dispatch a provider
26 of public emergency services.
27 (e) "Essential services employees" means those public
28 employees performing functions so essential that the
29 interruption or termination of the function will constitute a
30 clear and present danger to the health and safety of the
31 persons in the affected community.
32 (f) "Exclusive representative", except with respect to
33 non-State fire fighters and paramedics employed by fire
34 departments and fire protection districts, non-State peace
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1 officers, and peace officers in the Department of State
2 Police, means the labor organization that has been (i)
3 designated by the Board as the representative of a majority
4 of public employees 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 July 1, 1984 (the
8 effective date of this Act) as the exclusive representative
9 of the employees in an appropriate bargaining unit, or (iii)
10 after July 1, 1984 (the effective date of this Act)
11 recognized by an employer upon evidence, acceptable to the
12 Board, that the labor organization has been designated as the
13 exclusive representative by a majority of the employees in an
14 appropriate bargaining unit.
15 With respect to non-State fire fighters and paramedics
16 employed by fire departments and fire protection districts,
17 non-State peace officers, and peace officers in the
18 Department of State Police, "exclusive representative" means
19 the labor organization that has been (i) designated by the
20 Board as the representative of a majority of peace officers
21 or fire fighters 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 January 1, 1986
25 (the effective date of this amendatory Act of 1985) as the
26 exclusive representative by a majority of the peace officers
27 or fire fighters in an appropriate bargaining unit, or (iii)
28 after January 1, 1986 (the effective date of this amendatory
29 Act of 1985) recognized by an employer upon evidence,
30 acceptable to the Board, that the labor organization has been
31 designated as the exclusive representative by a majority of
32 the peace officers or fire fighters in an appropriate
33 bargaining unit.
34 (g) "Fair share agreement" means an agreement between
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1 the employer and an employee organization under which all or
2 any of the employees in a collective bargaining unit are
3 required to pay their proportionate share of the costs of the
4 collective bargaining process, contract administration, and
5 pursuing matters affecting wages, hours, and other conditions
6 of employment, but not to exceed the amount of dues uniformly
7 required of members. The amount certified by the exclusive
8 representative shall not include any fees for contributions
9 related to the election or support of any candidate for
10 political office. Nothing in this subsection (g) shall
11 preclude an employee from making voluntary political
12 contributions in conjunction with his or her fair share
13 payment.
14 (g-1) "Fire fighter" means, for the purposes of this Act
15 only, any person who has been or is hereafter appointed to a
16 fire department or fire protection district or employed by a
17 state university and sworn or commissioned to perform fire
18 fighter duties or paramedic duties, except that the following
19 persons are not included: part-time fire fighters, auxiliary,
20 reserve or voluntary fire fighters, including paid on-call
21 fire fighters, clerks and dispatchers or other civilian
22 employees of a fire department or fire protection district
23 who are not routinely expected to perform fire fighter
24 duties, or elected officials.
25 (g-2) "General Assembly of the State of Illinois" means
26 the legislative branch of the government of the State of
27 Illinois, as provided for under Article IV of the
28 Constitution of the State of Illinois, and includes but is
29 not limited to the House of Representatives, the Senate, the
30 Speaker of the House of Representatives, the Minority Leader
31 of the House of Representatives, the President of the Senate,
32 the Minority Leader of the Senate, the Joint Committee on
33 Legislative Support Services and any legislative support
34 services agency listed in the Legislative Commission
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1 Reorganization Act of 1984.
2 (h) "Governing body" means, in the case of the State,
3 the State Labor Relations Board, the Director of the
4 Department of Central Management Services, and the Director
5 of the Department of Labor; the county board in the case of a
6 county; the corporate authorities in the case of a
7 municipality; and the appropriate body authorized to provide
8 for expenditures of its funds in the case of any other unit
9 of government.
10 (i) "Labor organization" means any organization in which
11 public employees participate and that exists for the purpose,
12 in whole or in part, of dealing with a public employer
13 concerning wages, hours, and other terms and conditions of
14 employment, including the settlement of grievances.
15 (j) "Managerial employee" means an individual who is
16 engaged predominantly in executive and management functions
17 and is charged with the responsibility of directing the
18 effectuation of management policies and practices.
19 (k) "Peace officer" means, for the purposes of this Act
20 only, any persons who have been or are hereafter appointed to
21 a police force, department, or agency and sworn or
22 commissioned to perform police duties, except that the
23 following persons are not included: part-time police
24 officers, special police officers, auxiliary police as
25 defined by Section 3.1-30-20 of the Illinois Municipal Code,
26 night watchmen, "merchant police", court security officers as
27 defined by Section 3-6012.1 of the Counties Code, temporary
28 employees, traffic guards or wardens, civilian parking meter
29 and parking facilities personnel or other individuals
30 specially appointed to aid or direct traffic at or near
31 schools or public functions or to aid in civil defense or
32 disaster, parking enforcement employees who are not
33 commissioned as peace officers and who are not armed and who
34 are not routinely expected to effect arrests, parking lot
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1 attendants, clerks and dispatchers or other civilian
2 employees of a police department who are not routinely
3 expected to effect arrests, or elected officials.
4 (l) "Person" includes one or more individuals, labor
5 organizations, public employees, associations, corporations,
6 legal representatives, trustees, trustees in bankruptcy,
7 receivers, or the State of Illinois or any political
8 subdivision of the State or governing body, but does not
9 include the General Assembly of the State of Illinois or any
10 individual employed by the General Assembly of the State of
11 Illinois.
12 (m) "Professional employee" means any employee engaged
13 in work predominantly intellectual and varied in character
14 rather than routine mental, manual, mechanical or physical
15 work; involving the consistent exercise of discretion and
16 adjustment in its performance; of such a character that the
17 output produced or the result accomplished cannot be
18 standardized in relation to a given period of time; and
19 requiring advanced knowledge in a field of science or
20 learning customarily acquired by a prolonged course of
21 specialized intellectual instruction and study in an
22 institution of higher learning or a hospital, as
23 distinguished from a general academic education or from
24 apprenticeship or from training in the performance of routine
25 mental, manual, or physical processes; or any employee who
26 has completed the courses of specialized intellectual
27 instruction and study prescribed in this subsection (m) and
28 is performing related work under the supervision of a
29 professional person to qualify to become a professional
30 employee as defined in this subsection (m).
31 (n) "Public employee" or "employee", for the purposes of
32 this Act, means any individual employed by a public employer,
33 including interns and residents at public hospitals, but
34 excluding all of the following: employees of the General
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1 Assembly of the State of Illinois; elected officials;
2 executive heads of a department; members of boards or
3 commissions; employees of any agency, board or commission
4 created by this Act; employees appointed to State positions
5 of a temporary or emergency nature; all employees of school
6 districts and higher education institutions except
7 firefighters and peace officers employed by a state
8 university; managerial employees; short-term employees;
9 confidential employees; independent contractors; and
10 supervisors except as provided in this Act.
11 Notwithstanding Section 9, subsection (c), or any other
12 provisions of this Act, all peace officers above the rank of
13 captain in municipalities with more than 1,000,000
14 inhabitants shall be excluded from this Act.
15 (o) "Public employer" or "employer" means the State of
16 Illinois; any political subdivision of the State, unit of
17 local government or school district; authorities including
18 departments, divisions, bureaus, boards, commissions, or
19 other agencies of the foregoing entities; and any person
20 acting within the scope of his or her authority, express or
21 implied, on behalf of those entities in dealing with its
22 employees. "Public employer" or "employer" as used in this
23 Act, however, does not mean and shall not include the General
24 Assembly of the State of Illinois and educational employers
25 or employers as defined in the Illinois Educational Labor
26 Relations Act, except with respect to a state university in
27 its employment of firefighters and peace officers. County
28 boards and county sheriffs shall be designated as joint or
29 co-employers of county peace officers appointed under the
30 authority of a county sheriff. Nothing in this subsection
31 (o) shall be construed to prevent the State Board or the
32 Local Board from determining that employers are joint or
33 co-employers.
34 (p) "Security employee" means an employee who is
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1 responsible for the supervision and control of inmates at
2 correctional facilities. The term also includes other
3 non-security employees in bargaining units having the
4 majority of employees being responsible for the supervision
5 and control of inmates at correctional facilities.
6 (q) "Short-term employee" means an employee who is
7 employed for less that 2 consecutive calendar quarters during
8 a calendar year and who does not have a reasonable assurance
9 that he or she will be rehired by the same employer for the
10 same service in a subsequent calendar year.
11 (r) "Supervisor" is an employee whose principal work is
12 substantially different from that of his or her subordinates
13 and who has authority, in the interest of the employer, to
14 hire, transfer, suspend, lay off, recall, promote, discharge,
15 direct, reward, or discipline employees, to adjust their
16 grievances, or to effectively recommend any of those actions,
17 if the exercise of that authority is not of a merely routine
18 or clerical nature, but requires the consistent use of
19 independent judgment. Except with respect to police
20 employment, the term "supervisor" includes only those
21 individuals who devote a preponderance of their employment
22 time to exercising that authority, State supervisors
23 notwithstanding. In addition, in determining supervisory
24 status in police employment, rank shall not be determinative.
25 The Board shall consider, as evidence of bargaining unit
26 inclusion or exclusion, the common law enforcement policies
27 and relationships between police officer ranks and
28 certification under applicable civil service law, ordinances,
29 personnel codes, or Division 2.1 of Article 10 of the
30 Illinois Municipal Code, but these factors shall not be the
31 sole or predominant factors considered by the Board in
32 determining police supervisory status.
33 Notwithstanding the provisions of the preceding
34 paragraph, in determining supervisory status in fire fighter
-17- LRB9002249PTcwam01
1 employment, no fire fighter shall be excluded as a supervisor
2 who has established representation rights under Section 9 of
3 this Act. Further, in new fire fighter units, employees
4 shall consist of fire fighters of the rank of company officer
5 and below. If a company officer otherwise qualifies as a
6 supervisor under the preceding paragraph, however, he or she
7 shall not be included in the fire fighter unit. If there is
8 no rank between that of chief and the highest company
9 officer, the employer may designate a position on each shift
10 as a Shift Commander, and the persons occupying those
11 positions shall be supervisors. All other ranks above that
12 of company officer shall be supervisors.
13 (s) (1) "Unit" means a class of jobs or positions that
14 are held by employees whose collective interests may suitably
15 be represented by a labor organization for collective
16 bargaining. Except with respect to non-State fire fighters
17 and paramedics employed by fire departments and fire
18 protection districts, non-State peace officers, and peace
19 officers in the Department of State Police, a bargaining unit
20 determined by the Board shall not include both employees and
21 supervisors, or supervisors only, except as provided in
22 paragraph (2) of this subsection (s) and except for
23 bargaining units in existence on July 1, 1984 (the effective
24 date of this Act). With respect to non-State fire fighters
25 and paramedics employed by fire departments and fire
26 protection districts, non-State peace officers, and peace
27 officers in the Department of State Police, a bargaining unit
28 determined by the Board shall not include both supervisors
29 and nonsupervisors, or supervisors only, except as provided
30 in paragraph (2) of this subsection (s) and except for
31 bargaining units in existence on January 1, 1986 (the
32 effective date of this amendatory Act of 1985). A bargaining
33 unit determined by the Board to contain peace officers shall
34 contain no employees other than peace officers unless
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1 otherwise agreed to by the employer and the labor
2 organization or labor organizations involved.
3 Notwithstanding any other provision of this Act, a bargaining
4 unit, including a historical bargaining unit, containing
5 sworn peace officers of the Department of Natural Resources
6 (formerly designated the Department of Conservation) shall
7 contain no employees other than such sworn peace officers
8 upon the effective date of this amendatory Act of 1990 or
9 upon the expiration date of any collective bargaining
10 agreement in effect upon the effective date of this
11 amendatory Act of 1990 covering both such sworn peace
12 officers and other employees.
13 (2) Notwithstanding the exclusion of supervisors from
14 bargaining units as provided in paragraph (1) of this
15 subsection (s), a public employer may agree to permit its
16 supervisory employees to form bargaining units and may
17 bargain with those units. This Act shall apply if the public
18 employer chooses to bargain under this subsection.
19 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
20 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
21 6-1-97; revised 1-14-97.)
22 (5 ILCS 315/14) (from Ch. 48, par. 1614)
23 Sec. 14. Security employee, peace officer, and fire
24 fighter, and dispatcher disputes.
25 (a) In the case of collective bargaining agreements
26 involving units of security employees of a public employer,
27 Peace Officer Units, or units of fire fighters or paramedics,
28 or units of dispatchers of a public employer, and in the case
29 of disputes under Section 18, unless the parties mutually
30 agree to some other time limit, mediation shall commence 30
31 days prior to the expiration date of such agreement or at
32 such later time as the mediation services chosen under
33 subsection (b) of Section 12 can be provided to the parties.
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1 In the case of negotiations for an initial collective
2 bargaining agreement, mediation shall commence upon 15 days
3 notice from either party or at such later time as the
4 mediation services chosen pursuant to subsection (b) of
5 Section 12 can be provided to the parties. In mediation under
6 this Section, if either party requests the use of mediation
7 services from the Federal Mediation and Conciliation Service,
8 the other party shall either join in such request or bear the
9 additional cost of mediation services from another source.
10 The mediator shall have a duty to keep the Board informed on
11 the progress of the mediation. If any dispute has not been
12 resolved within 15 days after the first meeting of the
13 parties and the mediator, or within such other time limit as
14 may be mutually agreed upon by the parties, either the
15 exclusive representative or employer may request of the
16 other, in writing, arbitration, and shall submit a copy of
17 the request to the Board.
18 (b) Within 10 days after such a request for arbitration
19 has been made, the employer shall choose a delegate and the
20 employees' exclusive representative shall choose a delegate
21 to a panel of arbitration as provided in this Section. The
22 employer and employees shall forthwith advise the other and
23 the Board of their selections.
24 (c) Within 7 days of the request of either party, the
25 Board shall select from the Public Employees Labor Mediation
26 Roster 7 persons who are on the labor arbitration panels of
27 either the American Arbitration Association or the Federal
28 Mediation and Conciliation Service, or who are members of the
29 National Academy of Arbitrators, as nominees for impartial
30 arbitrator of the arbitration panel. The parties may select
31 an individual on the list provided by the Board or any other
32 individual mutually agreed upon by the parties. Within 7
33 days following the receipt of the list, the parties shall
34 notify the Board of the person they have selected. Unless
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1 the parties agree on an alternate selection procedure, they
2 shall alternatively strike one name from the list provided by
3 the Board until only one name remains. A coin toss shall
4 determine which party shall strike the first name. If the
5 parties fail to notify the Board in a timely manner of their
6 selection for neutral chairman, the Board shall appoint a
7 neutral chairman from the Illinois Public Employees
8 Mediation/Arbitration Roster.
9 (d) The chairman shall call a hearing to begin within 15
10 days and give reasonable notice of the time and place of the
11 hearing. The hearing shall be held at the offices of the
12 Board or at such other location as the Board deems
13 appropriate. The chairman shall preside over the hearing and
14 shall take testimony. Any oral or documentary evidence and
15 other data deemed relevant by the arbitration panel may be
16 received in evidence. The proceedings shall be informal.
17 Technical rules of evidence shall not apply and the
18 competency of the evidence shall not thereby be deemed
19 impaired. A verbatim record of the proceedings shall be made
20 and the arbitrator shall arrange for the necessary recording
21 service. Transcripts may be ordered at the expense of the
22 party ordering them, but the transcripts shall not be
23 necessary for a decision by the arbitration panel. The
24 expense of the proceedings, including a fee for the chairman,
25 established in advance by the Board, shall be borne equally
26 by each of the parties to the dispute. The delegates, if
27 public officers or employees, shall continue on the payroll
28 of the public employer without loss of pay. The hearing
29 conducted by the arbitration panel may be adjourned from time
30 to time, but unless otherwise agreed by the parties, shall be
31 concluded within 30 days of the time of its commencement.
32 Majority actions and rulings shall constitute the actions and
33 rulings of the arbitration panel. Arbitration proceedings
34 under this Section shall not be interrupted or terminated by
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1 reason of any unfair labor practice charge filed by either
2 party at any time.
3 (e) The arbitration panel may administer oaths, require
4 the attendance of witnesses, and the production of such
5 books, papers, contracts, agreements and documents as may be
6 deemed by it material to a just determination of the issues
7 in dispute, and for such purpose may issue subpoenas. If any
8 person refuses to obey a subpoena, or refuses to be sworn or
9 to testify, or if any witness, party or attorney is guilty of
10 any contempt while in attendance at any hearing, the
11 arbitration panel may, or the attorney general if requested
12 shall, invoke the aid of any circuit court within the
13 jurisdiction in which the hearing is being held, which court
14 shall issue an appropriate order. Any failure to obey the
15 order may be punished by the court as contempt.
16 (f) At any time before the rendering of an award, the
17 chairman of the arbitration panel, if he is of the opinion
18 that it would be useful or beneficial to do so, may remand
19 the dispute to the parties for further collective bargaining
20 for a period not to exceed 2 weeks. If the dispute is
21 remanded for further collective bargaining the time
22 provisions of this Act shall be extended for a time period
23 equal to that of the remand. The chairman of the panel of
24 arbitration shall notify the Board of the remand.
25 (g) At or before the conclusion of the hearing held
26 pursuant to subsection (d), the arbitration panel shall
27 identify the economic issues in dispute, and direct each of
28 the parties to submit, within such time limit as the panel
29 shall prescribe, to the arbitration panel and to each other
30 its last offer of settlement on each economic issue. The
31 determination of the arbitration panel as to the issues in
32 dispute and as to which of these issues are economic shall be
33 conclusive. The arbitration panel, within 30 days after the
34 conclusion of the hearing, or such further additional periods
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1 to which the parties may agree, shall make written findings
2 of fact and promulgate a written opinion and shall mail or
3 otherwise deliver a true copy thereof to the parties and
4 their representatives and to the Board. As to each economic
5 issue, the arbitration panel shall adopt the last offer of
6 settlement which, in the opinion of the arbitration panel,
7 more nearly complies with the applicable factors prescribed
8 in subsection (h). The findings, opinions and order as to
9 all other issues shall be based upon the applicable factors
10 prescribed in subsection (h).
11 (h) Where there is no agreement between the parties, or
12 where there is an agreement but the parties have begun
13 negotiations or discussions looking to a new agreement or
14 amendment of the existing agreement, and wage rates or other
15 conditions of employment under the proposed new or amended
16 agreement are in dispute, the arbitration panel shall base
17 its findings, opinions and order upon the following factors,
18 as applicable:
19 (1) The lawful authority of the employer.
20 (2) Stipulations of the parties.
21 (3) The interests and welfare of the public and the
22 financial ability of the unit of government to meet those
23 costs.
24 (4) Comparison of the wages, hours and conditions
25 of employment of the employees involved in the
26 arbitration proceeding with the wages, hours and
27 conditions of employment of other employees performing
28 similar services and with other employees generally:
29 (A) In public employment in comparable
30 communities.
31 (B) In private employment in comparable
32 communities.
33 (5) The average consumer prices for goods and
34 services, commonly known as the cost of living.
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1 (6) The overall compensation presently received by
2 the employees, including direct wage compensation,
3 vacations, holidays and other excused time, insurance and
4 pensions, medical and hospitalization benefits, the
5 continuity and stability of employment and all other
6 benefits received.
7 (7) Changes in any of the foregoing circumstances
8 during the pendency of the arbitration proceedings.
9 (8) Such other factors, not confined to the
10 foregoing, which are normally or traditionally taken into
11 consideration in the determination of wages, hours and
12 conditions of employment through voluntary collective
13 bargaining, mediation, fact-finding, arbitration or
14 otherwise between the parties, in the public service or
15 in private employment.
16 (i) In the case of peace officers, the arbitration
17 decision shall be limited to wages, hours and conditions of
18 employment and shall not include the following: i) residency
19 requirements; ii) the type of equipment, other than uniforms,
20 issued or used; iii) manning; iv) the total number of
21 employees employed by the department; v) mutual aid and
22 assistance agreements to other units of government; and vi)
23 the criterion pursuant to which force, including deadly
24 force, can be used; provided, nothing herein shall preclude
25 an arbitration decision regarding equipment or manning levels
26 if such decision is based on a finding that the equipment or
27 manning considerations in a specific work assignment involve
28 a serious risk to the safety of a peace officer beyond that
29 which is inherent in the normal performance of police duties.
30 Limitation of the terms of the arbitration decision pursuant
31 to this subsection shall not be construed to limit the
32 factors upon which the decision may be based, as set forth in
33 subsection (h).
34 In the case of fire fighter, and fire department or fire
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1 district paramedic matters, the arbitration decision shall be
2 limited to wages, hours and conditions of employment and
3 shall not include the following matters: i) residency
4 requirements; ii) the type of equipment (other than uniforms
5 and fire fighter turnout gear) issued or used; iii) the total
6 number of employees employed by the department; iv) mutual
7 aid and assistance agreements to other units of government;
8 and v) the criterion pursuant to which force, including
9 deadly force, can be used; provided, however, nothing herein
10 shall preclude an arbitration decision regarding equipment
11 levels if such decision is based on a finding that the
12 equipment considerations in a specific work assignment
13 involve a serious risk to the safety of a fire fighter beyond
14 that which is inherent in the normal performance of fire
15 fighter duties. Limitation of the terms of the arbitration
16 decision pursuant to this subsection shall not be construed
17 to limit the facts upon which the decision may be based, as
18 set forth in subsection (h).
19 To preserve historical bargaining rights, this subsection
20 shall not apply to any provision of a fire fighter collective
21 bargaining agreement in effect and applicable on the
22 effective date of this Act; provided, however, nothing herein
23 shall preclude arbitration with respect to any such
24 provision.
25 (j) Arbitration procedures shall be deemed to be
26 initiated by the filing of a letter requesting mediation as
27 required under subsection (a) of this Section. The
28 commencement of a new municipal fiscal year after the
29 initiation of arbitration procedures under this Act, but
30 before the arbitration decision, or its enforcement, shall
31 not be deemed to render a dispute moot, or to otherwise
32 impair the jurisdiction or authority of the arbitration panel
33 or its decision. Increases in rates of compensation awarded
34 by the arbitration panel may be effective only at the start
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1 of the fiscal year next commencing after the date of the
2 arbitration award. If a new fiscal year has commenced either
3 since the initiation of arbitration procedures under this Act
4 or since any mutually agreed extension of the statutorily
5 required period of mediation under this Act by the parties to
6 the labor dispute causing a delay in the initiation of
7 arbitration, the foregoing limitations shall be inapplicable,
8 and such awarded increases may be retroactive to the
9 commencement of the fiscal year, any other statute or charter
10 provisions to the contrary, notwithstanding. At any time the
11 parties, by stipulation, may amend or modify an award of
12 arbitration.
13 (k) Orders of the arbitration panel shall be reviewable,
14 upon appropriate petition by either the public employer or
15 the exclusive bargaining representative, by the circuit court
16 for the county in which the dispute arose or in which a
17 majority of the affected employees reside, but only for
18 reasons that the arbitration panel was without or exceeded
19 its statutory authority; the order is arbitrary, or
20 capricious; or the order was procured by fraud, collusion or
21 other similar and unlawful means. Such petitions for review
22 must be filed with the appropriate circuit court within 90
23 days following the issuance of the arbitration order. The
24 pendency of such proceeding for review shall not
25 automatically stay the order of the arbitration panel. The
26 party against whom the final decision of any such court shall
27 be adverse, if such court finds such appeal or petition to be
28 frivolous, shall pay reasonable attorneys' fees and costs to
29 the successful party as determined by said court in its
30 discretion. If said court's decision affirms the award of
31 money, such award, if retroactive, shall bear interest at the
32 rate of 12 percent per annum from the effective retroactive
33 date.
34 (l) During the pendency of proceedings before the
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1 arbitration panel, existing wages, hours, and other
2 conditions of employment shall not be changed by action of
3 either party without the consent of the other but a party may
4 so consent without prejudice to his rights or position under
5 this Act. The proceedings are deemed to be pending before
6 the arbitration panel upon the initiation of arbitration
7 procedures under this Act.
8 (m) Security officers of public employers, and Peace
9 Officers, Fire Fighters, and fire department and fire
10 protection district paramedics, and dispatchers of public
11 employers, covered by this Section may not withhold services,
12 nor may public employers lock out or prevent such employees
13 from performing services at any time.
14 (n) All of the terms decided upon by the arbitration
15 panel shall be included in an agreement to be submitted to
16 the public employer's governing body for ratification and
17 adoption by law, ordinance or the equivalent appropriate
18 means.
19 The governing body shall review each term decided by the
20 arbitration panel. If the governing body fails to reject one
21 or more terms of the arbitration panel's decision by a 3/5
22 vote of those duly elected and qualified members of the
23 governing body, within 20 days of issuance, or in the case of
24 firefighters employed by a state university, at the next
25 regularly scheduled meeting of the governing body after
26 issuance, such term or terms shall become a part of the
27 collective bargaining agreement of the parties. If the
28 governing body affirmatively rejects one or more terms of the
29 arbitration panel's decision, it must provide reasons for
30 such rejection with respect to each term so rejected, within
31 20 days of such rejection and the parties shall return to the
32 arbitration panel for further proceedings and issuance of a
33 supplemental decision with respect to the rejected terms.
34 Any supplemental decision by an arbitration panel or other
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1 decision maker agreed to by the parties shall be submitted to
2 the governing body for ratification and adoption in
3 accordance with the procedures and voting requirements set
4 forth in this Section. The voting requirements of this
5 subsection shall apply to all disputes submitted to
6 arbitration pursuant to this Section notwithstanding any
7 contrary voting requirements contained in any existing
8 collective bargaining agreement between the parties.
9 (o) If the governing body of the employer votes to
10 reject the panel's decision, the parties shall return to the
11 panel within 30 days from the issuance of the reasons for
12 rejection for further proceedings and issuance of a
13 supplemental decision. All reasonable costs of such
14 supplemental proceeding including the exclusive
15 representative's reasonable attorney's fees, as established
16 by the Board, shall be paid by the employer.
17 (p) Notwithstanding the provisions of this Section the
18 employer and exclusive representative may agree to submit
19 unresolved disputes concerning wages, hours, terms and
20 conditions of employment to an alternative form of impasse
21 resolution.
22 (Source: P.A. 89-195, eff. 7-21-95.)
23 (5 ILCS 315/17) (from Ch. 48, par. 1617)
24 Sec. 17. Right to strike.
25 (a) Nothing in this Act shall make it unlawful or make it
26 an unfair labor practice for public employees, other than
27 security employees, as defined in subsection (p) of Section 3
28 (3p), dispatchers as defined in subsection (d-1) of Section
29 3, Peace Officers, Fire Fighters, and paramedics employed by
30 fire departments and fire protection districts, to strike
31 except as otherwise provided in this Act. Public employees
32 who are permitted to strike may strike only if:
33 (1) the employees are represented by an exclusive
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1 bargaining representative;
2 (2) the collective bargaining agreement between the
3 public employer and the public employees, if any, has
4 expired, or such collective bargaining agreement does not
5 prohibit the strike;
6 (3) the public employer and the labor organization have
7 not mutually agreed to submit the disputed issues to final
8 and binding arbitration;
9 (4) the exclusive representative has requested a
10 mediator pursuant to Section 12 for the purpose of mediation
11 or conciliation of a dispute between the public employer and
12 the exclusive representative and mediation has been used; and
13 (5) at least 5 days have elapsed after a notice of
14 intent to strike has been given by the exclusive bargaining
15 representative to the public employer.
16 In mediation under this Section, if either party requests
17 the use of mediation services from the Federal Mediation and
18 Conciliation Service, the other party shall either join in
19 such request or bear the additional cost of mediation
20 services from another source.
21 (b) An employee who participates in a strike, work
22 stoppage or slowdown, in violation of this Act shall be
23 subject to discipline by the employer. No employer may pay
24 or cause such employee to be paid any wages or other
25 compensation for such periods of participation, except for
26 wages or compensation earned before participation in such
27 strike.
28 (Source: P.A. 86-412.)
29 (5 ILCS 315/20) (from Ch. 48, par. 1620)
30 Sec. 20. Prohibitions.
31 (a) Nothing in this Act shall be construed to require an
32 individual employee to render labor or service without his
33 consent, nor shall anything in this Act be construed to make
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1 the quitting of his labor by an individual employee an
2 illegal act; nor shall any court issue any process to compel
3 the performance by an individual employee of such labor or
4 service, without his consent; nor shall the quitting of labor
5 by an employee or employees in good faith because of
6 abnormally dangerous conditions for work at the place of
7 employment of such employee be deemed a strike under this
8 Act.
9 (b) This Act shall not be applicable to (i) units of
10 local government employing less than 35 employees, except
11 with respect to bargaining units in existence on the
12 effective date of this Act and fire protection districts
13 required by the Fire Protection District Act to appoint a
14 Board of Fire Commissioners or (ii) an entity created by
15 intergovernmental agreement under the Illinois Constitution
16 or the Intergovernmental Cooperation Act that performs 9-1-1
17 public safety telecommunications at a public safety answering
18 point to notify a public safety agency or dispatch a provider
19 of public emergency services and that employs less than 15
20 full-time dispatchers as defined in subsection (d-1) of
21 Section 3.
22 (Source: P.A. 87-736.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.".