Public Act 098-0100
 
SB1910 EnrolledLRB098 06984 HLH 37041 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Public Labor Relations Act is 
amended  by changing Sections 3 and 6.1 as follows:
 
    (5 ILCS 315/3)  (from Ch. 48, par. 1603)

    Sec. 3. Definitions.   As used in this Act, unless the 
context
otherwise requires:


    (a) "Board" means the Illinois
Labor Relations Board or, 
with respect to a matter over which the
jurisdiction of the 
Board is assigned to the State Panel or the Local Panel
under 
Section 5, the panel having jurisdiction over the matter.


    (b) "Collective bargaining" means bargaining over terms 
and conditions
of employment, including hours, wages, and other 
conditions of employment,
as detailed in Section 7 and which 
are not excluded by Section 4.


    (c) "Confidential employee" means an employee who, in the 
regular course
of his or her duties, assists and acts in a 
confidential capacity to persons
who formulate, determine, and 
effectuate management policies with regard
to labor relations 
or who, in the regular course of his or her duties, has

authorized access to information relating to the effectuation

or review of the employer's collective bargaining policies.


    (d) "Craft employees" means skilled journeymen, crafts 
persons, and their
apprentices and helpers.


    (e) "Essential services employees" means those public 
employees
performing functions so essential that the 
interruption or termination of
the function will constitute a 
clear and present danger to the health and
safety of the 
persons in the affected community.


    (f) "Exclusive representative", except with respect to 
non-State fire
fighters and paramedics employed by fire 
departments and fire protection
districts, non-State peace 
officers, and peace officers in the
Department of State Police, 
means the labor organization that has
been (i) designated by 
the Board as the representative of a majority of public

employees in an appropriate bargaining unit in accordance with 
the procedures
contained in this Act, (ii) historically

recognized by the State of Illinois or
any political 
subdivision of the State before July 1, 1984
(the effective 
date of this
Act) as the exclusive representative of the 
employees in an appropriate
bargaining unit, (iii) after July 
1, 1984 (the
effective date of this Act) recognized by an

employer upon evidence, acceptable to the Board, that the labor

organization has been designated as the exclusive 
representative by a
majority of the employees in an appropriate 
bargaining unit;
(iv) recognized as the exclusive 
representative of personal care attendants
or personal

assistants under Executive Order 2003-8 prior to the effective 
date of this
amendatory
Act of the 93rd General Assembly, and 
the organization shall be considered to
be the
exclusive 
representative of the personal care attendants or personal 
assistants
as defined
in this Section; or (v) recognized as the 
exclusive representative of child and day care home providers, 
including licensed and license exempt providers, pursuant to an 
election held under Executive Order 2005-1 prior to the 
effective date of this amendatory Act of the 94th General 
Assembly, and the organization shall be considered to be the 
exclusive representative of the child and day care home 
providers as defined in this Section.


    With respect to non-State fire fighters and paramedics 
employed by fire
departments and fire protection districts, 
non-State peace officers, and
peace officers in the Department 
of State Police,
"exclusive representative" means the labor 
organization that has
been (i) designated by the Board as the 
representative of a majority of peace
officers or fire fighters 
in an appropriate bargaining unit in accordance
with the 
procedures contained in this Act, (ii)
historically recognized

by the State of Illinois or any political subdivision of the 
State before
January 1, 1986 (the effective date of this 
amendatory Act of 1985) as the exclusive
representative by a 
majority of the peace officers or fire fighters in an

appropriate bargaining unit, or (iii) after January 1,
1986 
(the effective date of this amendatory
Act of 1985) recognized 
by an employer upon evidence, acceptable to the
Board, that the 
labor organization has been designated as the exclusive

representative by a majority of the peace officers or fire 
fighters in an
appropriate bargaining unit.


    Where a historical pattern of representation exists for the 
workers of a water system that was owned by a public utility, 
as defined in Section 3-105 of the Public Utilities Act, prior 
to becoming certified employees of a municipality or 
municipalities once the municipality or municipalities have 
acquired the water system as authorized in Section 11-124-5 of 
the Illinois Municipal Code, the Board shall find the labor 
organization that has historically represented the workers to 
be the exclusive representative under this Act, and shall find 
the unit represented by the exclusive representative to be the 
appropriate unit. 
    (g) "Fair share agreement" means an agreement between the 
employer and
an employee organization under which all or any of 
the employees in a
collective bargaining unit are required to 
pay their proportionate share of
the costs of the collective 
bargaining process, contract administration, and
pursuing 
matters affecting wages, hours, and other conditions of 
employment,
but not to exceed the amount of dues uniformly 
required of members. The
amount certified by the exclusive 
representative shall not include any fees
for contributions 
related to the election or support of any candidate for

political office. Nothing in this subsection (g) shall
preclude 
an employee from making
voluntary political contributions in 
conjunction with his or her fair share
payment.


    (g-1) "Fire fighter" means, for the purposes of this Act 
only, any
person who has been or is hereafter appointed to a 
fire department or fire
protection district or employed by a 
state university and sworn or
commissioned to perform fire 
fighter duties or paramedic duties, except that the
following 
persons are not included: part-time fire fighters,
auxiliary, 
reserve or voluntary fire fighters, including paid on-call fire

fighters, clerks and dispatchers or other civilian employees of 
a fire
department or fire protection district who are not 
routinely expected to
perform fire fighter duties, or elected 
officials.


    (g-2) "General Assembly of the State of Illinois" means the

legislative branch of the government of the State of Illinois, 
as provided
for under Article IV of the Constitution of the 
State of Illinois, and
includes but is not limited to the House 
of Representatives, the Senate,
the Speaker of the House of 
Representatives, the Minority Leader of the
House of 
Representatives, the President of the Senate, the Minority 
Leader
of the Senate, the Joint Committee on Legislative 
Support Services and any
legislative support services agency 
listed in the Legislative Commission
Reorganization Act of 
1984.


    (h) "Governing body" means, in the case of the State, the 
State Panel of
the Illinois Labor Relations Board, the Director 
of the Department of Central
Management Services, and the 
Director of the Department of Labor; the county
board in the 
case of a county; the corporate authorities in the case of a

municipality; and the appropriate body authorized to provide 
for expenditures
of its funds in the case of any other unit of 
government.


    (i) "Labor organization" means any organization in which 
public employees
participate and that exists for the purpose, 
in whole or in part, of dealing
with a public employer 
concerning wages, hours, and other terms and conditions
of 
employment, including the settlement of grievances.


    (i-5) "Legislative liaison" means a person who is an 
employee of a State agency, the Attorney General, the Secretary 
of State, the Comptroller, or the Treasurer, as the case may 
be, and whose job duties require the person to regularly 
communicate in the course of his or her employment with any 
official or staff of the General Assembly of the State of 
Illinois for the purpose of influencing any legislative action.
    (j) "Managerial employee" means an individual who is 
engaged
predominantly in executive and management functions 
and is charged with the
responsibility of directing the 
effectuation of management policies
and practices. With 
respect only to State employees in positions under the 
jurisdiction of the Attorney General, Secretary of State, 
Comptroller, or Treasurer (i) that were certified in a 
bargaining unit on or after December 2, 2008, (ii) for which a 
petition is filed with the Illinois Public Labor Relations 
Board on or after April 5, 2013 (the effective date of Public 
Act 97-1172) this amendatory Act of the 97th General Assembly, 
or (iii) for which a petition is pending before the Illinois 
Public Labor Relations Board on that date, "managerial 
employee" means an individual who is engaged in executive and 
management functions or who is charged with the effectuation of 
management policies and practices or  who represents management 
interests by taking or recommending discretionary actions that 
effectively control or implement policy. Nothing in this 
definition prohibits an individual from also meeting the 
definition  of "supervisor" under subsection (r) of this 
Section.


    (k) "Peace officer" means, for the purposes of this Act 
only, any
persons who have been or are hereafter appointed to a 
police force,
department, or agency and sworn or commissioned 
to perform police duties,
except that the following persons are 
not
included: part-time police
officers, special police 
officers, auxiliary police as defined by Section
3.1-30-20 of 
the Illinois Municipal Code, night watchmen, "merchant 
police",
court security officers as defined by Section 3-6012.1 
of the Counties
Code,
temporary employees, traffic guards or 
wardens, civilian parking meter and
parking facilities 
personnel or other individuals specially appointed to
aid or 
direct traffic at or near schools or public functions or to aid 
in
civil defense or disaster, parking enforcement employees who 
are not
commissioned as peace officers and who are not armed 
and who are not
routinely expected to effect arrests, parking 
lot attendants, clerks and
dispatchers or other civilian 
employees of a police department who are not
routinely expected 
to effect arrests, or elected officials.


    (l) "Person" includes one or more individuals, labor 
organizations, public
employees, associations, corporations, 
legal representatives, trustees,
trustees in bankruptcy, 
receivers, or the State of Illinois or any political

subdivision of the State or governing body, but does not 
include the General
Assembly of the State of Illinois or any 
individual employed by the General
Assembly of the State of 
Illinois.


    (m) "Professional employee" means any employee engaged in 
work predominantly
intellectual and varied in character rather 
than routine mental, manual,
mechanical or physical work; 
involving the consistent exercise of discretion
and adjustment 
in its performance; of such a character that the output 
produced
or the result accomplished cannot be standardized in 
relation to a given
period of time; and requiring advanced 
knowledge in a field of science or
learning customarily 
acquired by a prolonged course of specialized intellectual

instruction and study in an institution of higher learning or a 
hospital,
as distinguished from a general academic education or 
from apprenticeship
or from training in the performance of 
routine mental, manual, or physical
processes; or any employee 
who has completed the courses of specialized
intellectual 
instruction and study prescribed in this subsection (m) and is

performing related
work under the supervision of a professional 
person to qualify to become
a professional employee as defined 
in this subsection (m).


    (n) "Public employee" or "employee", for the purposes of 
this Act, means
any individual employed by a public employer, 
including (i) interns and residents
at public hospitals, (ii) 
as of the effective date of this amendatory Act of the 93rd 
General
Assembly, but not
before, personal care attendants and 
personal assistants working under the Home
Services
Program 
under Section 3 of the Disabled Persons Rehabilitation Act, 
subject to
the
limitations set forth in this Act and in the 
Disabled Persons Rehabilitation
Act,
 (iii) as of the effective 
date of this amendatory Act of the 94th General Assembly, but 
not before, child and day care home providers participating in 
the child care assistance program under Section 9A-11 of the 
Illinois Public Aid Code, subject to the limitations set forth 
in this Act and in Section 9A-11 of the Illinois Public Aid 
Code, and (iv) as of January 29, 2013 (the effective date of 
Public Act 97-1158) this amendatory Act of the 97th General 
Assembly, but not before except as otherwise provided in this 
subsection (n), home care and home health workers who function 
as  personal care attendants, personal assistants, and 
individual maintenance home health workers and  who also work 
under the Home Services Program under Section 3 of the Disabled 
Persons Rehabilitation Act, no matter whether the State 
provides those services through direct fee-for-service 
arrangements, with the assistance of a managed care 
organization or other intermediary, or otherwise, (v) 
beginning on the effective date of this amendatory Act of the 
98th General Assembly and notwithstanding any other provision 
of this  Act, any person employed by a public employer and who  
is classified as or who holds the employment title of Chief 
Stationary Engineer, Assistant Chief Stationary Engineer, 
Sewage Plant Operator, Water Plant Operator, Stationary 
Engineer, Plant Operating Engineer, and any other employee who 
holds the position of: Civil Engineer V, Civil Engineer VI, 
Civil Engineer VII, Technical Manager I, Technical Manager II, 
Technical Manager III, Technical Manager IV, Technical Manager 
V, Technical Manager VI, Realty Specialist III, Realty 
Specialist IV, Realty Specialist V, Technical Advisor I, 
Technical Advisor II, Technical Advisor III, Technical Advisor 
IV, or Technical Advisor V employed by the Department of 
Transportation who is in a position which is certified in a 
bargaining unit on or before the effective date of this 
amendatory Act of the 98th General Assembly, and (vi) beginning 
on the effective date of this amendatory Act of the 98th 
General Assembly and notwithstanding any other provision of 
this  Act, any mental health administrator in the Department of 
Corrections who is classified as or who holds the position of 
Public Service Administrator (Option 8K), any employee of the 
Office of the Inspector General in the Department of Human 
Services who is classified as or who holds the position of 
Public Service Administrator (Option 7), any Deputy of 
Intelligence in the Department of Corrections who is classified 
as or who holds the position of Public Service Administrator 
(Option 7), and any employee of the Department of State Police 
who handles issues concerning the Illinois State Police Sex 
Offender Registry and who is classified as or holds the 
position of Public Service Administrator (Option 7), but 
excluding all of the following: employees of the
General 
Assembly of the State of Illinois; elected officials; executive

heads of a department; members of boards or commissions; the 
Executive
Inspectors General; any special Executive Inspectors 
General; employees of each
Office of an Executive Inspector 
General;
commissioners and employees of the Executive Ethics 
Commission; the Auditor
General's Inspector General; employees 
of the Office of the Auditor General's
Inspector General; the 
Legislative Inspector General; any special Legislative

Inspectors General; employees of the Office
of the Legislative 
Inspector General;
commissioners and employees of the 
Legislative Ethics Commission;
employees
of any
agency, board 
or commission created by this Act; employees appointed to
State 
positions of a temporary or emergency nature; all employees of 
school
districts and higher education institutions except 
firefighters and peace
officers employed
by a state university 
and except peace officers employed by a  school district in its 
own police department in existence on the effective date of 
this amendatory Act of the 96th General Assembly; managerial 
employees; short-term employees; legislative liaisons; a 
person who is a State employee under the jurisdiction of the 
Office of the Attorney General who is licensed to practice law 
or whose position authorizes, either directly or indirectly, 
meaningful input into government decision-making on issues 
where there is room for principled disagreement on goals or 
their implementation; a person who is a State employee under 
the jurisdiction of the Office of the Comptroller who holds the 
position of Public Service Administrator or whose position is 
otherwise exempt under the Comptroller Merit Employment Code; a 
person who is a State employee under the jurisdiction of the 
Secretary of State who holds the position classification of 
Executive I  or higher, whose position authorizes, either 
directly or indirectly, meaningful input into government 
decision-making on issues where there is room for principled 
disagreement on goals or their implementation, or who is 
otherwise exempt under the Secretary of State Merit Employment 
Code; employees in the Office of the Secretary of State who are 
completely exempt from jurisdiction B of the Secretary of State 
Merit Employment Code and who are in Rutan-exempt positions on 
or after April 5, 2013 (the effective date of Public Act 
97-1172) this amendatory Act of the 97th General Assembly; a 
person who is a State employee under the jurisdiction of the 
Treasurer who holds a position that is exempt from the State 
Treasurer Employment Code; any employee of  a State agency who 
(i) holds the title or position of, or exercises substantially 
similar duties as a legislative liaison, Agency General 
Counsel, Agency Chief of Staff, Agency Executive Director, 
Agency Deputy Director, Agency Chief Fiscal Officer, Agency 
Human Resources Director, Public Information Officer, or Chief 
Information Officer and (ii) was neither included in a 
bargaining unit nor subject to an active petition for 
certification in a bargaining unit; any employee of a State 
agency who (i) is in a position that is Rutan-exempt, as 
designated by the employer, and completely exempt from 
jurisdiction B of the Personnel Code and (ii) was neither 
included in a bargaining unit nor subject to an active petition 
for certification in a bargaining unit; any term appointed 
employee of a State agency pursuant to Section 8b.18 or 8b.19 
of the Personnel Code who was neither included in a bargaining 
unit nor subject to an active petition for certification in a 
bargaining unit; any employment position properly designated 
pursuant to Section 6.1  of this Act;
confidential employees; 
independent contractors; and supervisors except as
provided in 
this Act.


    Home care
and home health workers who function as personal  
care attendants, personal assistants, and individual 
maintenance home health workers and who also work under the 
Home Services Program under Section 3 of the Disabled Persons 
Rehabilitation Act shall not be considered
public
employees for 
any purposes not specifically provided for in Public Act 93-204 
or Public Act 97-1158 this amendatory Act of the 97th General 
Assembly, including but not limited to, purposes of vicarious

liability in tort
and purposes of statutory retirement or 
health insurance benefits. Home care and home health workers 
who function as personal
care
attendants, personal assistants, 
and individual maintenance home health workers and who also 
work under the Home Services Program under Section 3 of the 
Disabled Persons Rehabilitation Act  shall not be covered by the 
State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).


    Child and day care home providers shall not be considered 
public employees for any purposes not specifically provided for 
in this amendatory Act of the   94th General Assembly, including 
but not limited to, purposes of vicarious liability in tort and 
purposes of statutory retirement or health insurance benefits.  
Child and day care home providers shall not be covered by the 
State Employees Group Insurance Act of 1971.
    Notwithstanding Section 9, subsection (c), or any other 
provisions of
this Act, all peace officers above the rank of 
captain in
municipalities with more than 1,000,000 inhabitants 
shall be excluded
from this Act.


    (o) Except as otherwise in subsection (o-5), "public 
employer" or "employer" means the State of Illinois; any

political subdivision of the State, unit of local government or 
school
district; authorities including departments, divisions, 
bureaus, boards,
commissions, or other agencies of the 
foregoing entities; and any person
acting within the scope of 
his or her authority, express or implied, on
behalf of those 
entities in dealing with its employees.
As of the effective 
date of the amendatory Act of the 93rd General Assembly,
but 
not
before, the State of Illinois shall be considered the 
employer of the personal
care
attendants and personal 
assistants working under the Home Services Program
under

Section 3 of the Disabled Persons Rehabilitation Act, subject 
to the
limitations set forth
in this Act and in the Disabled 
Persons Rehabilitation Act. As of January 29, 2013 (the 
effective date of Public Act 97-1158) this amendatory Act of 
the 97th General Assembly, but not before except as otherwise 
provided in this subsection (o), the State shall be considered 
the employer of home care and home health workers who function 
as personal care attendants, personal assistants, and 
individual  maintenance home health workers and  who also work 
under the Home Services Program under Section 3 of the Disabled 
Persons Rehabilitation Act, no matter whether the State 
provides those services through direct fee-for-service 
arrangements, with the assistance of a managed care 
organization or other intermediary, or otherwise, but subject 
to the limitations set forth in this Act and the Disabled 
Persons Rehabilitation Act. The State shall not
be
considered 
to be the employer of home care and home health workers who 
function as personal care attendants, personal
assistants, and 
individual maintenance home health workers and  who also work 
under the Home Services Program under Section 3 of the Disabled 
Persons Rehabilitation Act, for any
purposes not specifically 
provided for in Public Act 93-204 or Public Act 97-1158 this 
amendatory Act of the 97th General Assembly, including but not 
limited to, purposes of vicarious liability in tort
and

purposes of statutory retirement or health insurance benefits. 
Home care and home health workers who function as personal care

attendants,
 personal assistants, and individual maintenance 
home health workers and  who also work under the Home Services 
Program under Section 3 of the Disabled Persons Rehabilitation 
Act shall not be covered by the State Employees Group
Insurance 
Act of 1971
(5 ILCS 375/).
As of the effective date of this 
amendatory Act of the 94th General Assembly but not before, the 
State of Illinois shall be considered the employer of the day 
and child care home providers participating in the child care 
assistance program under Section 9A-11 of the Illinois Public 
Aid Code, subject to the limitations set forth in this Act and 
in Section 9A-11 of the Illinois Public Aid Code. The State 
shall not be considered to be the employer of child and day 
care home providers for any purposes not specifically provided 
for in this amendatory Act of the 94th General Assembly, 
including but not limited to, purposes of vicarious liability 
in tort and purposes of statutory retirement or health 
insurance benefits. Child and day care home providers shall not 
be covered by the State Employees Group Insurance Act of 1971.
    "Public employer" or
"employer" as used in this Act, 
however, does not
mean and shall not include the General 
Assembly of the State of Illinois,
the Executive Ethics 
Commission, the Offices of the Executive Inspectors
General, 
the Legislative Ethics Commission, the Office of the 
Legislative
Inspector General, the Office of the Auditor 
General's Inspector General, the Office of the Governor, the 
Governor's Office of Management and Budget, the Illinois 
Finance Authority, the Office of the Lieutenant Governor, the 
State Board of Elections, and educational employers or 
employers as defined in the Illinois
 Educational Labor 
Relations Act, except with respect to a state university in
its 
employment of firefighters and peace officers and except with 
respect to a school district in the employment of peace 
officers in its own police department in existence on the 
effective date of this amendatory Act of the 96th General 
Assembly.  County boards and county
sheriffs shall be
designated 
as joint or co-employers of county peace officers appointed

under the authority of a county sheriff.  Nothing in this 
subsection
(o) shall be construed
to prevent the State Panel or 
the Local Panel
from determining that employers are joint or 
co-employers.


    (o-5) With respect to
wages, fringe
benefits, hours, 
holidays, vacations, proficiency
examinations, sick leave, and 
other conditions of
employment, the public employer of public 
employees who are court reporters, as
defined in the Court 
Reporters Act, shall be determined as
follows:

        (1) For court reporters employed by the Cook County 
    Judicial
Circuit, the chief judge of the Cook County 
    Circuit
Court is the public employer and employer 
    representative.

        (2) For court reporters employed by the 12th, 18th, 
    19th, and, on and after December 4, 2006, the 22nd judicial

    circuits, a group consisting of the chief judges of those 
    circuits, acting
jointly by majority vote, is the public 
    employer and employer representative.

        (3) For court reporters employed by all other judicial 
    circuits,
a group consisting of the chief judges of those 
    circuits, acting jointly by
majority vote, is the public 
    employer and employer representative.

    (p) "Security employee" means an employee who is 
responsible for the
supervision and control of inmates at 
correctional facilities.  The term
also includes other 
non-security employees in bargaining units having the
majority 
of employees being responsible for the supervision and control 
of
inmates at correctional facilities.


    (q) "Short-term employee" means an employee who is employed 
for less
than 2 consecutive calendar quarters during a calendar 
year and who does
not have a reasonable assurance that he or 
she will be rehired by the
same employer for the same service 
in a subsequent calendar year.


    (q-5) "State agency" means an agency directly responsible 
to the Governor, as defined in Section 3.1 of the Executive 
Reorganization Implementation Act, and the Illinois Commerce 
Commission, the Illinois Workers' Compensation Commission, the 
Civil Service Commission, the Pollution Control Board, the 
Illinois Racing Board, and the Department of State Police Merit 
Board. 
    (r) "Supervisor" is:
        (1) An employee whose principal work is substantially

    different from that of his or her subordinates and who has 
    authority, in the
interest of the employer, to hire, 
    transfer, suspend, lay off, recall,
promote, discharge, 
    direct, reward, or discipline employees, to adjust
their 
    grievances, or to effectively recommend any of those 
    actions, if the
exercise
of that authority is not of a 
    merely routine or clerical nature, but
requires the 
    consistent use of independent judgment. Except with 
    respect to
police employment, the term "supervisor" 
    includes only those individuals
who devote a preponderance 
    of their employment time to exercising that
authority, 
    State supervisors notwithstanding. Nothing in this 
    definition prohibits an individual from also meeting the 
    definition of "managerial employee" under subsection (j) 
    of this Section.  In addition, in determining
supervisory 
    status in police employment, rank shall not be 
    determinative.
The Board shall consider, as evidence of 
    bargaining unit inclusion or
exclusion, the common law 
    enforcement policies and relationships between
police 
    officer ranks and certification under applicable civil 
    service law,
ordinances, personnel codes, or Division 2.1 
    of Article 10 of the Illinois
Municipal Code, but these 
    factors shall not
be the sole or predominant factors 
    considered by the Board in determining
police supervisory 
    status.


        Notwithstanding the provisions of the preceding 
    paragraph, in determining
supervisory status in fire 
    fighter employment, no fire fighter shall be
excluded as a 
    supervisor who has established representation rights under

    Section 9 of this Act.  Further, in new fire fighter units, 
    employees shall
consist of fire fighters of the rank of 
    company officer and below. If a company officer otherwise 
    qualifies as a supervisor under the preceding paragraph, 
    however, he or she shall
not be included in the fire 
    fighter
unit.  If there is no rank between that of chief and 
    the
highest company officer, the employer may designate a 
    position on each
shift as a Shift Commander, and the 
    persons occupying those positions shall
be supervisors.  
    All other ranks above that of company officer shall be

    supervisors.


        (2) With respect only to State employees in positions 
    under the jurisdiction of the Attorney General, Secretary 
    of State, Comptroller, or Treasurer (i) that were certified 
    in a bargaining unit on or after December 2, 2008, (ii) for 
    which a petition is filed with the Illinois Public Labor 
    Relations Board on or after April 5, 2013 (the effective 
    date of Public Act 97-1172) this amendatory Act of the 97th 
    General Assembly, or (iii) for which a petition is pending 
    before the Illinois Public Labor Relations Board on that 
    date, an employee who qualifies as a supervisor under (A) 
    Section 152 of the National Labor Relations Act and (B) 
    orders of the National Labor Relations Board interpreting 
    that provision or decisions of courts reviewing  decisions 
    of the National Labor Relations Board. 
    (s)(1) "Unit" means a class of jobs or positions that are 
held by
employees whose collective interests may suitably be 
represented by a labor
organization for collective bargaining.  
Except with respect to non-State fire
fighters and paramedics 
employed by fire departments and fire protection
districts, 
non-State peace officers, and peace officers in the Department 
of
State Police, a bargaining unit determined by the Board 
shall not include both
employees and supervisors, or 
supervisors only, except as provided in paragraph
(2) of this 
subsection (s) and except for bargaining units in existence on 
July
1, 1984 (the effective date of this Act).  With respect to 
non-State fire
fighters and paramedics employed by fire 
departments and fire protection
districts, non-State peace 
officers, and peace officers in the Department of
State Police, 
a bargaining unit determined by the Board shall not include 
both
supervisors and nonsupervisors, or supervisors only, 
except as provided in
paragraph (2) of this subsection (s) and 
except for bargaining units in
existence on January 1, 1986 
(the effective date of this amendatory Act of
1985).  A 
bargaining unit determined by the Board to contain peace 
officers
shall contain no employees other than peace officers 
unless otherwise agreed to
by the employer and the labor 
organization or labor organizations involved.
Notwithstanding 
any other provision of this Act, a bargaining unit, including a

historical bargaining unit, containing sworn peace officers of 
the Department
of Natural Resources (formerly designated the 
Department of Conservation) shall
contain no employees other 
than such sworn peace officers upon the effective
date of this 
amendatory Act of 1990 or upon the expiration date of any

collective bargaining agreement in effect upon the effective 
date of this
amendatory Act of 1990 covering both such sworn 
peace officers and other
employees.


    (2) Notwithstanding the exclusion of supervisors from 
bargaining units
as provided in paragraph (1) of this 
subsection (s), a public
employer may agree to permit its 
supervisory employees to form bargaining units
and may bargain 
with those units.  This Act shall apply if the public employer

chooses to bargain under this subsection.


    (3) Public employees who are court reporters, as defined
in 
the Court Reporters Act,
shall be divided into 3 units for 
collective bargaining purposes. One unit
shall be court 
reporters employed by the Cook County Judicial Circuit; one

unit shall be court reporters employed by the 12th, 18th, 19th, 
and, on and after December 4, 2006, the 22nd judicial
circuits; 
and one unit shall be court reporters employed by all other

judicial circuits.

    (t) "Active petition for certification in a bargaining 
unit" means a petition for certification filed with the Board 
under one of the following case numbers: S-RC-11-110; 
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; 
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; 
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; 
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; 
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; 
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; 
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; 
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; 
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; 
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; 
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; 
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; 
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or 
S-RC-07-100. 
(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11; 
97-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)

 
    (5 ILCS 315/6.1)
    Sec. 6.1. Gubernatorial designation of certain public 
employment positions as excluded from collective bargaining. 
    (a) Notwithstanding any provision of this Act to the 
contrary, except subsections (e) and (f) of this Section, the 
Governor is authorized to designate up to 3,580 State 
employment positions collectively within State agencies 
directly responsible to the Governor, and, upon designation, 
those positions and employees in those positions, if any, are 
hereby excluded from the self-organization and collective 
bargaining provisions of Section 6 of this Act.  Only those 
employment positions that have been certified in a bargaining 
unit on or after December 2, 2008, that have a pending petition 
for certification in a bargaining unit on April 5, 2013 (the  
effective date of Public Act 97-1172) this amendatory Act of 
the 97th General Assembly, or that neither have been certified 
in a bargaining unit on or after December 2, 2008 nor have a 
pending petition for certification in a bargaining unit on the 
effective date of this amendatory Act of the 97th General 
Assembly are eligible to be designated by the Governor under 
this Section.  The Governor may not designate under this 
Section, however, more than 1,900 employment positions that 
have been certified in a bargaining unit on or after December 
2, 2008.
    (b) In order to properly designate a State employment 
position under this Section, the Governor shall provide in 
writing to the Board: the job title and job duties of the 
employment position; the name of the State employee currently 
in the employment position, if any; the name of the State 
agency employing the public employee; and the category under 
which the position qualifies for designation under this 
Section.
    To qualify for designation under this Section, the 
employment position must meet one or more of the following 
requirements:
        (1) it must authorize an employee in that position to 
    act  as a legislative liaison;
        (2) it must have a title of, or authorize a person who 
    holds that position to exercise substantially similar 
    duties as an,  Agency General Counsel, Agency Chief of 
    Staff, Agency Executive Director, Agency Deputy Director, 
    Agency Chief Fiscal Officer, Agency Human Resources 
    Director, Senior Public Service Administrator, Public 
    Information Officer, or Chief Information Officer;
        (3) it must be a Rutan-exempt, as designated by the 
    employer, position and completely exempt from jurisdiction 
    B of the Personnel Code;
        (4) it must be a term appointed  position pursuant to 
    Section 8b.18 or 8b.19 of the Personnel Code; or
        (5) it must authorize an employee in that position to 
    have significant and independent discretionary authority 
    as an employee.
    Within 60 days after the Governor makes a designation under 
this Section, the Board shall determine, in a manner that is 
consistent with the requirements of due process, whether the 
designation comports with the requirements of this Section. 
    (c) For the purposes of this Section, a person has 
significant and independent discretionary authority as an 
employee if he or she (i) is engaged in executive and 
management functions of a State agency and charged with the 
effectuation of management policies and practices of a State 
agency or represents management interests by taking or 
recommending discretionary actions that effectively control or 
implement the policy of a State agency or (ii) qualifies as a 
supervisor of a State agency as that term is defined under 
Section 152 of the National Labor Relations Act or any orders 
of the National Labor Relations Board interpreting that 
provision or decisions of courts reviewing decisions of the 
National Labor Relations Board.
    (d) The Governor must exercise the authority afforded under 
this Section within 365 calendar days after April 5, 2013 (the 
effective date of Public Act 97-1172) this amendatory Act of 
the 97th General Assembly. Any designation made by the Governor 
under this Section shall be presumed to have been properly 
made. 
    If the Governor chooses not to designate a position under 
this Section, then that decision does not preclude a State 
agency from otherwise challenging the certification of that 
position under this Act.
    The qualifying categories set forth in paragraphs (1) 
through (5) of subsection (b) of this Section are operative and 
function solely within this Section and do not expand or 
restrict the scope of any other provision contained in this 
Act. 

    (e) The provisions of this Section do not apply to any 
employee who is employed by a public employer and who is 
classified as, or holds the employment title of, Chief 
Stationary Engineer, Assistant Chief Stationary Engineer, 
Sewage Plant Operator, Water Plant Operator, Stationary 
Engineer, Plant Operating Engineer, and any employee who holds 
the position of: Civil Engineer V, Civil Engineer VI, Civil 
Engineer VII, Technical Manager I, Technical Manager II, 
Technical Manager III, Technical Manager IV, Technical Manager 
V, Technical Manager VI, Realty Specialist III, Realty 
Specialist IV, Realty Specialist V, Technical Advisor I, 
Technical Advisor II, Technical Advisor III, Technical Advisor 
IV, or Technical Advisor V employed by the Department of 
Transportation who is in a position which is certified in a 
bargaining unit on or before the effective date of this 
amendatory Act of the 98th General Assembly. 
    (f) The provisions of this Section also do not apply to any 
mental health administrator in the Department of Corrections 
who is classified as or who holds the position of Public 
Service Administrator (Option 8K), any employee of the Office 
of the Inspector General in the Department of Human Services 
who is classified as or who holds the position of Public 
Service Administrator (Option 7), any Deputy of Intelligence in 
the Department of Corrections who is classified as or who holds 
the position of Public Service Administrator (Option 7), or any 
employee of the Department of State Police who handles issues 
concerning the Illinois State Police  Sex Offender Registry and 
who is classified as or holds the position of Public Service 
Administrator (Option 7).
(Source: P.A. 97-1172, eff. 4-5-13.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.