103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5089

 

Introduced 2/8/2024, by Rep. Gregg Johnson

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603

    Amends the Illinois Public Labor Relations Act. In the definition of "supervisor", as used in the Act, provides that the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising that authority (removing an exception to police employment).


LRB103 35983 AWJ 66070 b

 

 

A BILL FOR

 

HB5089LRB103 35983 AWJ 66070 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1Determinations of confidential employee status shall be based
2on actual employee job duties and not solely on written job
3descriptions.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Illinois State Police,
15means the labor organization that has been (i) designated by
16the Board as the representative of a majority of public
17employees in an appropriate bargaining unit in accordance with
18the procedures contained in this Act; (ii) historically
19recognized by the State of Illinois or any political
20subdivision of the State before July 1, 1984 (the effective
21date of this Act) as the exclusive representative of the
22employees in an appropriate bargaining unit; (iii) after July
231, 1984 (the effective date of this Act) recognized by an
24employer upon evidence, acceptable to the Board, that the
25labor organization has been designated as the exclusive
26representative by a majority of the employees in an

 

 

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1appropriate bargaining unit; (iv) recognized as the exclusive
2representative of personal assistants under Executive Order
32003-8 prior to July 16, 2003 (the effective date of Public Act
493-204), and the organization shall be considered to be the
5exclusive representative of the personal assistants as defined
6in this Section; or (v) recognized as the exclusive
7representative of child and day care home providers, including
8licensed and license exempt providers, pursuant to an election
9held under Executive Order 2005-1 prior to January 1, 2006
10(the effective date of Public Act 94-320), and the
11organization shall be considered to be the exclusive
12representative of the child and day care home providers as
13defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Illinois
17State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire
20fighters in an appropriate bargaining unit in accordance with
21the procedures contained in this Act, (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before January 1, 1986 (the effective
24date of this amendatory Act of 1985) as the exclusive
25representative by a majority of the peace officers or fire
26fighters in an appropriate bargaining unit, or (iii) after

 

 

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1January 1, 1986 (the effective date of this amendatory Act of
21985) recognized by an employer upon evidence, acceptable to
3the Board, that the labor organization has been designated as
4the exclusive representative by a majority of the peace
5officers or fire fighters in an appropriate bargaining unit.
6    Where a historical pattern of representation exists for
7the workers of a water system that was owned by a public
8utility, as defined in Section 3-105 of the Public Utilities
9Act, prior to becoming certified employees of a municipality
10or municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17    (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any
19of the employees in a collective bargaining unit are required
20to pay their proportionate share of the costs of the
21collective bargaining process, contract administration, and
22pursuing matters affecting wages, hours, and other conditions
23of employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

 

 

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1political office. Nothing in this subsection (g) shall
2preclude an employee from making voluntary political
3contributions in conjunction with his or her fair share
4payment.
5    (g-1) "Fire fighter" means, for the purposes of this Act
6only, any person who has been or is hereafter appointed to a
7fire department or fire protection district or employed by a
8state university and sworn or commissioned to perform fire
9fighter duties or paramedic duties, including paramedics
10employed by a unit of local government, except that the
11following persons are not included: part-time fire fighters,
12auxiliary, reserve or voluntary fire fighters, including paid
13on-call fire fighters, clerks and dispatchers or other
14civilian employees of a fire department or fire protection
15district who are not routinely expected to perform fire
16fighter duties, or elected officials.
17    (g-2) "General Assembly of the State of Illinois" means
18the legislative branch of the government of the State of
19Illinois, as provided for under Article IV of the Constitution
20of the State of Illinois, and includes, but is not limited to,
21the House of Representatives, the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, the President of the Senate, the Minority
24Leader of the Senate, the Joint Committee on Legislative
25Support Services, and any legislative support services agency
26listed in the Legislative Commission Reorganization Act of

 

 

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11984.
2    (h) "Governing body" means, in the case of the State, the
3State Panel of the Illinois Labor Relations Board, the
4Director of the Department of Central Management Services, and
5the Director of the Department of Labor; the county board in
6the case of a county; the corporate authorities in the case of
7a municipality; and the appropriate body authorized to provide
8for expenditures of its funds in the case of any other unit of
9government.
10    (i) "Labor organization" means any organization in which
11public employees participate and that exists for the purpose,
12in whole or in part, of dealing with a public employer
13concerning wages, hours, and other terms and conditions of
14employment, including the settlement of grievances.
15    (i-5) "Legislative liaison" means a person who is an
16employee of a State agency, the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, as the
18case may be, and whose job duties require the person to
19regularly communicate in the course of his or her employment
20with any official or staff of the General Assembly of the State
21of Illinois for the purpose of influencing any legislative
22action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices.

 

 

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1Determination of managerial employee status shall be based on
2actual employee job duties and not solely on written job
3descriptions. With respect only to State employees in
4positions under the jurisdiction of the Attorney General,
5Secretary of State, Comptroller, or Treasurer (i) that were
6certified in a bargaining unit on or after December 2, 2008,
7(ii) for which a petition is filed with the Illinois Public
8Labor Relations Board on or after April 5, 2013 (the effective
9date of Public Act 97-1172), or (iii) for which a petition is
10pending before the Illinois Public Labor Relations Board on
11that date, "managerial employee" means an individual who is
12engaged in executive and management functions or who is
13charged with the effectuation of management policies and
14practices or who represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement policy. Nothing in this definition prohibits an
17individual from also meeting the definition of "supervisor"
18under subsection (r) of this Section.
19    (k) "Peace officer" means, for the purposes of this Act
20only, any persons who have been or are hereafter appointed to a
21police force, department, or agency and sworn or commissioned
22to perform police duties, except that the following persons
23are not included: part-time police officers, special police
24officers, auxiliary police as defined by Section 3.1-30-20 of
25the Illinois Municipal Code, night watchmen, "merchant
26police", court security officers as defined by Section

 

 

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13-6012.1 of the Counties Code, temporary employees, traffic
2guards or wardens, civilian parking meter and parking
3facilities personnel or other individuals specially appointed
4to aid or direct traffic at or near schools or public functions
5or to aid in civil defense or disaster, parking enforcement
6employees who are not commissioned as peace officers and who
7are not armed and who are not routinely expected to effect
8arrests, parking lot attendants, clerks and dispatchers or
9other civilian employees of a police department who are not
10routinely expected to effect arrests, or elected officials.
11    (l) "Person" includes one or more individuals, labor
12organizations, public employees, associations, corporations,
13legal representatives, trustees, trustees in bankruptcy,
14receivers, or the State of Illinois or any political
15subdivision of the State or governing body, but does not
16include the General Assembly of the State of Illinois or any
17individual employed by the General Assembly of the State of
18Illinois.
19    (m) "Professional employee" means any employee engaged in
20work predominantly intellectual and varied in character rather
21than routine mental, manual, mechanical or physical work;
22involving the consistent exercise of discretion and adjustment
23in its performance; of such a character that the output
24produced or the result accomplished cannot be standardized in
25relation to a given period of time; and requiring advanced
26knowledge in a field of science or learning customarily

 

 

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1acquired by a prolonged course of specialized intellectual
2instruction and study in an institution of higher learning or
3a hospital, as distinguished from a general academic education
4or from apprenticeship or from training in the performance of
5routine mental, manual, or physical processes; or any employee
6who has completed the courses of specialized intellectual
7instruction and study prescribed in this subsection (m) and is
8performing related work under the supervision of a
9professional person to qualify to become a professional
10employee as defined in this subsection (m).
11    (n) "Public employee" or "employee", for the purposes of
12this Act, means any individual employed by a public employer,
13including (i) interns and residents at public hospitals, (ii)
14as of July 16, 2003 (the effective date of Public Act 93-204),
15but not before, personal assistants working under the Home
16Services Program under Section 3 of the Rehabilitation of
17Persons with Disabilities Act, subject to the limitations set
18forth in this Act and in the Rehabilitation of Persons with
19Disabilities Act, (iii) as of January 1, 2006 (the effective
20date of Public Act 94-320), but not before, child and day care
21home providers participating in the child care assistance
22program under Section 9A-11 of the Illinois Public Aid Code,
23subject to the limitations set forth in this Act and in Section
249A-11 of the Illinois Public Aid Code, (iv) as of January 29,
252013 (the effective date of Public Act 97-1158), but not
26before except as otherwise provided in this subsection (n),

 

 

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1home care and home health workers who function as personal
2assistants and individual maintenance home health workers and
3who also work under the Home Services Program under Section 3
4of the Rehabilitation of Persons with Disabilities Act, no
5matter whether the State provides those services through
6direct fee-for-service arrangements, with the assistance of a
7managed care organization or other intermediary, or otherwise,
8(v) beginning on July 19, 2013 (the effective date of Public
9Act 98-100) and notwithstanding any other provision of this
10Act, any person employed by a public employer and who is
11classified as or who holds the employment title of Chief
12Stationary Engineer, Assistant Chief Stationary Engineer,
13Sewage Plant Operator, Water Plant Operator, Stationary
14Engineer, Plant Operating Engineer, and any other employee who
15holds the position of: Civil Engineer V, Civil Engineer VI,
16Civil Engineer VII, Technical Manager I, Technical Manager II,
17Technical Manager III, Technical Manager IV, Technical Manager
18V, Technical Manager VI, Realty Specialist III, Realty
19Specialist IV, Realty Specialist V, Technical Advisor I,
20Technical Advisor II, Technical Advisor III, Technical Advisor
21IV, or Technical Advisor V employed by the Department of
22Transportation who is in a position which is certified in a
23bargaining unit on or before July 19, 2013 (the effective date
24of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
25effective date of Public Act 98-100) and notwithstanding any
26other provision of this Act, any mental health administrator

 

 

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1in the Department of Corrections who is classified as or who
2holds the position of Public Service Administrator (Option
38K), any employee of the Office of the Inspector General in the
4Department of Human Services who is classified as or who holds
5the position of Public Service Administrator (Option 7), any
6Deputy of Intelligence in the Department of Corrections who is
7classified as or who holds the position of Public Service
8Administrator (Option 7), and any employee of the Illinois
9State Police who handles issues concerning the Illinois State
10Police Sex Offender Registry and who is classified as or holds
11the position of Public Service Administrator (Option 7), but
12excluding all of the following: employees of the General
13Assembly of the State of Illinois; elected officials;
14executive heads of a department; members of boards or
15commissions; the Executive Inspectors General; any special
16Executive Inspectors General; employees of each Office of an
17Executive Inspector General; commissioners and employees of
18the Executive Ethics Commission; the Auditor General's
19Inspector General; employees of the Office of the Auditor
20General's Inspector General; the Legislative Inspector
21General; any special Legislative Inspectors General; employees
22of the Office of the Legislative Inspector General;
23commissioners and employees of the Legislative Ethics
24Commission; employees of any agency, board or commission
25created by this Act; employees appointed to State positions of
26a temporary or emergency nature; all employees of school

 

 

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1districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on July 23, 2010 (the
5effective date of Public Act 96-1257); managerial employees;
6short-term employees; legislative liaisons; a person who is a
7State employee under the jurisdiction of the Office of the
8Attorney General who is licensed to practice law or whose
9position authorizes, either directly or indirectly, meaningful
10input into government decision-making on issues where there is
11room for principled disagreement on goals or their
12implementation; a person who is a State employee under the
13jurisdiction of the Office of the Comptroller who holds the
14position of Public Service Administrator or whose position is
15otherwise exempt under the Comptroller Merit Employment Code;
16a person who is a State employee under the jurisdiction of the
17Secretary of State who holds the position classification of
18Executive I or higher, whose position authorizes, either
19directly or indirectly, meaningful input into government
20decision-making on issues where there is room for principled
21disagreement on goals or their implementation, or who is
22otherwise exempt under the Secretary of State Merit Employment
23Code; employees in the Office of the Secretary of State who are
24completely exempt from jurisdiction B of the Secretary of
25State Merit Employment Code and who are in Rutan-exempt
26positions on or after April 5, 2013 (the effective date of

 

 

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1Public Act 97-1172); a person who is a State employee under the
2jurisdiction of the Treasurer who holds a position that is
3exempt from the State Treasurer Employment Code; any employee
4of a State agency who (i) holds the title or position of, or
5exercises substantially similar duties as a legislative
6liaison, Agency General Counsel, Agency Chief of Staff, Agency
7Executive Director, Agency Deputy Director, Agency Chief
8Fiscal Officer, Agency Human Resources Director, Public
9Information Officer, or Chief Information Officer and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any employee
12of a State agency who (i) is in a position that is
13Rutan-exempt, as designated by the employer, and completely
14exempt from jurisdiction B of the Personnel Code and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any term
17appointed employee of a State agency pursuant to Section 8b.18
18or 8b.19 of the Personnel Code who was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employment position
21properly designated pursuant to Section 6.1 of this Act;
22confidential employees; independent contractors; and
23supervisors except as provided in this Act.
24    Home care and home health workers who function as personal
25assistants and individual maintenance home health workers and
26who also work under the Home Services Program under Section 3

 

 

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1of the Rehabilitation of Persons with Disabilities Act shall
2not be considered public employees for any purposes not
3specifically provided for in Public Act 93-204 or Public Act
497-1158, including, but not limited to, purposes of vicarious
5liability in tort and purposes of statutory retirement or
6health insurance benefits. Home care and home health workers
7who function as personal assistants and individual maintenance
8home health workers and who also work under the Home Services
9Program under Section 3 of the Rehabilitation of Persons with
10Disabilities Act shall not be covered by the State Employees
11Group Insurance Act of 1971.
12    Child and day care home providers shall not be considered
13public employees for any purposes not specifically provided
14for in Public Act 94-320, including, but not limited to,
15purposes of vicarious liability in tort and purposes of
16statutory retirement or health insurance benefits. Child and
17day care home providers shall not be covered by the State
18Employees Group Insurance Act of 1971.
19    Notwithstanding Section 9, subsection (c), or any other
20provisions of this Act, all peace officers above the rank of
21captain in municipalities with more than 1,000,000 inhabitants
22shall be excluded from this Act.
23    (o) Except as otherwise in subsection (o-5), "public
24employer" or "employer" means the State of Illinois; any
25political subdivision of the State, unit of local government
26or school district; authorities including departments,

 

 

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1divisions, bureaus, boards, commissions, or other agencies of
2the foregoing entities; and any person acting within the scope
3of his or her authority, express or implied, on behalf of those
4entities in dealing with its employees. As of July 16, 2003
5(the effective date of Public Act 93-204), but not before, the
6State of Illinois shall be considered the employer of the
7personal assistants working under the Home Services Program
8under Section 3 of the Rehabilitation of Persons with
9Disabilities Act, subject to the limitations set forth in this
10Act and in the Rehabilitation of Persons with Disabilities
11Act. As of January 29, 2013 (the effective date of Public Act
1297-1158), but not before except as otherwise provided in this
13subsection (o), the State shall be considered the employer of
14home care and home health workers who function as personal
15assistants and individual maintenance home health workers and
16who also work under the Home Services Program under Section 3
17of the Rehabilitation of Persons with Disabilities Act, no
18matter whether the State provides those services through
19direct fee-for-service arrangements, with the assistance of a
20managed care organization or other intermediary, or otherwise,
21but subject to the limitations set forth in this Act and the
22Rehabilitation of Persons with Disabilities Act. The State
23shall not be considered to be the employer of home care and
24home health workers who function as personal assistants and
25individual maintenance home health workers and who also work
26under the Home Services Program under Section 3 of the

 

 

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1Rehabilitation of Persons with Disabilities Act, for any
2purposes not specifically provided for in Public Act 93-204 or
3Public Act 97-1158, including but not limited to, purposes of
4vicarious liability in tort and purposes of statutory
5retirement or health insurance benefits. Home care and home
6health workers who function as personal assistants and
7individual maintenance home health workers and who also work
8under the Home Services Program under Section 3 of the
9Rehabilitation of Persons with Disabilities Act shall not be
10covered by the State Employees Group Insurance Act of 1971. As
11of January 1, 2006 (the effective date of Public Act 94-320),
12but not before, the State of Illinois shall be considered the
13employer of the day and child care home providers
14participating in the child care assistance program under
15Section 9A-11 of the Illinois Public Aid Code, subject to the
16limitations set forth in this Act and in Section 9A-11 of the
17Illinois Public Aid Code. The State shall not be considered to
18be the employer of child and day care home providers for any
19purposes not specifically provided for in Public Act 94-320,
20including, but not limited to, purposes of vicarious liability
21in tort and purposes of statutory retirement or health
22insurance benefits. Child and day care home providers shall
23not be covered by the State Employees Group Insurance Act of
241971.
25    "Public employer" or "employer" as used in this Act,
26however, does not mean and shall not include the General

 

 

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1Assembly of the State of Illinois, the Executive Ethics
2Commission, the Offices of the Executive Inspectors General,
3the Legislative Ethics Commission, the Office of the
4Legislative Inspector General, the Office of the Auditor
5General's Inspector General, the Office of the Governor, the
6Governor's Office of Management and Budget, the Illinois
7Finance Authority, the Office of the Lieutenant Governor, the
8State Board of Elections, and educational employers or
9employers as defined in the Illinois Educational Labor
10Relations Act, except with respect to a state university in
11its employment of firefighters and peace officers and except
12with respect to a school district in the employment of peace
13officers in its own police department in existence on July 23,
142010 (the effective date of Public Act 96-1257). County boards
15and county sheriffs shall be designated as joint or
16co-employers of county peace officers appointed under the
17authority of a county sheriff. Nothing in this subsection (o)
18shall be construed to prevent the State Panel or the Local
19Panel from determining that employers are joint or
20co-employers.
21    (o-5) With respect to wages, fringe benefits, hours,
22holidays, vacations, proficiency examinations, sick leave, and
23other conditions of employment, the public employer of public
24employees who are court reporters, as defined in the Court
25Reporters Act, shall be determined as follows:
26        (1) For court reporters employed by the Cook County

 

 

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1    Judicial Circuit, the chief judge of the Cook County
2    Circuit Court is the public employer and employer
3    representative.
4        (2) For court reporters employed by the 12th, 18th,
5    19th, and, on and after December 4, 2006, the 22nd
6    judicial circuits, a group consisting of the chief judges
7    of those circuits, acting jointly by majority vote, is the
8    public employer and employer representative.
9        (3) For court reporters employed by all other judicial
10    circuits, a group consisting of the chief judges of those
11    circuits, acting jointly by majority vote, is the public
12    employer and employer representative.
13    (p) "Security employee" means an employee who is
14responsible for the supervision and control of inmates at
15correctional facilities. The term also includes other
16non-security employees in bargaining units having the majority
17of employees being responsible for the supervision and control
18of inmates at correctional facilities.
19    (q) "Short-term employee" means an employee who is
20employed for less than 2 consecutive calendar quarters during
21a calendar year and who does not have a reasonable assurance
22that he or she will be rehired by the same employer for the
23same service in a subsequent calendar year.
24    (q-5) "State agency" means an agency directly responsible
25to the Governor, as defined in Section 3.1 of the Executive
26Reorganization Implementation Act, and the Illinois Commerce

 

 

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1Commission, the Illinois Workers' Compensation Commission, the
2Civil Service Commission, the Pollution Control Board, the
3Illinois Racing Board, and the Illinois State Police Merit
4Board.
5    (r) "Supervisor" is:
6        (1) An employee whose principal work is substantially
7    different from that of his or her subordinates and who has
8    authority, in the interest of the employer, to hire,
9    transfer, suspend, lay off, recall, promote, discharge,
10    direct, reward, or discipline employees, to adjust their
11    grievances, or to effectively recommend any of those
12    actions, if the exercise of that authority is not of a
13    merely routine or clerical nature, but requires the
14    consistent use of independent judgment. The Except with
15    respect to police employment, the term "supervisor"
16    includes only those individuals who devote a preponderance
17    of their employment time to exercising that authority,
18    State supervisors notwithstanding. Determinations of
19    supervisor status shall be based on actual employee job
20    duties and not solely on written job descriptions. Nothing
21    in this definition prohibits an individual from also
22    meeting the definition of "managerial employee" under
23    subsection (j) of this Section. In addition, in
24    determining supervisory status in police employment, rank
25    shall not be determinative. The Board shall consider, as
26    evidence of bargaining unit inclusion or exclusion, the

 

 

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1    common law enforcement policies and relationships between
2    police officer ranks and certification under applicable
3    civil service law, ordinances, personnel codes, or
4    Division 2.1 of Article 10 of the Illinois Municipal Code,
5    but these factors shall not be the sole or predominant
6    factors considered by the Board in determining police
7    supervisory status.
8        Notwithstanding the provisions of the preceding
9    paragraph, in determining supervisory status in fire
10    fighter employment, no fire fighter shall be excluded as a
11    supervisor who has established representation rights under
12    Section 9 of this Act. Further, in fire fighter units,
13    employees shall consist of fire fighters of the highest
14    rank of company officer and below. A company officer may
15    be responsible for multiple companies or apparatus on a
16    shift, multiple stations, or an entire shift. There may be
17    more than one company officer per shift. If a company
18    officer otherwise qualifies as a supervisor under the
19    preceding paragraph, however, he or she shall not be
20    included in the fire fighter unit. If there is no rank
21    between that of chief and the highest company officer, the
22    employer may designate a position on each shift as a Shift
23    Commander, and the persons occupying those positions shall
24    be supervisors. All other ranks above that of the highest
25    company officer shall be supervisors.
26        (2) With respect only to State employees in positions

 

 

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1    under the jurisdiction of the Attorney General, Secretary
2    of State, Comptroller, or Treasurer (i) that were
3    certified in a bargaining unit on or after December 2,
4    2008, (ii) for which a petition is filed with the Illinois
5    Public Labor Relations Board on or after April 5, 2013
6    (the effective date of Public Act 97-1172), or (iii) for
7    which a petition is pending before the Illinois Public
8    Labor Relations Board on that date, an employee who
9    qualifies as a supervisor under (A) Section 152 of the
10    National Labor Relations Act and (B) orders of the
11    National Labor Relations Board interpreting that provision
12    or decisions of courts reviewing decisions of the National
13    Labor Relations Board.
14    (s)(1) "Unit" means a class of jobs or positions that are
15held by employees whose collective interests may suitably be
16represented by a labor organization for collective bargaining.
17Except with respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Illinois
20State Police, a bargaining unit determined by the Board shall
21not include both employees and supervisors, or supervisors
22only, except as provided in paragraph (2) of this subsection
23(s) and except for bargaining units in existence on July 1,
241984 (the effective date of this Act). With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace

 

 

HB5089- 22 -LRB103 35983 AWJ 66070 b

1officers, and peace officers in the Illinois State Police, a
2bargaining unit determined by the Board shall not include both
3supervisors and nonsupervisors, or supervisors only, except as
4provided in paragraph (2) of this subsection (s) and except
5for bargaining units in existence on January 1, 1986 (the
6effective date of this amendatory Act of 1985). A bargaining
7unit determined by the Board to contain peace officers shall
8contain no employees other than peace officers unless
9otherwise agreed to by the employer and the labor organization
10or labor organizations involved. Notwithstanding any other
11provision of this Act, a bargaining unit, including a
12historical bargaining unit, containing sworn peace officers of
13the Department of Natural Resources (formerly designated the
14Department of Conservation) shall contain no employees other
15than such sworn peace officers upon the effective date of this
16amendatory Act of 1990 or upon the expiration date of any
17collective bargaining agreement in effect upon the effective
18date of this amendatory Act of 1990 covering both such sworn
19peace officers and other employees.
20    (2) Notwithstanding the exclusion of supervisors from
21bargaining units as provided in paragraph (1) of this
22subsection (s), a public employer may agree to permit its
23supervisory employees to form bargaining units and may bargain
24with those units. This Act shall apply if the public employer
25chooses to bargain under this subsection.
26    (3) Public employees who are court reporters, as defined

 

 

HB5089- 23 -LRB103 35983 AWJ 66070 b

1in the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th,
519th, and, on and after December 4, 2006, the 22nd judicial
6circuits; and one unit shall be court reporters employed by
7all other judicial circuits.
8    (t) "Active petition for certification in a bargaining
9unit" means a petition for certification filed with the Board
10under one of the following case numbers: S-RC-11-110;
11S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
12S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
13S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
14S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
15S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
16S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
17S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
18S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
19S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
20S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
21S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
22S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
23S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
24S-RC-07-100.
25(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
26102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.

 

 

HB5089- 24 -LRB103 35983 AWJ 66070 b

16-30-23.)