|
| | 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). |
| |
| | A BILL FOR |
|
|
| | HB5089 | | LRB103 35983 AWJ 66070 b |
|
|
1 | | AN ACT concerning government. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Illinois Public Labor Relations Act is |
5 | | amended 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 |
8 | | context otherwise requires: |
9 | | (a) "Board" means the Illinois Labor Relations Board or, |
10 | | with respect to a matter over which the jurisdiction of the |
11 | | Board is assigned to the State Panel or the Local Panel under |
12 | | Section 5, the panel having jurisdiction over the matter. |
13 | | (b) "Collective bargaining" means bargaining over terms |
14 | | and conditions of employment, including hours, wages, and |
15 | | other conditions of employment, as detailed in Section 7 and |
16 | | which are not excluded by Section 4. |
17 | | (c) "Confidential employee" means an employee who, in the |
18 | | regular course of his or her duties, assists and acts in a |
19 | | confidential capacity to persons who formulate, determine, and |
20 | | effectuate management policies with regard to labor relations |
21 | | or who, in the regular course of his or her duties, has |
22 | | authorized access to information relating to the effectuation |
23 | | or review of the employer's collective bargaining policies. |
|
| | HB5089 | - 2 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Determinations of confidential employee status shall be based |
2 | | on actual employee job duties and not solely on written job |
3 | | descriptions. |
4 | | (d) "Craft employees" means skilled journeymen, crafts |
5 | | persons, and their apprentices and helpers. |
6 | | (e) "Essential services employees" means those public |
7 | | employees performing functions so essential that the |
8 | | interruption or termination of the function will constitute a |
9 | | clear and present danger to the health and safety of the |
10 | | persons in the affected community. |
11 | | (f) "Exclusive representative", except with respect to |
12 | | non-State fire fighters and paramedics employed by fire |
13 | | departments and fire protection districts, non-State peace |
14 | | officers, and peace officers in the Illinois State Police, |
15 | | means the labor organization that has been (i) designated by |
16 | | the Board as the representative of a majority of public |
17 | | employees in an appropriate bargaining unit in accordance with |
18 | | the procedures contained in this Act; (ii) historically |
19 | | recognized by the State of Illinois or any political |
20 | | subdivision of the State before July 1, 1984 (the effective |
21 | | date of this Act) as the exclusive representative of the |
22 | | employees in an appropriate bargaining unit; (iii) after July |
23 | | 1, 1984 (the effective date of this Act) recognized by an |
24 | | employer upon evidence, acceptable to the Board, that the |
25 | | labor organization has been designated as the exclusive |
26 | | representative by a majority of the employees in an |
|
| | HB5089 | - 3 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | appropriate bargaining unit; (iv) recognized as the exclusive |
2 | | representative of personal assistants under Executive Order |
3 | | 2003-8 prior to July 16, 2003 (the effective date of Public Act |
4 | | 93-204), and the organization shall be considered to be the |
5 | | exclusive representative of the personal assistants as defined |
6 | | in this Section; or (v) recognized as the exclusive |
7 | | representative of child and day care home providers, including |
8 | | licensed and license exempt providers, pursuant to an election |
9 | | held under Executive Order 2005-1 prior to January 1, 2006 |
10 | | (the effective date of Public Act 94-320), and the |
11 | | organization shall be considered to be the exclusive |
12 | | representative of the child and day care home providers as |
13 | | defined in this Section. |
14 | | With respect to non-State fire fighters and paramedics |
15 | | employed by fire departments and fire protection districts, |
16 | | non-State peace officers, and peace officers in the Illinois |
17 | | State Police, "exclusive representative" means the labor |
18 | | organization that has been (i) designated by the Board as the |
19 | | representative of a majority of peace officers or fire |
20 | | fighters in an appropriate bargaining unit in accordance with |
21 | | the procedures contained in this Act, (ii) historically |
22 | | recognized by the State of Illinois or any political |
23 | | subdivision of the State before January 1, 1986 (the effective |
24 | | date of this amendatory Act of 1985) as the exclusive |
25 | | representative by a majority of the peace officers or fire |
26 | | fighters in an appropriate bargaining unit, or (iii) after |
|
| | HB5089 | - 4 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | January 1, 1986 (the effective date of this amendatory Act of |
2 | | 1985) recognized by an employer upon evidence, acceptable to |
3 | | the Board, that the labor organization has been designated as |
4 | | the exclusive representative by a majority of the peace |
5 | | officers or fire fighters in an appropriate bargaining unit. |
6 | | Where a historical pattern of representation exists for |
7 | | the workers of a water system that was owned by a public |
8 | | utility, as defined in Section 3-105 of the Public Utilities |
9 | | Act, prior to becoming certified employees of a municipality |
10 | | or municipalities once the municipality or municipalities have |
11 | | acquired the water system as authorized in Section 11-124-5 of |
12 | | the Illinois Municipal Code, the Board shall find the labor |
13 | | organization that has historically represented the workers to |
14 | | be the exclusive representative under this Act, and shall find |
15 | | the unit represented by the exclusive representative to be the |
16 | | appropriate unit. |
17 | | (g) "Fair share agreement" means an agreement between the |
18 | | employer and an employee organization under which all or any |
19 | | of the employees in a collective bargaining unit are required |
20 | | 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 |
|
| | HB5089 | - 5 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | political office. Nothing in this subsection (g) shall |
2 | | preclude an employee from making voluntary political |
3 | | contributions in conjunction with his or her fair share |
4 | | payment. |
5 | | (g-1) "Fire fighter" means, for the purposes of this Act |
6 | | only, any person who has been or is hereafter appointed to a |
7 | | fire department or fire protection district or employed by a |
8 | | state university and sworn or commissioned to perform fire |
9 | | fighter duties or paramedic duties, including paramedics |
10 | | employed by a unit of local government, except that the |
11 | | following persons are not included: part-time fire fighters, |
12 | | auxiliary, reserve or voluntary fire fighters, including paid |
13 | | on-call fire fighters, clerks and dispatchers or other |
14 | | civilian employees of a fire department or fire protection |
15 | | district who are not routinely expected to perform fire |
16 | | fighter duties, or elected officials. |
17 | | (g-2) "General Assembly of the State of Illinois" means |
18 | | the legislative branch of the government of the State of |
19 | | Illinois, as provided for under Article IV of the Constitution |
20 | | of the State of Illinois, and includes, but is not limited to, |
21 | | the House of Representatives, the Senate, the Speaker of the |
22 | | House of Representatives, the Minority Leader of the House of |
23 | | Representatives, the President of the Senate, the Minority |
24 | | Leader of the Senate, the Joint Committee on Legislative |
25 | | Support Services, and any legislative support services agency |
26 | | listed in the Legislative Commission Reorganization Act of |
|
| | HB5089 | - 6 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | 1984. |
2 | | (h) "Governing body" means, in the case of the State, the |
3 | | State Panel of the Illinois Labor Relations Board, the |
4 | | Director of the Department of Central Management Services, and |
5 | | the Director of the Department of Labor; the county board in |
6 | | the case of a county; the corporate authorities in the case of |
7 | | a municipality; and the appropriate body authorized to provide |
8 | | for expenditures of its funds in the case of any other unit of |
9 | | 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 | | (i-5) "Legislative liaison" means a person who is an |
16 | | employee of a State agency, the Attorney General, the |
17 | | Secretary of State, the Comptroller, or the Treasurer, as the |
18 | | case may be, and whose job duties require the person to |
19 | | regularly communicate in the course of his or her employment |
20 | | with any official or staff of the General Assembly of the State |
21 | | of Illinois for the purpose of influencing any legislative |
22 | | action. |
23 | | (j) "Managerial employee" means an individual who is |
24 | | engaged predominantly in executive and management functions |
25 | | and is charged with the responsibility of directing the |
26 | | effectuation of management policies and practices. |
|
| | HB5089 | - 7 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Determination of managerial employee status shall be based on |
2 | | actual employee job duties and not solely on written job |
3 | | descriptions. With respect only to State employees in |
4 | | positions under the jurisdiction of the Attorney General, |
5 | | Secretary of State, Comptroller, or Treasurer (i) that were |
6 | | certified in a bargaining unit on or after December 2, 2008, |
7 | | (ii) for which a petition is filed with the Illinois Public |
8 | | Labor Relations Board on or after April 5, 2013 (the effective |
9 | | date of Public Act 97-1172), or (iii) for which a petition is |
10 | | pending before the Illinois Public Labor Relations Board on |
11 | | that date, "managerial employee" means an individual who is |
12 | | engaged in executive and management functions or who is |
13 | | charged with the effectuation of management policies and |
14 | | practices or who represents management interests by taking or |
15 | | recommending discretionary actions that effectively control or |
16 | | implement policy. Nothing in this definition prohibits an |
17 | | individual from also meeting the definition of "supervisor" |
18 | | under subsection (r) of this Section. |
19 | | (k) "Peace officer" means, for the purposes of this Act |
20 | | only, any persons who have been or are hereafter appointed to a |
21 | | police force, department, or agency and sworn or commissioned |
22 | | to perform police duties, except that the following persons |
23 | | are not included: part-time police officers, special police |
24 | | officers, auxiliary police as defined by Section 3.1-30-20 of |
25 | | the Illinois Municipal Code, night watchmen, "merchant |
26 | | police", court security officers as defined by Section |
|
| | HB5089 | - 8 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | 3-6012.1 of the Counties Code, temporary employees, traffic |
2 | | guards or wardens, civilian parking meter and parking |
3 | | facilities personnel or other individuals specially appointed |
4 | | to aid or direct traffic at or near schools or public functions |
5 | | or to aid in civil defense or disaster, parking enforcement |
6 | | employees who are not commissioned as peace officers and who |
7 | | are not armed and who are not routinely expected to effect |
8 | | arrests, parking lot attendants, clerks and dispatchers or |
9 | | other civilian employees of a police department who are not |
10 | | routinely expected to effect arrests, or elected officials. |
11 | | (l) "Person" includes one or more individuals, labor |
12 | | organizations, public employees, associations, corporations, |
13 | | legal representatives, trustees, trustees in bankruptcy, |
14 | | receivers, or the State of Illinois or any political |
15 | | subdivision of the State or governing body, but does not |
16 | | include the General Assembly of the State of Illinois or any |
17 | | individual employed by the General Assembly of the State of |
18 | | Illinois. |
19 | | (m) "Professional employee" means any employee engaged in |
20 | | work predominantly intellectual and varied in character rather |
21 | | than routine mental, manual, mechanical or physical work; |
22 | | involving the consistent exercise of discretion and adjustment |
23 | | in its performance; of such a character that the output |
24 | | produced or the result accomplished cannot be standardized in |
25 | | relation to a given period of time; and requiring advanced |
26 | | knowledge in a field of science or learning customarily |
|
| | HB5089 | - 9 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | acquired by a prolonged course of specialized intellectual |
2 | | instruction and study in an institution of higher learning or |
3 | | a hospital, as distinguished from a general academic education |
4 | | or from apprenticeship or from training in the performance of |
5 | | routine mental, manual, or physical processes; or any employee |
6 | | who has completed the courses of specialized intellectual |
7 | | instruction and study prescribed in this subsection (m) and is |
8 | | performing related work under the supervision of a |
9 | | professional person to qualify to become a professional |
10 | | employee as defined in this subsection (m). |
11 | | (n) "Public employee" or "employee", for the purposes of |
12 | | this Act, means any individual employed by a public employer, |
13 | | including (i) interns and residents at public hospitals, (ii) |
14 | | as of July 16, 2003 (the effective date of Public Act 93-204), |
15 | | but not before, personal assistants working under the Home |
16 | | Services Program under Section 3 of the Rehabilitation of |
17 | | Persons with Disabilities Act, subject to the limitations set |
18 | | forth in this Act and in the Rehabilitation of Persons with |
19 | | Disabilities Act, (iii) as of January 1, 2006 (the effective |
20 | | date of Public Act 94-320), but not before, child and day care |
21 | | home providers participating in the child care assistance |
22 | | program under Section 9A-11 of the Illinois Public Aid Code, |
23 | | subject to the limitations set forth in this Act and in Section |
24 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, |
25 | | 2013 (the effective date of Public Act 97-1158), but not |
26 | | before except as otherwise provided in this subsection (n), |
|
| | HB5089 | - 10 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | home care and home health workers who function as personal |
2 | | assistants and individual maintenance home health workers and |
3 | | who also work under the Home Services Program under Section 3 |
4 | | of the Rehabilitation of Persons with Disabilities Act, no |
5 | | matter whether the State provides those services through |
6 | | direct fee-for-service arrangements, with the assistance of a |
7 | | managed care organization or other intermediary, or otherwise, |
8 | | (v) beginning on July 19, 2013 (the effective date of Public |
9 | | Act 98-100) and notwithstanding any other provision of this |
10 | | Act, any person employed by a public employer and who is |
11 | | classified as or who holds the employment title of Chief |
12 | | Stationary Engineer, Assistant Chief Stationary Engineer, |
13 | | Sewage Plant Operator, Water Plant Operator, Stationary |
14 | | Engineer, Plant Operating Engineer, and any other employee who |
15 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
16 | | Civil Engineer VII, Technical Manager I, Technical Manager II, |
17 | | Technical Manager III, Technical Manager IV, Technical Manager |
18 | | V, Technical Manager VI, Realty Specialist III, Realty |
19 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
20 | | Technical Advisor II, Technical Advisor III, Technical Advisor |
21 | | IV, or Technical Advisor V employed by the Department of |
22 | | Transportation who is in a position which is certified in a |
23 | | bargaining unit on or before July 19, 2013 (the effective date |
24 | | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the |
25 | | effective date of Public Act 98-100) and notwithstanding any |
26 | | other provision of this Act, any mental health administrator |
|
| | HB5089 | - 11 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | in the Department of Corrections who is classified as or who |
2 | | holds the position of Public Service Administrator (Option |
3 | | 8K), any employee of the Office of the Inspector General in the |
4 | | Department of Human Services who is classified as or who holds |
5 | | the position of Public Service Administrator (Option 7), any |
6 | | Deputy of Intelligence in the Department of Corrections who is |
7 | | classified as or who holds the position of Public Service |
8 | | Administrator (Option 7), and any employee of the Illinois |
9 | | State Police who handles issues concerning the Illinois State |
10 | | Police Sex Offender Registry and who is classified as or holds |
11 | | the position of Public Service Administrator (Option 7), but |
12 | | excluding all of the following: employees of the General |
13 | | Assembly of the State of Illinois; elected officials; |
14 | | executive heads of a department; members of boards or |
15 | | commissions; the Executive Inspectors General; any special |
16 | | Executive Inspectors General; employees of each Office of an |
17 | | Executive Inspector General; commissioners and employees of |
18 | | the Executive Ethics Commission; the Auditor General's |
19 | | Inspector General; employees of the Office of the Auditor |
20 | | General's Inspector General; the Legislative Inspector |
21 | | General; any special Legislative Inspectors General; employees |
22 | | of the Office of the Legislative Inspector General; |
23 | | commissioners and employees of the Legislative Ethics |
24 | | Commission; employees of any agency, board or commission |
25 | | created by this Act; employees appointed to State positions of |
26 | | a temporary or emergency nature; all employees of school |
|
| | HB5089 | - 12 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | districts and higher education institutions except |
2 | | firefighters and peace officers employed by a state university |
3 | | and except peace officers employed by a school district in its |
4 | | own police department in existence on July 23, 2010 (the |
5 | | effective date of Public Act 96-1257); managerial employees; |
6 | | short-term employees; legislative liaisons; a person who is a |
7 | | State employee under the jurisdiction of the Office of the |
8 | | Attorney General who is licensed to practice law or whose |
9 | | position authorizes, either directly or indirectly, meaningful |
10 | | input into government decision-making on issues where there is |
11 | | room for principled disagreement on goals or their |
12 | | implementation; a person who is a State employee under the |
13 | | jurisdiction of the Office of the Comptroller who holds the |
14 | | position of Public Service Administrator or whose position is |
15 | | otherwise exempt under the Comptroller Merit Employment Code; |
16 | | a person who is a State employee under the jurisdiction of the |
17 | | Secretary of State who holds the position classification of |
18 | | Executive I or higher, whose position authorizes, either |
19 | | directly or indirectly, meaningful input into government |
20 | | decision-making on issues where there is room for principled |
21 | | disagreement on goals or their implementation, or who is |
22 | | otherwise exempt under the Secretary of State Merit Employment |
23 | | Code; employees in the Office of the Secretary of State who are |
24 | | completely exempt from jurisdiction B of the Secretary of |
25 | | State Merit Employment Code and who are in Rutan-exempt |
26 | | positions on or after April 5, 2013 (the effective date of |
|
| | HB5089 | - 13 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Public Act 97-1172); a person who is a State employee under the |
2 | | jurisdiction of the Treasurer who holds a position that is |
3 | | exempt from the State Treasurer Employment Code; any employee |
4 | | of a State agency who (i) holds the title or position of, or |
5 | | exercises substantially similar duties as a legislative |
6 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
7 | | Executive Director, Agency Deputy Director, Agency Chief |
8 | | Fiscal Officer, Agency Human Resources Director, Public |
9 | | Information Officer, or Chief Information Officer and (ii) was |
10 | | neither included in a bargaining unit nor subject to an active |
11 | | petition for certification in a bargaining unit; any employee |
12 | | of a State agency who (i) is in a position that is |
13 | | Rutan-exempt, as designated by the employer, and completely |
14 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
15 | | neither included in a bargaining unit nor subject to an active |
16 | | petition for certification in a bargaining unit; any term |
17 | | appointed employee of a State agency pursuant to Section 8b.18 |
18 | | or 8b.19 of the Personnel Code who was neither included in a |
19 | | bargaining unit nor subject to an active petition for |
20 | | certification in a bargaining unit; any employment position |
21 | | properly designated pursuant to Section 6.1 of this Act; |
22 | | confidential employees; independent contractors; and |
23 | | supervisors except as provided in this Act. |
24 | | Home care and home health workers who function as personal |
25 | | assistants and individual maintenance home health workers and |
26 | | who also work under the Home Services Program under Section 3 |
|
| | HB5089 | - 14 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | of the Rehabilitation of Persons with Disabilities Act shall |
2 | | not be considered public employees for any purposes not |
3 | | specifically provided for in Public Act 93-204 or Public Act |
4 | | 97-1158, including, but not limited to, purposes of vicarious |
5 | | liability in tort and purposes of statutory retirement or |
6 | | health insurance benefits. Home care and home health workers |
7 | | who function as personal assistants and individual maintenance |
8 | | home health workers and who also work under the Home Services |
9 | | Program under Section 3 of the Rehabilitation of Persons with |
10 | | Disabilities Act shall not be covered by the State Employees |
11 | | Group Insurance Act of 1971. |
12 | | Child and day care home providers shall not be considered |
13 | | public employees for any purposes not specifically provided |
14 | | for in Public Act 94-320, including, but not limited to, |
15 | | purposes of vicarious liability in tort and purposes of |
16 | | statutory retirement or health insurance benefits. Child and |
17 | | day care home providers shall not be covered by the State |
18 | | Employees Group Insurance Act of 1971. |
19 | | Notwithstanding Section 9, subsection (c), or any other |
20 | | provisions of this Act, all peace officers above the rank of |
21 | | captain in municipalities with more than 1,000,000 inhabitants |
22 | | shall be excluded from this Act. |
23 | | (o) Except as otherwise in subsection (o-5), "public |
24 | | employer" or "employer" means the State of Illinois; any |
25 | | political subdivision of the State, unit of local government |
26 | | or school district; authorities including departments, |
|
| | HB5089 | - 15 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | divisions, bureaus, boards, commissions, or other agencies of |
2 | | the foregoing entities; and any person acting within the scope |
3 | | of his or her authority, express or implied, on behalf of those |
4 | | entities in dealing with its employees. As of July 16, 2003 |
5 | | (the effective date of Public Act 93-204), but not before, the |
6 | | State of Illinois shall be considered the employer of the |
7 | | personal assistants working under the Home Services Program |
8 | | under Section 3 of the Rehabilitation of Persons with |
9 | | Disabilities Act, subject to the limitations set forth in this |
10 | | Act and in the Rehabilitation of Persons with Disabilities |
11 | | Act. As of January 29, 2013 (the effective date of Public Act |
12 | | 97-1158), but not before except as otherwise provided in this |
13 | | subsection (o), the State shall be considered the employer of |
14 | | home care and home health workers who function as personal |
15 | | assistants and individual maintenance home health workers and |
16 | | who also work under the Home Services Program under Section 3 |
17 | | of the Rehabilitation of Persons with Disabilities Act, no |
18 | | matter whether the State provides those services through |
19 | | direct fee-for-service arrangements, with the assistance of a |
20 | | managed care organization or other intermediary, or otherwise, |
21 | | but subject to the limitations set forth in this Act and the |
22 | | Rehabilitation of Persons with Disabilities Act. The State |
23 | | shall not be considered to be the employer of home care and |
24 | | home health workers who function as personal assistants and |
25 | | individual maintenance home health workers and who also work |
26 | | under the Home Services Program under Section 3 of the |
|
| | HB5089 | - 16 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Rehabilitation of Persons with Disabilities Act, for any |
2 | | purposes not specifically provided for in Public Act 93-204 or |
3 | | Public Act 97-1158, including but not limited to, purposes of |
4 | | vicarious liability in tort and purposes of statutory |
5 | | retirement or health insurance benefits. Home care and home |
6 | | health workers who function as personal assistants and |
7 | | individual maintenance home health workers and who also work |
8 | | under the Home Services Program under Section 3 of the |
9 | | Rehabilitation of Persons with Disabilities Act shall not be |
10 | | covered by the State Employees Group Insurance Act of 1971. As |
11 | | of January 1, 2006 (the effective date of Public Act 94-320), |
12 | | but not before, the State of Illinois shall be considered the |
13 | | employer of the day and child care home providers |
14 | | participating in the child care assistance program under |
15 | | Section 9A-11 of the Illinois Public Aid Code, subject to the |
16 | | limitations set forth in this Act and in Section 9A-11 of the |
17 | | Illinois Public Aid Code. The State shall not be considered to |
18 | | be the employer of child and day care home providers for any |
19 | | purposes not specifically provided for in Public Act 94-320, |
20 | | including, but not limited to, purposes of vicarious liability |
21 | | in tort and purposes of statutory retirement or health |
22 | | insurance benefits. Child and day care home providers shall |
23 | | not be covered by the State Employees Group Insurance Act of |
24 | | 1971. |
25 | | "Public employer" or "employer" as used in this Act, |
26 | | however, does not mean and shall not include the General |
|
| | HB5089 | - 17 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Assembly of the State of Illinois, the Executive Ethics |
2 | | Commission, the Offices of the Executive Inspectors General, |
3 | | the Legislative Ethics Commission, the Office of the |
4 | | Legislative Inspector General, the Office of the Auditor |
5 | | General's Inspector General, the Office of the Governor, the |
6 | | Governor's Office of Management and Budget, the Illinois |
7 | | Finance Authority, the Office of the Lieutenant Governor, the |
8 | | State Board of Elections, and educational employers or |
9 | | employers as defined in the Illinois Educational Labor |
10 | | Relations Act, except with respect to a state university in |
11 | | its employment of firefighters and peace officers and except |
12 | | with respect to a school district in the employment of peace |
13 | | officers in its own police department in existence on July 23, |
14 | | 2010 (the effective date of Public Act 96-1257). County boards |
15 | | and county sheriffs shall be designated as joint or |
16 | | co-employers of county peace officers appointed under the |
17 | | authority of a county sheriff. Nothing in this subsection (o) |
18 | | shall be construed to prevent the State Panel or the Local |
19 | | Panel from determining that employers are joint or |
20 | | co-employers. |
21 | | (o-5) With respect to wages, fringe benefits, hours, |
22 | | holidays, vacations, proficiency examinations, sick leave, and |
23 | | other conditions of employment, the public employer of public |
24 | | employees who are court reporters, as defined in the Court |
25 | | Reporters Act, shall be determined as follows: |
26 | | (1) For court reporters employed by the Cook County |
|
| | HB5089 | - 18 - | LRB103 35983 AWJ 66070 b |
|
|
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 |
14 | | responsible for the supervision and control of inmates at |
15 | | correctional facilities. The term also includes other |
16 | | non-security employees in bargaining units having the majority |
17 | | of employees being responsible for the supervision and control |
18 | | of inmates at correctional facilities. |
19 | | (q) "Short-term employee" means an employee who is |
20 | | employed for less than 2 consecutive calendar quarters during |
21 | | a calendar year and who does not have a reasonable assurance |
22 | | that he or she will be rehired by the same employer for the |
23 | | same service in a subsequent calendar year. |
24 | | (q-5) "State agency" means an agency directly responsible |
25 | | to the Governor, as defined in Section 3.1 of the Executive |
26 | | Reorganization Implementation Act, and the Illinois Commerce |
|
| | HB5089 | - 19 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | Commission, the Illinois Workers' Compensation Commission, the |
2 | | Civil Service Commission, the Pollution Control Board, the |
3 | | Illinois Racing Board, and the Illinois State Police Merit |
4 | | Board. |
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 |
|
| | HB5089 | - 20 - | LRB103 35983 AWJ 66070 b |
|
|
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 |
|
| | HB5089 | - 21 - | LRB103 35983 AWJ 66070 b |
|
|
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 |
15 | | held by employees whose collective interests may suitably be |
16 | | represented by a labor organization for collective bargaining. |
17 | | Except with respect to non-State fire fighters and paramedics |
18 | | employed by fire departments and fire protection districts, |
19 | | non-State peace officers, and peace officers in the Illinois |
20 | | State Police, a bargaining unit determined by the Board shall |
21 | | not include both employees and supervisors, or supervisors |
22 | | only, except as provided in paragraph (2) of this subsection |
23 | | (s) and except for bargaining units in existence on July 1, |
24 | | 1984 (the effective date of this Act). With respect to |
25 | | non-State fire fighters and paramedics employed by fire |
26 | | departments and fire protection districts, non-State peace |
|
| | HB5089 | - 22 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | officers, and peace officers in the Illinois State Police, a |
2 | | bargaining unit determined by the Board shall not include both |
3 | | supervisors and nonsupervisors, or supervisors only, except as |
4 | | provided in paragraph (2) of this subsection (s) and except |
5 | | for bargaining units in existence on January 1, 1986 (the |
6 | | effective date of this amendatory Act of 1985). A bargaining |
7 | | unit determined by the Board to contain peace officers shall |
8 | | contain no employees other than peace officers unless |
9 | | otherwise agreed to by the employer and the labor organization |
10 | | or labor organizations involved. Notwithstanding any other |
11 | | provision of this Act, a bargaining unit, including a |
12 | | historical bargaining unit, containing sworn peace officers of |
13 | | the Department of Natural Resources (formerly designated the |
14 | | Department of Conservation) shall contain no employees other |
15 | | than such sworn peace officers upon the effective date of this |
16 | | amendatory Act of 1990 or upon the expiration date of any |
17 | | collective bargaining agreement in effect upon the effective |
18 | | date of this amendatory Act of 1990 covering both such sworn |
19 | | peace officers and other employees. |
20 | | (2) Notwithstanding the exclusion of supervisors from |
21 | | bargaining units as provided in paragraph (1) of this |
22 | | subsection (s), a public employer may agree to permit its |
23 | | supervisory employees to form bargaining units and may bargain |
24 | | with those units. This Act shall apply if the public employer |
25 | | chooses to bargain under this subsection. |
26 | | (3) Public employees who are court reporters, as defined |
|
| | HB5089 | - 23 - | LRB103 35983 AWJ 66070 b |
|
|
1 | | in the Court Reporters Act, shall be divided into 3 units for |
2 | | collective bargaining purposes. One unit shall be court |
3 | | reporters employed by the Cook County Judicial Circuit; one |
4 | | unit shall be court reporters employed by the 12th, 18th, |
5 | | 19th, and, on and after December 4, 2006, the 22nd judicial |
6 | | circuits; and one unit shall be court reporters employed by |
7 | | all other judicial circuits. |
8 | | (t) "Active petition for certification in a bargaining |
9 | | unit" means a petition for certification filed with the Board |
10 | | under one of the following case numbers: S-RC-11-110; |
11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
24 | | S-RC-07-100. |
25 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; |
26 | | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff. |