Rep. Kam Buckner

Filed: 3/7/2025

 

 


 

 


 
10400HB2973ham001LRB104 08978 BDA 23149 a

1
AMENDMENT TO HOUSE BILL 2973

2    AMENDMENT NO. ______. Amend House Bill 2973 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8Determinations of confidential employee status shall be based
9on actual employee job duties and not solely on written job
10descriptions.
11    (d) "Craft employees" means skilled journeymen, crafts
12persons, and their apprentices and helpers.
13    (e) "Essential services employees" means those public
14employees performing functions so essential that the
15interruption or termination of the function will constitute a
16clear and present danger to the health and safety of the
17persons in the affected community.
18    (f) "Exclusive representative", except with respect to
19non-State fire fighters and paramedics employed by fire
20departments and fire protection districts, non-State peace
21officers, and peace officers in the Illinois State Police,
22means the labor organization that has been (i) designated by
23the Board as the representative of a majority of public
24employees in an appropriate bargaining unit in accordance with
25the procedures contained in this Act; (ii) historically
26recognized by the State of Illinois or any political

 

 

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1subdivision of the State before July 1, 1984 (the effective
2date of this Act) as the exclusive representative of the
3employees in an appropriate bargaining unit; (iii) after July
41, 1984 (the effective date of this Act) recognized by an
5employer upon evidence, acceptable to the Board, that the
6labor organization has been designated as the exclusive
7representative by a majority of the employees in an
8appropriate bargaining unit; (iv) recognized as the exclusive
9representative of personal assistants under Executive Order
102003-8 prior to July 16, 2003 (the effective date of Public Act
1193-204), and the organization shall be considered to be the
12exclusive representative of the personal assistants as defined
13in this Section; or (v) recognized as the exclusive
14representative of child and day care home providers, including
15licensed and license exempt providers, pursuant to an election
16held under Executive Order 2005-1 prior to January 1, 2006
17(the effective date of Public Act 94-320), and the
18organization shall be considered to be the exclusive
19representative of the child and day care home providers as
20defined in this Section.
21    With respect to non-State fire fighters and paramedics
22employed by fire departments and fire protection districts,
23non-State peace officers, and peace officers in the Illinois
24State Police, "exclusive representative" means the labor
25organization that has been (i) designated by the Board as the
26representative of a majority of peace officers or fire

 

 

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1fighters in an appropriate bargaining unit in accordance with
2the procedures contained in this Act, (ii) historically
3recognized by the State of Illinois or any political
4subdivision of the State before January 1, 1986 (the effective
5date of this amendatory Act of 1985) as the exclusive
6representative by a majority of the peace officers or fire
7fighters in an appropriate bargaining unit, or (iii) after
8January 1, 1986 (the effective date of this amendatory Act of
91985) recognized by an employer upon evidence, acceptable to
10the Board, that the labor organization has been designated as
11the exclusive representative by a majority of the peace
12officers or fire fighters in an appropriate bargaining unit.
13    Where a historical pattern of representation exists for
14the workers of a water system that was owned by a public
15utility, as defined in Section 3-105 of the Public Utilities
16Act, prior to becoming certified employees of a municipality
17or municipalities once the municipality or municipalities have
18acquired the water system as authorized in Section 11-124-5 of
19the Illinois Municipal Code, the Board shall find the labor
20organization that has historically represented the workers to
21be the exclusive representative under this Act, and shall find
22the unit represented by the exclusive representative to be the
23appropriate unit.
24    (g) "Fair share agreement" means an agreement between the
25employer and an employee organization under which all or any
26of the employees in a collective bargaining unit are required

 

 

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1to pay their proportionate share of the costs of the
2collective bargaining process, contract administration, and
3pursuing matters affecting wages, hours, and other conditions
4of employment, but not to exceed the amount of dues uniformly
5required of members. The amount certified by the exclusive
6representative shall not include any fees for contributions
7related to the election or support of any candidate for
8political office. Nothing in this subsection (g) shall
9preclude an employee from making voluntary political
10contributions in conjunction with his or her fair share
11payment.
12    (g-1) "Fire fighter" means, for the purposes of this Act
13only, any person who has been or is hereafter appointed to a
14fire department or fire protection district or employed by a
15state university and sworn or commissioned to perform fire
16fighter duties or paramedic duties, including paramedics
17employed by a unit of local government, except that the
18following persons are not included: part-time fire fighters,
19auxiliary, reserve or voluntary fire fighters, including paid
20on-call fire fighters, clerks and dispatchers or other
21civilian employees of a fire department or fire protection
22district who are not routinely expected to perform fire
23fighter duties, or elected officials.
24    (g-2) "General Assembly of the State of Illinois" means
25the legislative branch of the government of the State of
26Illinois, as provided for under Article IV of the Constitution

 

 

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1of the State of Illinois, and includes, but is not limited to,
2the House of Representatives, the Senate, the Speaker of the
3House of Representatives, the Minority Leader of the House of
4Representatives, the President of the Senate, the Minority
5Leader of the Senate, the Joint Committee on Legislative
6Support Services, and any legislative support services agency
7listed in the Legislative Commission Reorganization Act of
81984.
9    (h) "Governing body" means, in the case of the State, the
10State Panel of the Illinois Labor Relations Board, the
11Director of the Department of Central Management Services, and
12the Director of the Department of Labor; the county board in
13the case of a county; the corporate authorities in the case of
14a municipality; and the appropriate body authorized to provide
15for expenditures of its funds in the case of any other unit of
16government.
17    (i) "Labor organization" means any organization in which
18public employees participate and that exists for the purpose,
19in whole or in part, of dealing with a public employer
20concerning wages, hours, and other terms and conditions of
21employment, including the settlement of grievances.
22    (i-5) "Legislative liaison" means a person who is an
23employee of a State agency, the Attorney General, the
24Secretary of State, the Comptroller, or the Treasurer, as the
25case may be, and whose job duties require the person to
26regularly communicate in the course of his or her employment

 

 

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1with any official or staff of the General Assembly of the State
2of Illinois for the purpose of influencing any legislative
3action.
4    (j) "Managerial employee" means an individual who is
5engaged predominantly in executive and management functions
6and is charged with the responsibility of directing the
7effectuation of management policies and practices.
8Determination of managerial employee status shall be based on
9actual employee job duties and not solely on written job
10descriptions. With respect only to State employees in
11positions under the jurisdiction of the Attorney General,
12Secretary of State, Comptroller, or Treasurer (i) that were
13certified in a bargaining unit on or after December 2, 2008,
14(ii) for which a petition is filed with the Illinois Public
15Labor Relations Board on or after April 5, 2013 (the effective
16date of Public Act 97-1172), or (iii) for which a petition is
17pending before the Illinois Public Labor Relations Board on
18that date, "managerial employee" means an individual who is
19engaged in executive and management functions or who is
20charged with the effectuation of management policies and
21practices or who represents management interests by taking or
22recommending discretionary actions that effectively control or
23implement policy. Nothing in this definition prohibits an
24individual from also meeting the definition of "supervisor"
25under subsection (r) of this Section. Notwithstanding any
26other provision of this Act, beginning on the effective date

 

 

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1of this amendatory Act of the 104th General Assembly,
2"managerial employee" does not include Assistant State's
3Attorneys, Assistant Public Defenders, Assistant Appellate
4Defenders, Assistant Appellate Prosecutors, or attorneys in
5the office of the Cook County Public Guardian, so long as the
6duties and responsibilities performed by a given position do
7not otherwise establish those Assistant State's Attorneys,
8Assistant Public Defenders, Assistant Appellate Prosecutors,
9Assistant Appellate Defenders, or attorneys in the office of
10the Cook County Public Guardian as managerial employees as
11defined in this Act. Assistant State's Attorneys, Assistant
12Public Defenders, Assistant Appellate Prosecutors, Assistant
13Appellate Defenders, and attorneys in the office of the Cook
14County Public Guardian shall not be determined to be
15managerial employees as a matter of law.
16    (k) "Peace officer" means, for the purposes of this Act
17only, any persons who have been or are hereafter appointed to a
18police force, department, or agency and sworn or commissioned
19to perform police duties, except that the following persons
20are not included: part-time police officers, special police
21officers, auxiliary police as defined by Section 3.1-30-20 of
22the Illinois Municipal Code, night watchmen, "merchant
23police", court security officers as defined by Section
243-6012.1 of the Counties Code, temporary employees, traffic
25guards or wardens, civilian parking meter and parking
26facilities personnel or other individuals specially appointed

 

 

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1to aid or direct traffic at or near schools or public functions
2or to aid in civil defense or disaster, parking enforcement
3employees who are not commissioned as peace officers and who
4are not armed and who are not routinely expected to effect
5arrests, parking lot attendants, clerks and dispatchers or
6other civilian employees of a police department who are not
7routinely expected to effect arrests, or elected officials.
8    (l) "Person" includes one or more individuals, labor
9organizations, public employees, associations, corporations,
10legal representatives, trustees, trustees in bankruptcy,
11receivers, or the State of Illinois or any political
12subdivision of the State or governing body, but does not
13include the General Assembly of the State of Illinois or any
14individual employed by the General Assembly of the State of
15Illinois.
16    (m) "Professional employee" means any employee engaged in
17work predominantly intellectual and varied in character rather
18than routine mental, manual, mechanical or physical work;
19involving the consistent exercise of discretion and adjustment
20in its performance; of such a character that the output
21produced or the result accomplished cannot be standardized in
22relation to a given period of time; and requiring advanced
23knowledge in a field of science or learning customarily
24acquired by a prolonged course of specialized intellectual
25instruction and study in an institution of higher learning or
26a hospital, as distinguished from a general academic education

 

 

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1or from apprenticeship or from training in the performance of
2routine mental, manual, or physical processes; or any employee
3who has completed the courses of specialized intellectual
4instruction and study prescribed in this subsection (m) and is
5performing related work under the supervision of a
6professional person to qualify to become a professional
7employee as defined in this subsection (m).
8    (n) "Public employee" or "employee", for the purposes of
9this Act, means any individual employed by a public employer,
10including (i) interns and residents at public hospitals, (ii)
11as of July 16, 2003 (the effective date of Public Act 93-204),
12but not before, personal assistants working under the Home
13Services Program under Section 3 of the Rehabilitation of
14Persons with Disabilities Act, subject to the limitations set
15forth in this Act and in the Rehabilitation of Persons with
16Disabilities Act, (iii) as of January 1, 2006 (the effective
17date of Public Act 94-320), but not before, child and day care
18home providers participating in the child care assistance
19program under Section 9A-11 of the Illinois Public Aid Code,
20subject to the limitations set forth in this Act and in Section
219A-11 of the Illinois Public Aid Code, (iv) as of January 29,
222013 (the effective date of Public Act 97-1158), but not
23before except as otherwise provided in this subsection (n),
24home 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, no
2matter whether the State provides those services through
3direct fee-for-service arrangements, with the assistance of a
4managed care organization or other intermediary, or otherwise,
5(v) beginning on July 19, 2013 (the effective date of Public
6Act 98-100) and notwithstanding any other provision of this
7Act, any person employed by a public employer and who is
8classified as or who holds the employment title of Chief
9Stationary Engineer, Assistant Chief Stationary Engineer,
10Sewage Plant Operator, Water Plant Operator, Stationary
11Engineer, Plant Operating Engineer, and any other employee who
12holds the position of: Civil Engineer V, Civil Engineer VI,
13Civil Engineer VII, Technical Manager I, Technical Manager II,
14Technical Manager III, Technical Manager IV, Technical Manager
15V, Technical Manager VI, Realty Specialist III, Realty
16Specialist IV, Realty Specialist V, Technical Advisor I,
17Technical Advisor II, Technical Advisor III, Technical Advisor
18IV, or Technical Advisor V employed by the Department of
19Transportation who is in a position which is certified in a
20bargaining unit on or before July 19, 2013 (the effective date
21of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
22effective date of Public Act 98-100) and notwithstanding any
23other provision of this Act, any mental health administrator
24in the Department of Corrections who is classified as or who
25holds the position of Public Service Administrator (Option
268K), any employee of the Office of the Inspector General in the

 

 

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1Department of Human Services who is classified as or who holds
2the position of Public Service Administrator (Option 7), any
3Deputy of Intelligence in the Department of Corrections who is
4classified as or who holds the position of Public Service
5Administrator (Option 7), and any employee of the Illinois
6State Police who handles issues concerning the Illinois State
7Police Sex Offender Registry and who is classified as or holds
8the position of Public Service Administrator (Option 7), but
9excluding all of the following: employees of the General
10Assembly of the State of Illinois; elected officials;
11executive heads of a department; members of boards or
12commissions; the Executive Inspectors General; any special
13Executive Inspectors General; employees of each Office of an
14Executive Inspector General; commissioners and employees of
15the Executive Ethics Commission; the Auditor General's
16Inspector General; employees of the Office of the Auditor
17General's Inspector General; the Legislative Inspector
18General; any special Legislative Inspectors General; employees
19of the Office of the Legislative Inspector General;
20commissioners and employees of the Legislative Ethics
21Commission; employees of any agency, board or commission
22created by this Act; employees appointed to State positions of
23a temporary or emergency nature; all employees of school
24districts and higher education institutions except
25firefighters and peace officers employed by a state university
26and except peace officers employed by a school district in its

 

 

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1own police department in existence on July 23, 2010 (the
2effective date of Public Act 96-1257); managerial employees;
3short-term employees; legislative liaisons; a person who is a
4State employee under the jurisdiction of the Office of the
5Attorney General who is licensed to practice law or whose
6position authorizes, either directly or indirectly, meaningful
7input into government decision-making on issues where there is
8room for principled disagreement on goals or their
9implementation; a person who is a State employee under the
10jurisdiction of the Office of the Comptroller who holds the
11position of Public Service Administrator or whose position is
12otherwise exempt under the Comptroller Merit Employment Code;
13a person who is a State employee under the jurisdiction of the
14Secretary of State who holds the position classification of
15Executive I or higher, whose position authorizes, either
16directly or indirectly, meaningful input into government
17decision-making on issues where there is room for principled
18disagreement on goals or their implementation, or who is
19otherwise exempt under the Secretary of State Merit Employment
20Code; employees in the Office of the Secretary of State who are
21completely exempt from jurisdiction B of the Secretary of
22State Merit Employment Code and who are in Rutan-exempt
23positions on or after April 5, 2013 (the effective date of
24Public Act 97-1172); a person who is a State employee under the
25jurisdiction of the Treasurer who holds a position that is
26exempt from the State Treasurer Employment Code; any employee

 

 

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1of a State agency who (i) holds the title or position of, or
2exercises substantially similar duties as a legislative
3liaison, Agency General Counsel, Agency Chief of Staff, Agency
4Executive Director, Agency Deputy Director, Agency Chief
5Fiscal Officer, Agency Human Resources Director, Public
6Information Officer, or Chief Information Officer and (ii) was
7neither included in a bargaining unit nor subject to an active
8petition for certification in a bargaining unit; any employee
9of a State agency who (i) is in a position that is
10Rutan-exempt, as designated by the employer, and completely
11exempt from jurisdiction B of the Personnel Code and (ii) was
12neither included in a bargaining unit nor subject to an active
13petition for certification in a bargaining unit; any term
14appointed employee of a State agency pursuant to Section 8b.18
15or 8b.19 of the Personnel Code who was neither included in a
16bargaining unit nor subject to an active petition for
17certification in a bargaining unit; any employment position
18properly designated pursuant to Section 6.1 of this Act;
19confidential employees; independent contractors; and
20supervisors except as provided in this Act.
21    Home care and home health workers who function as personal
22assistants and individual maintenance home health workers and
23who also work under the Home Services Program under Section 3
24of the Rehabilitation of Persons with Disabilities Act shall
25not be considered public employees for any purposes not
26specifically provided for in Public Act 93-204 or Public Act

 

 

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197-1158, including, but not limited to, purposes of vicarious
2liability in tort and purposes of statutory retirement or
3health insurance benefits. Home care and home health workers
4who function as personal assistants and individual maintenance
5home health workers and who also work under the Home Services
6Program under Section 3 of the Rehabilitation of Persons with
7Disabilities Act shall not be covered by the State Employees
8Group Insurance Act of 1971.
9    Child and day care home providers shall not be considered
10public employees for any purposes not specifically provided
11for in Public Act 94-320, including, but not limited to,
12purposes of vicarious liability in tort and purposes of
13statutory retirement or health insurance benefits. Child and
14day care home providers shall not be covered by the State
15Employees Group Insurance Act of 1971.
16    Notwithstanding Section 9, subsection (c), or any other
17provisions of this Act, all peace officers above the rank of
18captain in municipalities with more than 1,000,000 inhabitants
19shall be excluded from this Act.
20    (o) Except as otherwise in subsection (o-5), "public
21employer" or "employer" means the State of Illinois; any
22political subdivision of the State, unit of local government
23or school district; authorities including departments,
24divisions, bureaus, boards, commissions, or other agencies of
25the foregoing entities; and any person acting within the scope
26of his or her authority, express or implied, on behalf of those

 

 

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1entities in dealing with its employees. As of July 16, 2003
2(the effective date of Public Act 93-204), but not before, the
3State of Illinois shall be considered the employer of the
4personal assistants working under the Home Services Program
5under Section 3 of the Rehabilitation of Persons with
6Disabilities Act, subject to the limitations set forth in this
7Act and in the Rehabilitation of Persons with Disabilities
8Act. As of January 29, 2013 (the effective date of Public Act
997-1158), but not before except as otherwise provided in this
10subsection (o), the State shall be considered the employer of
11home care and home health workers who function as personal
12assistants and individual maintenance home health workers and
13who also work under the Home Services Program under Section 3
14of the Rehabilitation of Persons with Disabilities Act, no
15matter whether the State provides those services through
16direct fee-for-service arrangements, with the assistance of a
17managed care organization or other intermediary, or otherwise,
18but subject to the limitations set forth in this Act and the
19Rehabilitation of Persons with Disabilities Act. The State
20shall not be considered to be the employer of home care and
21home health workers who function as personal assistants and
22individual maintenance home health workers and who also work
23under the Home Services Program under Section 3 of the
24Rehabilitation of Persons with Disabilities Act, for any
25purposes not specifically provided for in Public Act 93-204 or
26Public Act 97-1158, including but not limited to, purposes of

 

 

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1vicarious liability in tort and purposes of statutory
2retirement or health insurance benefits. Home care and home
3health workers who function as personal assistants and
4individual maintenance home health workers and who also work
5under the Home Services Program under Section 3 of the
6Rehabilitation of Persons with Disabilities Act shall not be
7covered by the State Employees Group Insurance Act of 1971. As
8of January 1, 2006 (the effective date of Public Act 94-320),
9but not before, the State of Illinois shall be considered the
10employer of the day and child care home providers
11participating in the child care assistance program under
12Section 9A-11 of the Illinois Public Aid Code, subject to the
13limitations set forth in this Act and in Section 9A-11 of the
14Illinois Public Aid Code. The State shall not be considered to
15be the employer of child and day care home providers for any
16purposes not specifically provided for in Public Act 94-320,
17including, but not limited to, purposes of vicarious liability
18in tort and purposes of statutory retirement or health
19insurance benefits. Child and day care home providers shall
20not be covered by the State Employees Group Insurance Act of
211971.
22    "Public employer" or "employer" as used in this Act,
23however, does not mean and shall not include the General
24Assembly of the State of Illinois, the Executive Ethics
25Commission, the Offices of the Executive Inspectors General,
26the Legislative Ethics Commission, the Office of the

 

 

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1Legislative Inspector General, the Office of the Auditor
2General's Inspector General, the Office of the Governor, the
3Governor's Office of Management and Budget, the Illinois
4Finance Authority, the Office of the Lieutenant Governor, the
5State Board of Elections, and educational employers or
6employers as defined in the Illinois Educational Labor
7Relations Act, except with respect to a state university in
8its employment of firefighters and peace officers and except
9with respect to a school district in the employment of peace
10officers in its own police department in existence on July 23,
112010 (the effective date of Public Act 96-1257). County boards
12and county sheriffs shall be designated as joint or
13co-employers of county peace officers appointed under the
14authority of a county sheriff. Nothing in this subsection (o)
15shall be construed to prevent the State Panel or the Local
16Panel from determining that employers are joint or
17co-employers.
18    (o-5) With respect to wages, fringe benefits, hours,
19holidays, vacations, proficiency examinations, sick leave, and
20other conditions of employment, the public employer of public
21employees who are court reporters, as defined in the Court
22Reporters Act, shall be determined as follows:
23        (1) For court reporters employed by the Cook County
24    Judicial Circuit, the chief judge of the Cook County
25    Circuit Court is the public employer and employer
26    representative.

 

 

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

 

 

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

 

 

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

 

 

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1    2008, (ii) for which a petition is filed with the Illinois
2    Public Labor Relations Board on or after April 5, 2013
3    (the effective date of Public Act 97-1172), or (iii) for
4    which a petition is pending before the Illinois Public
5    Labor Relations Board on that date, an employee who
6    qualifies as a supervisor under (A) Section 152 of the
7    National Labor Relations Act and (B) orders of the
8    National Labor Relations Board interpreting that provision
9    or decisions of courts reviewing decisions of the National
10    Labor Relations Board.
11    (s)(1) "Unit" means a class of jobs or positions that are
12held by employees whose collective interests may suitably be
13represented by a labor organization for collective bargaining.
14Except 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, a bargaining unit determined by the Board shall
18not include both employees and supervisors, or supervisors
19only, except as provided in paragraph (2) of this subsection
20(s) and except for bargaining units in existence on July 1,
211984 (the effective date of this Act). With respect to
22non-State fire fighters and paramedics employed by fire
23departments and fire protection districts, non-State peace
24officers, and peace officers in the Illinois State Police, a
25bargaining unit determined by the Board shall not include both
26supervisors and nonsupervisors, or supervisors only, except as

 

 

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1provided in paragraph (2) of this subsection (s) and except
2for bargaining units in existence on January 1, 1986 (the
3effective date of this amendatory Act of 1985). A bargaining
4unit determined by the Board to contain peace officers shall
5contain no employees other than peace officers unless
6otherwise agreed to by the employer and the labor organization
7or labor organizations involved. Notwithstanding any other
8provision of this Act, a bargaining unit, including a
9historical bargaining unit, containing sworn peace officers of
10the Department of Natural Resources (formerly designated the
11Department of Conservation) shall contain no employees other
12than such sworn peace officers upon the effective date of this
13amendatory Act of 1990 or upon the expiration date of any
14collective bargaining agreement in effect upon the effective
15date of this amendatory Act of 1990 covering both such sworn
16peace officers and other employees.
17    (2) Notwithstanding the exclusion of supervisors from
18bargaining units as provided in paragraph (1) of this
19subsection (s), a public employer may agree to permit its
20supervisory employees to form bargaining units and may bargain
21with those units. This Act shall apply if the public employer
22chooses to bargain under this subsection.
23    (3) Public employees who are court reporters, as defined
24in the Court Reporters Act, shall be divided into 3 units for
25collective bargaining purposes. One unit shall be court
26reporters employed by the Cook County Judicial Circuit; one

 

 

10400HB2973ham001- 24 -LRB104 08978 BDA 23149 a

1unit shall be court reporters employed by the 12th, 18th,
219th, and, on and after December 4, 2006, the 22nd judicial
3circuits; and one unit shall be court reporters employed by
4all other judicial circuits.
5    (t) "Active petition for certification in a bargaining
6unit" means a petition for certification filed with the Board
7under one of the following case numbers: S-RC-11-110;
8S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
9S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
10S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
11S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
12S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
13S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
14S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
15S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
16S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
17S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
18S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
19S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
20S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
21S-RC-07-100.
22(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
23102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.
246-30-23.)
 
25    Section 99. Effective date. This Act takes effect December

 

 

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11, 2026.".