093_HB3396enr
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1 AN ACT concerning labor relations.
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 9 as follows:
6 (5 ILCS 315/9) (from Ch. 48, par. 1609)
7 Sec. 9. Elections; recognition.
8 (a) Whenever in accordance with such regulations as may
9 be prescribed by the Board a petition has been filed:
10 (1) by a public employee or group of public
11 employees or any labor organization acting in their
12 behalf demonstrating that 30% of the public employees in
13 an appropriate unit (A) wish to be represented for the
14 purposes of collective bargaining by a labor
15 organization as exclusive representative, or (B)
16 asserting that the labor organization which has been
17 certified or is currently recognized by the public
18 employer as bargaining representative is no longer the
19 representative of the majority of public employees in the
20 unit; or
21 (2) by a public employer alleging that one or more
22 labor organizations have presented to it a claim that
23 they be recognized as the representative of a majority of
24 the public employees in an appropriate unit,
25 the Board shall investigate such petition, and if it has
26 reasonable cause to believe that a question of representation
27 exists, shall provide for an appropriate hearing upon due
28 notice. Such hearing shall be held at the offices of the
29 Board or such other location as the Board deems appropriate.
30 If it finds upon the record of the hearing that a question of
31 representation exists, it shall direct an election in
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1 accordance with subsection (d) of this Section, which
2 election shall be held not later than 120 days after the date
3 the petition was filed regardless of whether that petition
4 was filed before or after the effective date of this
5 amendatory Act of 1987; provided, however, the Board may
6 extend the time for holding an election by an additional 60
7 days if, upon motion by a person who has filed a petition
8 under this Section or is the subject of a petition filed
9 under this Section and is a party to such hearing, or upon
10 the Board's own motion, the Board finds that good cause has
11 been shown for extending the election date; provided further,
12 that nothing in this Section shall prohibit the Board, in its
13 discretion, from extending the time for holding an election
14 for so long as may be necessary under the circumstances,
15 where the purpose for such extension is to permit resolution
16 by the Board of an unfair labor practice charge filed by one
17 of the parties to a representational proceeding against the
18 other based upon conduct which may either affect the
19 existence of a question concerning representation or have a
20 tendency to interfere with a fair and free election, where
21 the party filing the charge has not filed a request to
22 proceed with the election; and provided further that prior to
23 the expiration of the total time allotted for holding an
24 election, a person who has filed a petition under this
25 Section or is the subject of a petition filed under this
26 Section and is a party to such hearing or the Board, may move
27 for and obtain the entry of an order in the circuit court of
28 the county in which the majority of the public employees
29 sought to be represented by such person reside, such order
30 extending the date upon which the election shall be held.
31 Such order shall be issued by the circuit court only upon a
32 judicial finding that there has been a sufficient showing
33 that there is good cause to extend the election date beyond
34 such period and shall require the Board to hold the election
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1 as soon as is feasible given the totality of the
2 circumstances. Such 120 day period may be extended one or
3 more times by the agreement of all parties to the hearing to
4 a date certain without the necessity of obtaining a court
5 order. Nothing in this Section prohibits the waiving of
6 hearings by stipulation for the purpose of a consent election
7 in conformity with the rules and regulations of the Board or
8 an election in a unit agreed upon by the parties. Other
9 interested employee organizations may intervene in the
10 proceedings in the manner and within the time period
11 specified by rules and regulations of the Board. Interested
12 parties who are necessary to the proceedings may also
13 intervene in the proceedings in the manner and within the
14 time period specified by the rules and regulations of the
15 Board.
16 (a-5) The Board shall designate an exclusive
17 representative for purposes of collective bargaining when the
18 representative demonstrates a showing of majority interest by
19 employees in the unit. If the parties to a dispute are
20 without agreement on the means to ascertain the choice, if
21 any, of employee organization as their representative, the
22 Board shall ascertain the employees' choice of employee
23 organization, on the basis of dues deduction authorization
24 and other evidence, or, if necessary, by conducting an
25 election. If either party provides to the Board, before the
26 designation of a representative, clear and convincing
27 evidence that the dues deduction authorizations, and other
28 evidence upon which the Board would otherwise rely to
29 ascertain the employees' choice of representative, are
30 fraudulent or were obtained through coercion, the Board shall
31 promptly thereafter conduct an election. The Board shall also
32 investigate and consider a party's allegations that the dues
33 deduction authorizations and other evidence submitted in
34 support of a designation of representative without an
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1 election were subsequently changed, altered, withdrawn, or
2 withheld as a result of employer fraud, coercion, or any
3 other unfair labor practice by the employer. If the Board
4 determines that a labor organization would have had a
5 majority interest but for an employer's fraud, coercion, or
6 unfair labor practice, it shall designate the labor
7 organization as an exclusive representative without
8 conducting an election.
9 (b) The Board shall decide in each case, in order to
10 assure public employees the fullest freedom in exercising the
11 rights guaranteed by this Act, a unit appropriate for the
12 purpose of collective bargaining, based upon but not limited
13 to such factors as: historical pattern of recognition;
14 community of interest including employee skills and
15 functions; degree of functional integration;
16 interchangeability and contact among employees; fragmentation
17 of employee groups; common supervision, wages, hours and
18 other working conditions of the employees involved; and the
19 desires of the employees. For purposes of this subsection,
20 fragmentation shall not be the sole or predominant factor
21 used by the Board in determining an appropriate bargaining
22 unit. Except with respect to non-State fire fighters and
23 paramedics employed by fire departments and fire protection
24 districts, non-State peace officers and peace officers in the
25 State Department of State Police, a single bargaining unit
26 determined by the Board may not include both supervisors and
27 nonsupervisors, except for bargaining units in existence on
28 the effective date of this Act. With respect to non-State
29 fire fighters and paramedics employed by fire departments and
30 fire protection districts, non-State peace officers and peace
31 officers in the State Department of State Police, a single
32 bargaining unit determined by the Board may not include both
33 supervisors and nonsupervisors, except for bargaining units
34 in existence on the effective date of this amendatory Act of
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1 1985.
2 In cases involving an historical pattern of recognition,
3 and in cases where the employer has recognized the union as
4 the sole and exclusive bargaining agent for a specified
5 existing unit, the Board shall find the employees in the unit
6 then represented by the union pursuant to the recognition to
7 be the appropriate unit.
8 Notwithstanding the above factors, where the majority of
9 public employees of a craft so decide, the Board shall
10 designate such craft as a unit appropriate for the purposes
11 of collective bargaining.
12 The Board shall not decide that any unit is appropriate
13 if such unit includes both professional and nonprofessional
14 employees, unless a majority of each group votes for
15 inclusion in such unit.
16 (c) Nothing in this Act shall interfere with or negate
17 the current representation rights or patterns and practices
18 of labor organizations which have historically represented
19 public employees for the purpose of collective bargaining,
20 including but not limited to the negotiations of wages, hours
21 and working conditions, discussions of employees' grievances,
22 resolution of jurisdictional disputes, or the establishment
23 and maintenance of prevailing wage rates, unless a majority
24 of employees so represented express a contrary desire
25 pursuant to the procedures set forth in this Act.
26 (d) In instances where the employer does not voluntarily
27 recognize a labor organization as the exclusive bargaining
28 representative for a unit of employees, the Board shall
29 determine the majority representative of the public employees
30 in an appropriate collective bargaining unit by conducting a
31 secret ballot election, except as otherwise provided in
32 subsection (a-5). Within 7 days after the Board issues its
33 bargaining unit determination and direction of election or
34 the execution of a stipulation for the purpose of a consent
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1 election, the public employer shall submit to the labor
2 organization the complete names and addresses of those
3 employees who are determined by the Board to be eligible to
4 participate in the election. When the Board has determined
5 that a labor organization has been fairly and freely chosen
6 by a majority of employees in an appropriate unit, it shall
7 certify such organization as the exclusive representative.
8 If the Board determines that a majority of employees in an
9 appropriate unit has fairly and freely chosen not to be
10 represented by a labor organization, it shall so certify. The
11 Board may also revoke the certification of the public
12 employee organizations as exclusive bargaining
13 representatives which have been found by a secret ballot
14 election to be no longer the majority representative.
15 (e) The Board shall not conduct an election in any
16 bargaining unit or any subdivision thereof within which a
17 valid election has been held in the preceding 12-month
18 period. The Board shall determine who is eligible to vote in
19 an election and shall establish rules governing the conduct
20 of the election or conduct affecting the results of the
21 election. The Board shall include on a ballot in a
22 representation election a choice of "no representation". A
23 labor organization currently representing the bargaining unit
24 of employees shall be placed on the ballot in any
25 representation election. In any election where none of the
26 choices on the ballot receives a majority, a runoff election
27 shall be conducted between the 2 choices receiving the
28 largest number of valid votes cast in the election. A labor
29 organization which receives a majority of the votes cast in
30 an election shall be certified by the Board as exclusive
31 representative of all public employees in the unit.
32 (f) Nothing in this or any other Act prohibits
33 recognition of A labor organization shall be designated as
34 the exclusive representative by a public employer by mutual
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1 consent of the employer and the labor organization, provided
2 that the labor organization represents a majority of the
3 public employees in an appropriate unit. Any employee
4 organization which is designated or selected by the majority
5 of public employees, in a unit of the public employer having
6 no other recognized or certified representative, as their
7 representative for purposes of collective bargaining may
8 request recognition by the public employer in writing. The
9 public employer shall post such request for a period of at
10 least 20 days following its receipt thereof on bulletin
11 boards or other places used or reserved for employee notices.
12 (g) Within the 20-day period any other interested
13 employee organization may petition the Board in the manner
14 specified by rules and regulations of the Board, provided
15 that such interested employee organization has been
16 designated by at least 10% of the employees in an appropriate
17 bargaining unit which includes all or some of the employees
18 in the unit recognized by the employer. In such event, the
19 Board shall proceed with the petition in the same manner as
20 provided by paragraph (1) of subsection (a) of this Section.
21 (h) No election shall be directed by the Board in any
22 bargaining unit where there is in force a valid collective
23 bargaining agreement. The Board, however, may process an
24 election petition filed between 90 and 60 days prior to the
25 expiration of the date of an agreement, and may further
26 refine, by rule or decision, the implementation of this
27 provision. No collective bargaining agreement bars an
28 election upon the petition of persons not parties thereto
29 where more than 3 years have elapsed since the effective date
30 of the agreement.
31 (i) An order of the Board dismissing a representation
32 petition, determining and certifying that a labor
33 organization has been fairly and freely chosen by a majority
34 of employees in an appropriate bargaining unit, determining
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1 and certifying that a labor organization has not been fairly
2 and freely chosen by a majority of employees in the
3 bargaining unit or certifying a labor organization as the
4 exclusive representative of employees in an appropriate
5 bargaining unit because of a determination by the Board that
6 the labor organization is the historical bargaining
7 representative of employees in the bargaining unit, is a
8 final order. Any person aggrieved by any such order issued
9 on or after the effective date of this amendatory Act of 1987
10 may apply for and obtain judicial review in accordance with
11 provisions of the Administrative Review Law, as now or
12 hereafter amended, except that such review shall be afforded
13 directly in the Appellate Court for the district in which the
14 aggrieved party resides or transacts business. Any direct
15 appeal to the Appellate Court shall be filed within 35 days
16 from the date that a copy of the decision sought to be
17 reviewed was served upon the party affected by the decision.
18 (Source: P.A. 87-736; 88-1.)
19 Section 10. The Illinois Educational Labor Relations Act
20 is amended by changing Section 7 as follows:
21 (115 ILCS 5/7) (from Ch. 48, par. 1707)
22 Sec. 7. Recognition of exclusive bargaining
23 representatives - unit determination. The Board is empowered
24 to administer the recognition of bargaining representatives
25 of employees of public school districts, including employees
26 of districts which have entered into joint agreements, or
27 employees of public community college districts, or any State
28 college or university, and any State agency whose major
29 function is providing educational services, making certain
30 that each bargaining unit contains employees with an
31 identifiable community of interest and that no unit includes
32 both professional employees and nonprofessional employees
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1 unless a majority of employees in each group vote for
2 inclusion in the unit.
3 (a) In determining the appropriateness of a unit, the
4 Board shall decide in each case, in order to ensure employees
5 the fullest freedom in exercising the rights guaranteed by
6 this Act, the unit appropriate for the purpose of collective
7 bargaining, based upon but not limited to such factors as
8 historical pattern of recognition, community of interest,
9 including employee skills and functions, degree of functional
10 integration, interchangeability and contact among employees,
11 common supervision, wages, hours and other working conditions
12 of the employees involved, and the desires of the employees.
13 Nothing in this Act, except as herein provided, shall
14 interfere with or negate the current representation rights or
15 patterns and practices of employee organizations which have
16 historically represented employees for the purposes of
17 collective bargaining, including but not limited to the
18 negotiations of wages, hours and working conditions,
19 resolutions of employees' grievances, or resolution of
20 jurisdictional disputes, or the establishment and maintenance
21 of prevailing wage rates, unless a majority of the employees
22 so represented expresses a contrary desire under the
23 procedures set forth in this Act. This Section, however,
24 does not prohibit multi-unit bargaining. Notwithstanding the
25 above factors, where the majority of public employees of a
26 craft so decide, the Board shall designate such craft as a
27 unit appropriate for the purposes of collective bargaining.
28 The sole appropriate bargaining unit for academic faculty
29 at the University of Illinois shall be a unit that is
30 comprised of non-supervisory academic faculty employed more
31 than half-time and that includes all tenured, tenure-track,
32 and nontenure-track faculty employed by the board of trustees
33 of that University in all of its undergraduate, graduate, and
34 professional schools and degree and non-degree programs,
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1 regardless of current or historical representation rights or
2 patterns or the application of any other factors. Any
3 decision, rule, or regulation, promulgated by the Board to
4 the contrary shall be null and void.
5 (b) An educational employer shall may voluntarily
6 recognize a labor organization for collective bargaining
7 purposes if that organization appears to represent a majority
8 of employees in the unit. The employer shall post notice of
9 its intent to so recognize for a period of at least 20 school
10 days on bulletin boards or other places used or reserved for
11 employee notices. Thereafter, the employer, if satisfied as
12 to the majority status of the employee organization, shall
13 send written notification of such recognition to the Board
14 for certification. Any dispute regarding the majority status
15 of a labor organization shall be resolved by the Board which
16 shall make the determination of majority status.
17 Within the 20 day notice period, however, any other
18 interested employee organization may petition the Board to
19 seek recognition as the exclusive representative of the unit
20 in the manner specified by rules and regulations prescribed
21 by the Board, if such interested employee organization has
22 been designated by at least 15% of the employees in an
23 appropriate bargaining unit which includes all or some of the
24 employees in the unit intended to be recognized by the
25 employer. In such event, the Board shall proceed with the
26 petition in the same manner as provided in paragraph (c) of
27 this Section.
28 (c) A labor organization may also gain recognition as
29 the exclusive representative by an election of the employees
30 in the unit. Petitions requesting an election may be filed
31 with the Board:
32 (1) by an employee or group of employees or any
33 labor organizations acting on their behalf alleging and
34 presenting evidence that 30% or more of the employees in
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1 a bargaining unit wish to be represented for collective
2 bargaining or that the labor organization which has been
3 acting as the exclusive bargaining representative is no
4 longer representative of a majority of the employees in
5 the unit; or
6 (2) by an employer alleging that one or more labor
7 organizations have presented a claim to be recognized as
8 an exclusive bargaining representative of a majority of
9 the employees in an appropriate unit and that it doubts
10 the majority status of any of the organizations or that
11 it doubts the majority status of an exclusive bargaining
12 representative.
13 The Board shall investigate the petition and if it has
14 reasonable cause to suspect that a question of representation
15 exists, it shall give notice and conduct a hearing. If it
16 finds upon the record of the hearing that a question of
17 representation exists, it shall direct an election, which
18 shall be held no later than 90 days after the date the
19 petition was filed. Nothing prohibits the waiving of
20 hearings by the parties and the conduct of consent elections.
21 (c-5) The Board shall designate an exclusive
22 representative for purposes of collective bargaining when the
23 representative demonstrates a showing of majority interest by
24 employees in the unit. If the parties to a dispute are
25 without agreement on the means to ascertain the choice, if
26 any, of employee organization as their representative, the
27 Board shall ascertain the employees' choice of employee
28 organization, on the basis of dues deduction authorization
29 and other evidence, or, if necessary, by conducting an
30 election. If either party provides to the Board, before the
31 designation of a representative, clear and convincing
32 evidence that the dues deduction authorizations, and other
33 evidence upon which the Board would otherwise rely to
34 ascertain the employees' choice of representative, are
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1 fraudulent or were obtained through coercion, the Board shall
2 promptly thereafter conduct an election. The Board shall also
3 investigate and consider a party's allegations that the dues
4 deduction authorizations and other evidence submitted in
5 support of a designation of representative without an
6 election were subsequently changed, altered, withdrawn, or
7 withheld as a result of employer fraud, coercion, or any
8 other unfair labor practice by the employer. If the Board
9 determines that a labor organization would have had a
10 majority interest but for an employer's fraud, coercion, or
11 unfair labor practice, it shall designate the labor
12 organization as an exclusive representative without
13 conducting an election.
14 (d) An order of the Board dismissing a representation
15 petition, determining and certifying that a labor
16 organization has been fairly and freely chosen by a majority
17 of employees in an appropriate bargaining unit, determining
18 and certifying that a labor organization has not been fairly
19 and freely chosen by a majority of employees in the
20 bargaining unit or certifying a labor organization as the
21 exclusive representative of employees in an appropriate
22 bargaining unit because of a determination by the Board that
23 the labor organization is the historical bargaining
24 representative of employees in the bargaining unit, is a
25 final order. Any person aggrieved by any such order issued
26 on or after the effective date of this amendatory Act of 1987
27 may apply for and obtain judicial review in accordance with
28 provisions of the Administrative Review Law, as now or
29 hereafter amended, except that such review shall be afforded
30 directly in the Appellate Court of a judicial district in
31 which the Board maintains an office. Any direct appeal to the
32 Appellate Court shall be filed within 35 days from the date
33 that a copy of the decision sought to be reviewed was served
34 upon the party affected by the decision.
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1 No election may be conducted in any bargaining unit
2 during the term of a collective bargaining agreement covering
3 such unit or subdivision thereof, except the Board may direct
4 an election after the filing of a petition between January 15
5 and March 1 of the final year of a collective bargaining
6 agreement. Nothing in this Section prohibits the negotiation
7 of a collective bargaining agreement covering a period not
8 exceeding 3 years. A collective bargaining agreement of less
9 than 3 years may be extended up to 3 years by the parties if
10 the extension is agreed to in writing before the filing of a
11 petition under this Section. In such case, the final year of
12 the extension is the final year of the collective bargaining
13 agreement. No election may be conducted in a bargaining
14 unit, or subdivision thereof, in which a valid election has
15 been held within the preceding 12 month period.
16 (Source: P.A. 88-1; 89-4, eff. 7-1-95 (eff. date changed from
17 1-1-96 by P.A. 89-24).)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.