100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4598

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 345/1  from Ch. 70, par. 91

    Amends the Illinois Public Labor Relations Act. Modifies the definition of "fire fighter" in the Act to include paramedics employed by a unit of local government. Amends the Public Employee Disability Act. Provides that the term "eligible employee" as used in the Act includes firefighters employed as paramedics or who perform paramedic duties.


LRB100 18070 RJF 33262 b

 

 

A BILL FOR

 

HB4598LRB100 18070 RJF 33262 b

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

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal assistants under Executive Order
262003-8 prior to the effective date of this amendatory Act of

 

 

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1the 93rd General Assembly, and the organization shall be
2considered to be the exclusive representative of the personal
3assistants as defined in this Section; or (v) recognized as the
4exclusive representative of child and day care home providers,
5including licensed and license exempt providers, pursuant to an
6election held under Executive Order 2005-1 prior to the
7effective date of this amendatory Act of the 94th General
8Assembly, and the organization shall be considered to be the
9exclusive representative of the child and day care home
10providers as defined in this Section.
11    With respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Department
14of State Police, "exclusive representative" means the labor
15organization that has been (i) designated by the Board as the
16representative of a majority of peace officers or fire fighters
17in an appropriate bargaining unit in accordance with the
18procedures contained in this Act, (ii) historically recognized
19by the State of Illinois or any political subdivision of the
20State before January 1, 1986 (the effective date of this
21amendatory Act of 1985) as the exclusive representative by a
22majority of the peace officers or fire fighters in an
23appropriate bargaining unit, or (iii) after January 1, 1986
24(the effective date of this amendatory Act of 1985) recognized
25by an employer upon evidence, acceptable to the Board, that the
26labor organization has been designated as the exclusive

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit.
3    Where a historical pattern of representation exists for the
4workers of a water system that was owned by a public utility,
5as defined in Section 3-105 of the Public Utilities Act, prior
6to becoming certified employees of a municipality or
7municipalities once the municipality or municipalities have
8acquired the water system as authorized in Section 11-124-5 of
9the Illinois Municipal Code, the Board shall find the labor
10organization that has historically represented the workers to
11be the exclusive representative under this Act, and shall find
12the unit represented by the exclusive representative to be the
13appropriate unit.
14    (g) "Fair share agreement" means an agreement between the
15employer and an employee organization under which all or any of
16the employees in a collective bargaining unit are required to
17pay their proportionate share of the costs of the collective
18bargaining process, contract administration, and pursuing
19matters affecting wages, hours, and other conditions of
20employment, but not to exceed the amount of dues uniformly
21required of members. The amount certified by the exclusive
22representative shall not include any fees for contributions
23related to the election or support of any candidate for
24political office. Nothing in this subsection (g) shall preclude
25an employee from making voluntary political contributions in
26conjunction with his or her fair share payment.

 

 

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1    (g-1) "Fire fighter" means, for the purposes of this Act
2only, any person who has been or is hereafter appointed to a
3fire department or fire protection district or employed by a
4state university and sworn or commissioned to perform fire
5fighter duties or paramedic duties, including paramedics
6employed by a unit of local government, except that the
7following persons are not included: part-time fire fighters,
8auxiliary, reserve or voluntary fire fighters, including paid
9on-call fire fighters, clerks and dispatchers or other civilian
10employees of a fire department or fire protection district who
11are not routinely expected to perform fire fighter duties, or
12elected officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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1Director of the Department of Labor; the county board in the
2case of a county; the corporate authorities in the case of a
3municipality; and the appropriate body authorized to provide
4for expenditures of its funds in the case of any other unit of
5government.
6    (i) "Labor organization" means any organization in which
7public employees participate and that exists for the purpose,
8in whole or in part, of dealing with a public employer
9concerning wages, hours, and other terms and conditions of
10employment, including the settlement of grievances.
11    (i-5) "Legislative liaison" means a person who is an
12employee of a State agency, the Attorney General, the Secretary
13of State, the Comptroller, or the Treasurer, as the case may
14be, and whose job duties require the person to regularly
15communicate in the course of his or her employment with any
16official or staff of the General Assembly of the State of
17Illinois for the purpose of influencing any legislative action.
18    (j) "Managerial employee" means an individual who is
19engaged predominantly in executive and management functions
20and is charged with the responsibility of directing the
21effectuation of management policies and practices. With
22respect only to State employees in positions under the
23jurisdiction of the Attorney General, Secretary of State,
24Comptroller, or Treasurer (i) that were certified in a
25bargaining unit on or after December 2, 2008, (ii) for which a
26petition is filed with the Illinois Public Labor Relations

 

 

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1Board on or after April 5, 2013 (the effective date of Public
2Act 97-1172), or (iii) for which a petition is pending before
3the Illinois Public Labor Relations Board on that date,
4"managerial employee" means an individual who is engaged in
5executive and management functions or who is charged with the
6effectuation of management policies and practices or who
7represents management interests by taking or recommending
8discretionary actions that effectively control or implement
9policy. Nothing in this definition prohibits an individual from
10also meeting the definition of "supervisor" under subsection
11(r) of this Section.
12    (k) "Peace officer" means, for the purposes of this Act
13only, any persons who have been or are hereafter appointed to a
14police force, department, or agency and sworn or commissioned
15to perform police duties, except that the following persons are
16not included: part-time police officers, special police
17officers, auxiliary police as defined by Section 3.1-30-20 of
18the Illinois Municipal Code, night watchmen, "merchant
19police", court security officers as defined by Section 3-6012.1
20of the Counties Code, temporary employees, traffic guards or
21wardens, civilian parking meter and parking facilities
22personnel or other individuals specially appointed to aid or
23direct traffic at or near schools or public functions or to aid
24in civil defense or disaster, parking enforcement employees who
25are not commissioned as peace officers and who are not armed
26and who are not routinely expected to effect arrests, parking

 

 

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

 

 

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1performing related work under the supervision of a professional
2person to qualify to become a professional employee as defined
3in this subsection (m).
4    (n) "Public employee" or "employee", for the purposes of
5this Act, means any individual employed by a public employer,
6including (i) interns and residents at public hospitals, (ii)
7as of the effective date of this amendatory Act of the 93rd
8General Assembly, but not before, personal assistants working
9under the Home Services Program under Section 3 of the
10Rehabilitation of Persons with Disabilities Act, subject to the
11limitations set forth in this Act and in the Rehabilitation of
12Persons with Disabilities Act, (iii) as of the effective date
13of this amendatory Act of the 94th General Assembly, but not
14before, child and day care home providers participating in the
15child care assistance program under Section 9A-11 of the
16Illinois Public Aid Code, subject to the limitations set forth
17in this Act and in Section 9A-11 of the Illinois Public Aid
18Code, (iv) as of January 29, 2013 (the effective date of Public
19Act 97-1158), but not before except as otherwise provided in
20this subsection (n), home care and home health workers who
21function as personal assistants and individual maintenance
22home health workers and who also work under the Home Services
23Program under Section 3 of the Rehabilitation of Persons with
24Disabilities Act, no matter whether the State provides those
25services through direct fee-for-service arrangements, with the
26assistance of a managed care organization or other

 

 

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1intermediary, or otherwise, (v) beginning on the effective date
2of this amendatory Act of the 98th General Assembly and
3notwithstanding any other provision of this Act, any person
4employed by a public employer and who is classified as or who
5holds the employment title of Chief Stationary Engineer,
6Assistant Chief Stationary Engineer, Sewage Plant Operator,
7Water Plant Operator, Stationary Engineer, Plant Operating
8Engineer, and any other employee who holds the position of:
9Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
10Technical Manager I, Technical Manager II, Technical Manager
11III, Technical Manager IV, Technical Manager V, Technical
12Manager VI, Realty Specialist III, Realty Specialist IV, Realty
13Specialist V, Technical Advisor I, Technical Advisor II,
14Technical Advisor III, Technical Advisor IV, or Technical
15Advisor V employed by the Department of Transportation who is
16in a position which is certified in a bargaining unit on or
17before the effective date of this amendatory Act of the 98th
18General Assembly, and (vi) beginning on the effective date of
19this amendatory Act of the 98th General Assembly and
20notwithstanding any other provision of this Act, any mental
21health administrator in the Department of Corrections who is
22classified as or who holds the position of Public Service
23Administrator (Option 8K), any employee of the Office of the
24Inspector General in the Department of Human Services who is
25classified as or who holds the position of Public Service
26Administrator (Option 7), any Deputy of Intelligence in the

 

 

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1Department of Corrections who is classified as or who holds the
2position of Public Service Administrator (Option 7), and any
3employee of the Department of State Police who handles issues
4concerning the Illinois State Police Sex Offender Registry and
5who is classified as or holds the position of Public Service
6Administrator (Option 7), but excluding all of the following:
7employees of the General Assembly of the State of Illinois;
8elected officials; executive heads of a department; members of
9boards or commissions; the Executive Inspectors General; any
10special Executive Inspectors General; employees of each Office
11of an Executive Inspector General; commissioners and employees
12of the Executive Ethics Commission; the Auditor General's
13Inspector General; employees of the Office of the Auditor
14General's Inspector General; the Legislative Inspector
15General; any special Legislative Inspectors General; employees
16of the Office of the Legislative Inspector General;
17commissioners and employees of the Legislative Ethics
18Commission; employees of any agency, board or commission
19created by this Act; employees appointed to State positions of
20a temporary or emergency nature; all employees of school
21districts and higher education institutions except
22firefighters and peace officers employed by a state university
23and except peace officers employed by a school district in its
24own police department in existence on the effective date of
25this amendatory Act of the 96th General Assembly; managerial
26employees; short-term employees; legislative liaisons; a

 

 

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1person who is a State employee under the jurisdiction of the
2Office of the Attorney General who is licensed to practice law
3or whose position authorizes, either directly or indirectly,
4meaningful input into government decision-making on issues
5where there is room for principled disagreement on goals or
6their implementation; a person who is a State employee under
7the jurisdiction of the Office of the Comptroller who holds the
8position of Public Service Administrator or whose position is
9otherwise exempt under the Comptroller Merit Employment Code; a
10person who is a State employee under the jurisdiction of the
11Secretary of State who holds the position classification of
12Executive I or higher, whose position authorizes, either
13directly or indirectly, meaningful input into government
14decision-making on issues where there is room for principled
15disagreement on goals or their implementation, or who is
16otherwise exempt under the Secretary of State Merit Employment
17Code; employees in the Office of the Secretary of State who are
18completely exempt from jurisdiction B of the Secretary of State
19Merit Employment Code and who are in Rutan-exempt positions on
20or after April 5, 2013 (the effective date of Public Act
2197-1172); a person who is a State employee under the
22jurisdiction of the Treasurer who holds a position that is
23exempt from the State Treasurer Employment Code; any employee
24of a State agency who (i) holds the title or position of, or
25exercises substantially similar duties as a legislative
26liaison, Agency General Counsel, Agency Chief of Staff, Agency

 

 

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1Executive Director, Agency Deputy Director, Agency Chief
2Fiscal Officer, Agency Human Resources Director, Public
3Information Officer, or Chief Information Officer and (ii) was
4neither included in a bargaining unit nor subject to an active
5petition for certification in a bargaining unit; any employee
6of a State agency who (i) is in a position that is
7Rutan-exempt, as designated by the employer, and completely
8exempt from jurisdiction B of the Personnel Code and (ii) was
9neither included in a bargaining unit nor subject to an active
10petition for certification in a bargaining unit; any term
11appointed employee of a State agency pursuant to Section 8b.18
12or 8b.19 of the Personnel Code who was neither included in a
13bargaining unit nor subject to an active petition for
14certification in a bargaining unit; any employment position
15properly designated pursuant to Section 6.1 of this Act;
16confidential employees; independent contractors; and
17supervisors except as provided in this Act.
18    Home care and home health workers who function as personal
19assistants and individual maintenance home health workers and
20who also work under the Home Services Program under Section 3
21of the Rehabilitation of Persons with Disabilities Act shall
22not be considered public employees for any purposes not
23specifically provided for in Public Act 93-204 or Public Act
2497-1158, including but not limited to, purposes of vicarious
25liability in tort and purposes of statutory retirement or
26health insurance benefits. Home care and home health workers

 

 

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1who function as personal assistants and individual maintenance
2home health workers and who also work under the Home Services
3Program under Section 3 of the Rehabilitation of Persons with
4Disabilities Act shall not be covered by the State Employees
5Group Insurance Act of 1971 (5 ILCS 375/).
6    Child and day care home providers shall not be considered
7public employees for any purposes not specifically provided for
8in this amendatory Act of the 94th General Assembly, including
9but not limited to, purposes of vicarious liability in tort and
10purposes of statutory retirement or health insurance benefits.
11Child and day care home providers shall not be covered by the
12State Employees Group Insurance Act of 1971.
13    Notwithstanding Section 9, subsection (c), or any other
14provisions of this Act, all peace officers above the rank of
15captain in municipalities with more than 1,000,000 inhabitants
16shall be excluded from this Act.
17    (o) Except as otherwise in subsection (o-5), "public
18employer" or "employer" means the State of Illinois; any
19political subdivision of the State, unit of local government or
20school district; authorities including departments, divisions,
21bureaus, boards, commissions, or other agencies of the
22foregoing entities; and any person acting within the scope of
23his or her authority, express or implied, on behalf of those
24entities in dealing with its employees. As of the effective
25date of the amendatory Act of the 93rd General Assembly, but
26not before, the State of Illinois shall be considered the

 

 

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1employer of the personal assistants working under the Home
2Services Program under Section 3 of the Rehabilitation of
3Persons with Disabilities Act, subject to the limitations set
4forth in this Act and in the Rehabilitation of Persons with
5Disabilities Act. As of January 29, 2013 (the effective date of
6Public Act 97-1158), but not before except as otherwise
7provided in this subsection (o), the State shall be considered
8the employer of home care and home health workers who function
9as personal assistants and individual maintenance home health
10workers and who also work under the Home Services Program under
11Section 3 of the Rehabilitation of Persons with Disabilities
12Act, no matter whether the State provides those services
13through direct fee-for-service arrangements, with the
14assistance of a managed care organization or other
15intermediary, or otherwise, but subject to the limitations set
16forth in this Act and the Rehabilitation of Persons with
17Disabilities Act. The State shall not be considered to be the
18employer of home care and home health workers who function as
19personal assistants and individual maintenance home health
20workers and who also work under the Home Services Program under
21Section 3 of the Rehabilitation of Persons with Disabilities
22Act, for any purposes not specifically provided for in Public
23Act 93-204 or Public Act 97-1158, including but not limited to,
24purposes of vicarious liability in tort and purposes of
25statutory retirement or health insurance benefits. Home care
26and home health workers who function as personal assistants and

 

 

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1individual maintenance home health workers and who also work
2under the Home Services Program under Section 3 of the
3Rehabilitation of Persons with Disabilities Act shall not be
4covered by the State Employees Group Insurance Act of 1971 (5
5ILCS 375/). As of the effective date of this amendatory Act of
6the 94th General Assembly but not before, the State of Illinois
7shall be considered the employer of the day and child care home
8providers participating in the child care assistance program
9under Section 9A-11 of the Illinois Public Aid Code, subject to
10the limitations set forth in this Act and in Section 9A-11 of
11the Illinois Public Aid Code. The State shall not be considered
12to be the employer of child and day care home providers for any
13purposes not specifically provided for in this amendatory Act
14of the 94th General Assembly, including but not limited to,
15purposes of vicarious liability in tort and purposes of
16statutory retirement or health insurance benefits. Child and
17day care home providers shall not be covered by the State
18Employees Group Insurance Act of 1971.
19    "Public employer" or "employer" as used in this Act,
20however, does not mean and shall not include the General
21Assembly of the State of Illinois, the Executive Ethics
22Commission, the Offices of the Executive Inspectors General,
23the Legislative Ethics Commission, the Office of the
24Legislative Inspector General, the Office of the Auditor
25General's Inspector General, the Office of the Governor, the
26Governor's Office of Management and Budget, the Illinois

 

 

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1Finance Authority, the Office of the Lieutenant Governor, the
2State Board of Elections, and educational employers or
3employers as defined in the Illinois Educational Labor
4Relations Act, except with respect to a state university in its
5employment of firefighters and peace officers and except with
6respect to a school district in the employment of peace
7officers in its own police department in existence on the
8effective date of this amendatory Act of the 96th General
9Assembly. County boards and county sheriffs shall be designated
10as joint or co-employers of county peace officers appointed
11under the authority of a county sheriff. Nothing in this
12subsection (o) shall be construed to prevent the State Panel or
13the Local Panel from determining that employers are joint or
14co-employers.
15    (o-5) With respect to wages, fringe benefits, hours,
16holidays, vacations, proficiency examinations, sick leave, and
17other conditions of employment, the public employer of public
18employees who are court reporters, as defined in the Court
19Reporters Act, shall be determined as follows:
20        (1) For court reporters employed by the Cook County
21    Judicial Circuit, the chief judge of the Cook County
22    Circuit Court is the public employer and employer
23    representative.
24        (2) For court reporters employed by the 12th, 18th,
25    19th, and, on and after December 4, 2006, the 22nd judicial
26    circuits, a group consisting of the chief judges of those

 

 

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

 

 

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

 

 

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1    paragraph, in determining supervisory status in fire
2    fighter employment, no fire fighter shall be excluded as a
3    supervisor who has established representation rights under
4    Section 9 of this Act. Further, in new fire fighter units,
5    employees shall consist of fire fighters of the rank of
6    company officer and below. If a company officer otherwise
7    qualifies as a supervisor under the preceding paragraph,
8    however, he or she shall not be included in the fire
9    fighter unit. If there is no rank between that of chief and
10    the highest company officer, the employer may designate a
11    position on each shift as a Shift Commander, and the
12    persons occupying those positions shall be supervisors.
13    All other ranks above that of company officer shall be
14    supervisors.
15        (2) With respect only to State employees in positions
16    under the jurisdiction of the Attorney General, Secretary
17    of State, Comptroller, or Treasurer (i) that were certified
18    in a bargaining unit on or after December 2, 2008, (ii) for
19    which a petition is filed with the Illinois Public Labor
20    Relations Board on or after April 5, 2013 (the effective
21    date of Public Act 97-1172), or (iii) for which a petition
22    is pending before the Illinois Public Labor Relations Board
23    on that date, an employee who qualifies as a supervisor
24    under (A) Section 152 of the National Labor Relations Act
25    and (B) orders of the National Labor Relations Board
26    interpreting that provision or decisions of courts

 

 

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1    reviewing decisions of the National Labor Relations Board.
2    (s)(1) "Unit" means a class of jobs or positions that are
3held by employees whose collective interests may suitably be
4represented by a labor organization for collective bargaining.
5Except with respect to non-State fire fighters and paramedics
6employed by fire departments and fire protection districts,
7non-State peace officers, and peace officers in the Department
8of State Police, a bargaining unit determined by the Board
9shall not include both employees and supervisors, or
10supervisors only, except as provided in paragraph (2) of this
11subsection (s) and except for bargaining units in existence on
12July 1, 1984 (the effective date of this Act). With respect to
13non-State fire fighters and paramedics employed by fire
14departments and fire protection districts, non-State peace
15officers, and peace officers in the Department of State Police,
16a bargaining unit determined by the Board shall not include
17both supervisors and nonsupervisors, or supervisors only,
18except as provided in paragraph (2) of this subsection (s) and
19except for bargaining units in existence on January 1, 1986
20(the effective date of this amendatory Act of 1985). A
21bargaining unit determined by the Board to contain peace
22officers shall contain no employees other than peace officers
23unless otherwise agreed to by the employer and the labor
24organization or labor organizations involved. Notwithstanding
25any other provision of this Act, a bargaining unit, including a
26historical bargaining unit, containing sworn peace officers of

 

 

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1the Department of Natural Resources (formerly designated the
2Department of Conservation) shall contain no employees other
3than such sworn peace officers upon the effective date of this
4amendatory Act of 1990 or upon the expiration date of any
5collective bargaining agreement in effect upon the effective
6date of this amendatory Act of 1990 covering both such sworn
7peace officers and other employees.
8    (2) Notwithstanding the exclusion of supervisors from
9bargaining units as provided in paragraph (1) of this
10subsection (s), a public employer may agree to permit its
11supervisory employees to form bargaining units and may bargain
12with those units. This Act shall apply if the public employer
13chooses to bargain under this subsection.
14    (3) Public employees who are court reporters, as defined in
15the Court Reporters Act, shall be divided into 3 units for
16collective bargaining purposes. One unit shall be court
17reporters employed by the Cook County Judicial Circuit; one
18unit shall be court reporters employed by the 12th, 18th, 19th,
19and, on and after December 4, 2006, the 22nd judicial circuits;
20and one unit shall be court reporters employed by all other
21judicial circuits.
22    (t) "Active petition for certification in a bargaining
23unit" means a petition for certification filed with the Board
24under one of the following case numbers: S-RC-11-110;
25S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

 

 

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1S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12S-RC-07-100.
13(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1499-143, eff. 7-27-15.)
 
15    Section 10. The Public Employee Disability Act is amended
16by changing Section 1 as follows:
 
17    (5 ILCS 345/1)  (from Ch. 70, par. 91)
18    Sec. 1. Disability benefit.
19    (a) For the purposes of this Section, "eligible employee"
20means any part-time or full-time State correctional officer or
21any other full or part-time employee of the Department of
22Corrections, any full or part-time employee of the Prisoner
23Review Board, any full or part-time employee of the Department
24of Human Services working within a penal institution or a State

 

 

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1mental health or developmental disabilities facility operated
2by the Department of Human Services, and any full-time law
3enforcement officer or full-time firefighter, including a
4firefighter employed as a paramedic or who performs paramedic
5duties, who is employed by the State of Illinois, any unit of
6local government (including any home rule unit), any State
7supported college or university, or any other public entity
8granted the power to employ persons for such purposes by law.
9    (b) Whenever an eligible employee suffers any injury in the
10line of duty which causes him to be unable to perform his
11duties, he shall continue to be paid by the employing public
12entity on the same basis as he was paid before the injury, with
13no deduction from his sick leave credits, compensatory time for
14overtime accumulations or vacation, or service credits in a
15public employee pension fund during the time he is unable to
16perform his duties due to the result of the injury, but not
17longer than one year in relation to the same injury. However,
18no injury to an employee of the Department of Corrections or
19the Prisoner Review Board working within a penal institution or
20an employee of the Department of Human Services working within
21a departmental mental health or developmental disabilities
22facility shall qualify the employee for benefits under this
23Section unless the injury is the direct or indirect result of
24violence by inmates of the penal institution or residents of
25the mental health or developmental disabilities facility.
26    (c) At any time during the period for which continuing

 

 

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1compensation is required by this Act, the employing public
2entity may order at the expense of that entity physical or
3medical examinations of the injured person to determine the
4degree of disability.
5    (d) During this period of disability, the injured person
6shall not be employed in any other manner, with or without
7monetary compensation. Any person who is employed in violation
8of this paragraph forfeits the continuing compensation
9provided by this Act from the time such employment begins. Any
10salary compensation due the injured person from workers'
11compensation or any salary due him from any type of insurance
12which may be carried by the employing public entity shall
13revert to that entity during the time for which continuing
14compensation is paid to him under this Act. Any person with a
15disability receiving compensation under the provisions of this
16Act shall not be entitled to any benefits for which he would
17qualify because of his disability under the provisions of the
18Illinois Pension Code.
19    (e) Any employee of the State of Illinois, as defined in
20Section 14-103.05 of the Illinois Pension Code, who becomes
21permanently unable to perform the duties of such employment due
22to an injury received in the active performance of his duties
23as a State employee as a result of a willful act of violence by
24another employee of the State of Illinois, as so defined,
25committed during such other employee's course of employment and
26after January 1, 1988, shall be eligible for benefits pursuant

 

 

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1to the provisions of this Section. For purposes of this
2Section, permanent disability is defined as a diagnosis or
3prognosis of an inability to return to current job duties by a
4physician licensed to practice medicine in all of its branches.
5    (f) The compensation and other benefits provided to
6part-time employees covered by this Section shall be calculated
7based on the percentage of time the part-time employee was
8scheduled to work pursuant to his or her status as a part-time
9employee.
10    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
11Article VII of the Illinois Constitution, this Act specifically
12denies and limits the exercise by home rule units of any power
13which is inconsistent herewith, and all existing laws and
14ordinances which are inconsistent herewith are hereby
15superseded. This Act does not preempt the concurrent exercise
16by home rule units of powers consistent herewith.
17    This Act does not apply to any home rule unit with a
18population of over 1,000,000.
19    (h) In those cases where the injury to a State employee for
20which a benefit is payable under this Act was caused under
21circumstances creating a legal liability for damages on the
22part of some person other than the State employer, all of the
23rights and privileges, including the right to notice of suit
24brought against such other person and the right to commence or
25join in such suit, as given the employer, together with the
26conditions or obligations imposed under paragraph (b) of

 

 

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1Section 5 of the Workers' Compensation Act, are also given and
2granted to the State, to the end that, with respect to State
3employees only, the State may be paid or reimbursed for the
4amount of benefit paid or to be paid by the State to the
5injured employee or his or her personal representative out of
6any judgment, settlement, or payment for such injury obtained
7by such injured employee or his or her personal representative
8from such other person by virtue of the injury.
9(Source: P.A. 99-143, eff. 7-27-15.)