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1 | | AN ACT concerning labor relations.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Public Labor Relations Act is |
5 | | amended by changing Sections 3, 9, and 21.5 as follows: |
6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | | Sec. 3. Definitions. As used in this Act, unless the |
8 | | context
otherwise requires:
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9 | | (a) "Board" means the Illinois
Labor Relations Board or, |
10 | | with respect to a matter over which the
jurisdiction of the |
11 | | Board is assigned to the State Panel or the Local Panel
under |
12 | | Section 5, the panel having jurisdiction over the matter.
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13 | | (b) "Collective bargaining" means bargaining over terms |
14 | | and conditions
of employment, including hours, wages, and |
15 | | other conditions of employment,
as detailed in Section 7 and |
16 | | which are not excluded by Section 4.
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17 | | (c) "Confidential employee" means an employee who, in the |
18 | | regular course
of his or her duties, assists and acts in a |
19 | | confidential capacity to persons
who formulate, determine, and |
20 | | effectuate management policies with regard
to labor relations |
21 | | or who, in the regular course of his or her duties, has
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22 | | authorized access to information relating to the effectuation
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23 | | or review of the employer's collective bargaining policies.
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1 | | Determinations of confidential employee status shall be based |
2 | | on actual employee job duties and not solely on written job |
3 | | descriptions.
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4 | | (d) "Craft employees" means skilled journeymen, crafts |
5 | | persons, and their
apprentices and helpers.
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6 | | (e) "Essential services employees" means those public |
7 | | employees
performing functions so essential that the |
8 | | interruption or termination of
the function will constitute a |
9 | | clear and present danger to the health and
safety of the |
10 | | persons in the affected community.
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11 | | (f) "Exclusive representative", except with respect to |
12 | | non-State fire
fighters and paramedics employed by fire |
13 | | departments and fire protection
districts, non-State peace |
14 | | officers, and peace officers in the
Department of State |
15 | | Police, means the labor organization that has
been (i) |
16 | | designated by the Board as the representative of a majority of |
17 | | public
employees in an appropriate bargaining unit in |
18 | | accordance with the procedures
contained in this Act, (ii) |
19 | | historically
recognized by the State of Illinois or
any |
20 | | political subdivision of the State before July 1, 1984
(the |
21 | | effective date of this
Act) as the exclusive representative of |
22 | | the employees in an appropriate
bargaining unit, (iii) after |
23 | | July 1, 1984 (the
effective date of this Act) recognized by an
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24 | | employer upon evidence, acceptable to the Board, that the |
25 | | labor
organization has been designated as the exclusive |
26 | | representative by a
majority of the employees in an |
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1 | | appropriate bargaining unit;
(iv) recognized as the exclusive |
2 | | representative of personal
assistants under Executive Order |
3 | | 2003-8 prior to the effective date of this
amendatory
Act of |
4 | | the 93rd General Assembly, and the organization shall be |
5 | | considered to
be the
exclusive representative of the personal |
6 | | assistants
as defined
in this Section; or (v) recognized as |
7 | | the exclusive representative of child and day care home |
8 | | providers, including licensed and license exempt providers, |
9 | | pursuant to an election held under Executive Order 2005-1 |
10 | | prior to the effective date of this amendatory Act of the 94th |
11 | | General Assembly, and the organization shall be considered to |
12 | | be the exclusive representative of the child and day care home |
13 | | providers as defined in this Section.
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14 | | With respect to non-State fire fighters and paramedics |
15 | | employed by fire
departments and fire protection districts, |
16 | | non-State peace officers, and
peace officers in the Department |
17 | | of State Police,
"exclusive representative" means the labor |
18 | | organization that has
been (i) designated by the Board as the |
19 | | representative of a majority of peace
officers or fire |
20 | | fighters in an appropriate bargaining unit in accordance
with |
21 | | the procedures contained in this Act, (ii)
historically |
22 | | recognized
by the State of Illinois or any political |
23 | | subdivision of the State before
January 1, 1986 (the effective |
24 | | date of this amendatory Act of 1985) as the exclusive
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25 | | representative by a majority of the peace officers or fire |
26 | | fighters in an
appropriate bargaining unit, or (iii) after |
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1 | | January 1,
1986 (the effective date of this amendatory
Act of |
2 | | 1985) recognized by an employer upon evidence, acceptable to |
3 | | the
Board, that the labor organization has been designated as |
4 | | the exclusive
representative by a majority of the peace |
5 | | officers or fire fighters in an
appropriate bargaining unit.
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6 | | Where a historical pattern of representation exists for |
7 | | the workers of a water system that was owned by a public |
8 | | utility, as defined in Section 3-105 of the Public Utilities |
9 | | Act, prior to becoming certified employees of a municipality |
10 | | or municipalities once the municipality or municipalities have |
11 | | acquired the water system as authorized in Section 11-124-5 of |
12 | | the Illinois Municipal Code, the Board shall find the labor |
13 | | organization that has historically represented the workers to |
14 | | be the exclusive representative under this Act, and shall find |
15 | | the unit represented by the exclusive representative to be the |
16 | | appropriate unit. |
17 | | (g) "Fair share agreement" means an agreement between the |
18 | | employer and
an employee organization under which all or any |
19 | | of the employees in a
collective bargaining unit are required |
20 | | to pay their proportionate share of
the costs of the |
21 | | collective bargaining process, contract administration, and
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22 | | pursuing matters affecting wages, hours, and other conditions |
23 | | of employment,
but not to exceed the amount of dues uniformly |
24 | | required of members. The
amount certified by the exclusive |
25 | | representative shall not include any fees
for contributions |
26 | | related to the election or support of any candidate for
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1 | | political office. Nothing in this subsection (g) shall
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2 | | preclude an employee from making
voluntary political |
3 | | contributions in conjunction with his or her fair share
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4 | | payment.
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5 | | (g-1) "Fire fighter" means, for the purposes of this Act |
6 | | only, any
person who has been or is hereafter appointed to a |
7 | | fire department or fire
protection district or employed by a |
8 | | state university and sworn or
commissioned to perform fire |
9 | | fighter duties or paramedic duties, including paramedics |
10 | | employed by a unit of local government, except that the
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11 | | following persons are not included: part-time fire fighters,
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12 | | auxiliary, reserve or voluntary fire fighters, including paid |
13 | | on-call fire
fighters, clerks and dispatchers or other |
14 | | civilian employees of a fire
department or fire protection |
15 | | district who are not routinely expected to
perform fire |
16 | | fighter duties, or elected officials.
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17 | | (g-2) "General Assembly of the State of Illinois" means |
18 | | the
legislative branch of the government of the State of |
19 | | Illinois, as provided
for under Article IV of the Constitution |
20 | | of the State of Illinois, and
includes but is not limited to |
21 | | the House of Representatives, the Senate,
the Speaker of the |
22 | | House of Representatives, the Minority Leader of the
House of |
23 | | Representatives, the President of the Senate, the Minority |
24 | | Leader
of the Senate, the Joint Committee on Legislative |
25 | | Support Services and any
legislative support services agency |
26 | | listed in the Legislative Commission
Reorganization Act of |
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1 | | 1984.
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2 | | (h) "Governing body" means, in the case of the State, the |
3 | | State Panel of
the Illinois Labor Relations Board, the |
4 | | Director of the Department of Central
Management Services, and |
5 | | the Director of the Department of Labor; the county
board in |
6 | | the case of a county; the corporate authorities in the case of |
7 | | a
municipality; and the appropriate body authorized to provide |
8 | | for expenditures
of its funds in the case of any other unit of |
9 | | government.
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10 | | (i) "Labor organization" means any organization in which |
11 | | public employees
participate and that exists for the purpose, |
12 | | in whole or in part, of dealing
with a public employer |
13 | | concerning wages, hours, and other terms and conditions
of |
14 | | employment, including the settlement of grievances.
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15 | | (i-5) "Legislative liaison" means a person who is an |
16 | | employee of a State agency, the Attorney General, the |
17 | | Secretary of State, the Comptroller, or the Treasurer, as the |
18 | | case may be, and whose job duties require the person to |
19 | | regularly communicate in the course of his or her employment |
20 | | with any official or staff of the General Assembly of the State |
21 | | of Illinois for the purpose of influencing any legislative |
22 | | action. |
23 | | (j) "Managerial employee" means an individual who is |
24 | | engaged
predominantly in executive and management functions |
25 | | and is charged with the
responsibility of directing the |
26 | | effectuation of management policies
and practices. |
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1 | | Determination of managerial employee status shall be based on |
2 | | actual employee job duties and not solely on written job |
3 | | descriptions. With respect only to State employees in |
4 | | positions under the jurisdiction of the Attorney General, |
5 | | Secretary of State, Comptroller, or Treasurer (i) that were |
6 | | certified in a bargaining unit on or after December 2, 2008, |
7 | | (ii) for which a petition is filed with the Illinois Public |
8 | | Labor Relations Board on or after April 5, 2013 (the effective |
9 | | date of Public Act 97-1172), or (iii) for which a petition is |
10 | | pending before the Illinois Public Labor Relations Board on |
11 | | that date, "managerial employee" means an individual who is |
12 | | engaged in executive and management functions or who is |
13 | | charged with the effectuation of management policies and |
14 | | practices or who represents management interests by taking or |
15 | | recommending discretionary actions that effectively control or |
16 | | implement policy. Nothing in this definition prohibits an |
17 | | individual from also meeting the definition of "supervisor" |
18 | | under subsection (r) of this Section.
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19 | | (k) "Peace officer" means, for the purposes of this Act |
20 | | only, any
persons who have been or are hereafter appointed to a |
21 | | police force,
department, or agency and sworn or commissioned |
22 | | to perform police duties,
except that the following persons |
23 | | are not
included: part-time police
officers, special police |
24 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
25 | | the Illinois Municipal Code, night watchmen, "merchant |
26 | | police",
court security officers as defined by Section |
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1 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic |
2 | | guards or wardens, civilian parking meter and
parking |
3 | | facilities personnel or other individuals specially appointed |
4 | | to
aid or direct traffic at or near schools or public functions |
5 | | or to aid in
civil defense or disaster, parking enforcement |
6 | | employees who are not
commissioned as peace officers and who |
7 | | are not armed and who are not
routinely expected to effect |
8 | | arrests, parking lot attendants, clerks and
dispatchers or |
9 | | other civilian employees of a police department who are not
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10 | | routinely expected to effect arrests, or elected officials.
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11 | | (l) "Person" includes one or more individuals, labor |
12 | | organizations, public
employees, associations, corporations, |
13 | | legal representatives, trustees,
trustees in bankruptcy, |
14 | | receivers, or the State of Illinois or any political
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15 | | subdivision of the State or governing body, but does not |
16 | | include the General
Assembly of the State of Illinois or any |
17 | | individual employed by the General
Assembly of the State of |
18 | | Illinois.
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19 | | (m) "Professional employee" means any employee engaged in |
20 | | work predominantly
intellectual and varied in character rather |
21 | | than routine mental, manual,
mechanical or physical work; |
22 | | involving the consistent exercise of discretion
and adjustment |
23 | | in its performance; of such a character that the output |
24 | | produced
or the result accomplished cannot be standardized in |
25 | | relation to a given
period of time; and requiring advanced |
26 | | knowledge in a field of science or
learning customarily |
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1 | | acquired by a prolonged course of specialized intellectual
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2 | | instruction and study in an institution of higher learning or |
3 | | a hospital,
as distinguished from a general academic education |
4 | | or from apprenticeship
or from training in the performance of |
5 | | routine mental, manual, or physical
processes; or any employee |
6 | | who has completed the courses of specialized
intellectual |
7 | | instruction and study prescribed in this subsection (m) and is
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8 | | performing related
work under the supervision of a |
9 | | professional person to qualify to become
a professional |
10 | | employee as defined in this subsection (m).
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11 | | (n) "Public employee" or "employee", for the purposes of |
12 | | this Act, means
any individual employed by a public employer, |
13 | | including (i) interns and residents
at public hospitals, (ii) |
14 | | as of the effective date of this amendatory Act of the 93rd |
15 | | General
Assembly, but not
before, personal assistants working |
16 | | under the Home
Services
Program under Section 3 of the |
17 | | Rehabilitation of Persons with Disabilities Act, subject to
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18 | | the
limitations set forth in this Act and in the |
19 | | Rehabilitation of Persons with Disabilities
Act,
(iii) as of |
20 | | the effective date of this amendatory Act of the 94th General |
21 | | Assembly, but not before, child and day care home providers |
22 | | participating in the child care assistance program under |
23 | | Section 9A-11 of the Illinois Public Aid Code, subject to the |
24 | | limitations set forth in this Act and in Section 9A-11 of the |
25 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the |
26 | | effective date of Public Act 97-1158), but not before except |
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1 | | as otherwise provided in this subsection (n), home care and |
2 | | home health workers who function as personal assistants and |
3 | | individual maintenance home health workers and who also work |
4 | | under the Home Services Program under Section 3 of the |
5 | | Rehabilitation of Persons with Disabilities Act, no matter |
6 | | whether the State provides those services through direct |
7 | | fee-for-service arrangements, with the assistance of a managed |
8 | | care organization or other intermediary, or otherwise, (v) |
9 | | beginning on the effective date of this amendatory Act of the |
10 | | 98th General Assembly and notwithstanding any other provision |
11 | | of this Act, any person employed by a public employer and who |
12 | | is classified as or who holds the employment title of Chief |
13 | | Stationary Engineer, Assistant Chief Stationary Engineer, |
14 | | Sewage Plant Operator, Water Plant Operator, Stationary |
15 | | Engineer, Plant Operating Engineer, and any other employee who |
16 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
17 | | Civil Engineer VII, Technical Manager I, Technical Manager II, |
18 | | Technical Manager III, Technical Manager IV, Technical Manager |
19 | | V, Technical Manager VI, Realty Specialist III, Realty |
20 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
21 | | Technical Advisor II, Technical Advisor III, Technical Advisor |
22 | | IV, or Technical Advisor V employed by the Department of |
23 | | Transportation who is in a position which is certified in a |
24 | | bargaining unit on or before the effective date of this |
25 | | amendatory Act of the 98th General Assembly, and (vi) |
26 | | beginning on the effective date of this amendatory Act of the |
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1 | | 98th General Assembly and notwithstanding any other provision |
2 | | of this Act, any mental health administrator in the Department |
3 | | of Corrections who is classified as or who holds the position |
4 | | of Public Service Administrator (Option 8K), any employee of |
5 | | the Office of the Inspector General in the Department of Human |
6 | | Services who is classified as or who holds the position of |
7 | | Public Service Administrator (Option 7), any Deputy of |
8 | | Intelligence in the Department of Corrections who is |
9 | | classified as or who holds the position of Public Service |
10 | | Administrator (Option 7), and any employee of the Department |
11 | | of State Police who handles issues concerning the Illinois |
12 | | State Police Sex Offender Registry and who is classified as or |
13 | | holds the position of Public Service Administrator (Option 7), |
14 | | but excluding all of the following: employees of the
General |
15 | | Assembly of the State of Illinois; elected officials; |
16 | | executive
heads of a department; members of boards or |
17 | | commissions; the Executive
Inspectors General; any special |
18 | | Executive Inspectors General; employees of each
Office of an |
19 | | Executive Inspector General;
commissioners and employees of |
20 | | the Executive Ethics Commission; the Auditor
General's |
21 | | Inspector General; employees of the Office of the Auditor |
22 | | General's
Inspector General; the Legislative Inspector |
23 | | General; any special Legislative
Inspectors General; employees |
24 | | of the Office
of the Legislative Inspector General;
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25 | | commissioners and employees of the Legislative Ethics |
26 | | Commission;
employees
of any
agency, board or commission |
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1 | | created by this Act; employees appointed to
State positions of |
2 | | a temporary or emergency nature; all employees of school
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3 | | districts and higher education institutions except |
4 | | firefighters and peace
officers employed
by a state university |
5 | | and except peace officers employed by a school district in its |
6 | | own police department in existence on the effective date of |
7 | | this amendatory Act of the 96th General Assembly; managerial |
8 | | employees; short-term employees; legislative liaisons; a |
9 | | person who is a State employee under the jurisdiction of the |
10 | | Office of the Attorney General who is licensed to practice law |
11 | | or whose position authorizes, either directly or indirectly, |
12 | | meaningful input into government decision-making on issues |
13 | | where there is room for principled disagreement on goals or |
14 | | their implementation; a person who is a State employee under |
15 | | the jurisdiction of the Office of the Comptroller who holds |
16 | | the position of Public Service Administrator or whose position |
17 | | is otherwise exempt under the Comptroller Merit Employment |
18 | | Code; a person who is a State employee under the jurisdiction |
19 | | of the Secretary of State who holds the position |
20 | | classification of Executive I or higher, whose position |
21 | | authorizes, either directly or indirectly, meaningful input |
22 | | into government decision-making on issues where there is room |
23 | | for principled disagreement on goals or their implementation, |
24 | | or who is otherwise exempt under the Secretary of State Merit |
25 | | Employment Code; employees in the Office of the Secretary of |
26 | | State who are completely exempt from jurisdiction B of the |
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1 | | Secretary of State Merit Employment Code and who are in |
2 | | Rutan-exempt positions on or after April 5, 2013 (the |
3 | | effective date of Public Act 97-1172); a person who is a State |
4 | | employee under the jurisdiction of the Treasurer who holds a |
5 | | position that is exempt from the State Treasurer Employment |
6 | | Code; any employee of a State agency who (i) holds the title or |
7 | | position of, or exercises substantially similar duties as a |
8 | | legislative liaison, Agency General Counsel, Agency Chief of |
9 | | Staff, Agency Executive Director, Agency Deputy Director, |
10 | | Agency Chief Fiscal Officer, Agency Human Resources Director, |
11 | | Public Information Officer, or Chief Information Officer and |
12 | | (ii) was neither included in a bargaining unit nor subject to |
13 | | an active petition for certification in a bargaining unit; any |
14 | | employee of a State agency who (i) is in a position that is |
15 | | Rutan-exempt, as designated by the employer, and completely |
16 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
17 | | neither included in a bargaining unit nor subject to an active |
18 | | petition for certification in a bargaining unit; any term |
19 | | appointed employee of a State agency pursuant to Section 8b.18 |
20 | | or 8b.19 of the Personnel Code who was neither included in a |
21 | | bargaining unit nor subject to an active petition for |
22 | | certification in a bargaining unit; any employment position |
23 | | properly designated pursuant to Section 6.1 of this Act;
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24 | | confidential employees; independent contractors; and |
25 | | supervisors except as
provided in this Act.
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26 | | Home care
and home health workers who function as personal |
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1 | | assistants and individual maintenance home health workers and |
2 | | who also work under the Home Services Program under Section 3 |
3 | | of the Rehabilitation of Persons with Disabilities Act shall |
4 | | not be considered
public
employees for any purposes not |
5 | | specifically provided for in Public Act 93-204 or Public Act |
6 | | 97-1158, including but not limited to, purposes of vicarious
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7 | | liability in tort
and purposes of statutory retirement or |
8 | | health insurance benefits. Home care and home health workers |
9 | | who function as personal assistants and individual maintenance |
10 | | home health workers and who also work under the Home Services |
11 | | Program under Section 3 of the Rehabilitation of Persons with |
12 | | Disabilities Act shall not be covered by the State Employees
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13 | | Group
Insurance Act of 1971 (5 ILCS 375/).
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14 | | Child and day care home providers shall not be considered |
15 | | public employees for any purposes not specifically provided |
16 | | for in this amendatory Act of the 94th General Assembly, |
17 | | including but not limited to, purposes of vicarious liability |
18 | | in tort and purposes of statutory retirement or health |
19 | | insurance benefits. Child and day care home providers shall |
20 | | not be covered by the State Employees Group Insurance Act of |
21 | | 1971. |
22 | | Notwithstanding Section 9, subsection (c), or any other |
23 | | provisions of
this Act, all peace officers above the rank of |
24 | | captain in
municipalities with more than 1,000,000 inhabitants |
25 | | shall be excluded
from this Act.
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26 | | (o) Except as otherwise in subsection (o-5), "public |
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1 | | employer" or "employer" means the State of Illinois; any
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2 | | political subdivision of the State, unit of local government |
3 | | or school
district; authorities including departments, |
4 | | divisions, bureaus, boards,
commissions, or other agencies of |
5 | | the foregoing entities; and any person
acting within the scope |
6 | | of his or her authority, express or implied, on
behalf of those |
7 | | entities in dealing with its employees.
As of the effective |
8 | | date of the amendatory Act of the 93rd General Assembly,
but |
9 | | not
before, the State of Illinois shall be considered the |
10 | | employer of the personal assistants working under the Home |
11 | | Services Program
under
Section 3 of the Rehabilitation of |
12 | | Persons with Disabilities Act, subject to the
limitations set |
13 | | forth
in this Act and in the Rehabilitation of Persons with |
14 | | Disabilities Act. As of January 29, 2013 (the effective date |
15 | | of Public Act 97-1158), but not before except as otherwise |
16 | | provided in this subsection (o), the State shall be considered |
17 | | the employer of home care and home health workers who function |
18 | | as personal assistants and individual maintenance home health |
19 | | workers and who also work under the Home Services Program |
20 | | under Section 3 of the Rehabilitation of Persons with |
21 | | Disabilities Act, no matter whether the State provides those |
22 | | services through direct fee-for-service arrangements, with the |
23 | | assistance of a managed care organization or other |
24 | | intermediary, or otherwise, but subject to the limitations set |
25 | | forth in this Act and the Rehabilitation of Persons with |
26 | | Disabilities Act. The State shall not
be
considered to be the |
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1 | | employer of home care and home health workers who function as |
2 | | personal
assistants and individual maintenance home health |
3 | | workers and who also work under the Home Services Program |
4 | | under Section 3 of the Rehabilitation of Persons with |
5 | | Disabilities Act, for any
purposes not specifically provided |
6 | | for in Public Act 93-204 or Public Act 97-1158, including but |
7 | | not limited to, purposes of vicarious liability in tort
and
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8 | | purposes of statutory retirement or health insurance benefits. |
9 | | Home care and home health workers who function as
personal |
10 | | assistants and individual maintenance home health workers and |
11 | | who also work under the Home Services Program under Section 3 |
12 | | of the Rehabilitation of Persons with Disabilities Act shall |
13 | | not be covered by the State Employees Group
Insurance Act of |
14 | | 1971
(5 ILCS 375/).
As of the effective date of this amendatory |
15 | | Act of the 94th General Assembly but not before, the State of |
16 | | Illinois shall be considered the employer of the day and child |
17 | | care home providers participating in the child care assistance |
18 | | program under Section 9A-11 of the Illinois Public Aid Code, |
19 | | subject to the limitations set forth in this Act and in Section |
20 | | 9A-11 of the Illinois Public Aid Code. The State shall not be |
21 | | considered to be the employer of child and day care home |
22 | | providers for any purposes not specifically provided for in |
23 | | this amendatory Act of the 94th General Assembly, including |
24 | | but not limited to, purposes of vicarious liability in tort |
25 | | and purposes of statutory retirement or health insurance |
26 | | benefits. Child and day care home providers shall not be |
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1 | | covered by the State Employees Group Insurance Act of 1971. |
2 | | "Public employer" or
"employer" as used in this Act, |
3 | | however, does not
mean and shall not include the General |
4 | | Assembly of the State of Illinois,
the Executive Ethics |
5 | | Commission, the Offices of the Executive Inspectors
General, |
6 | | the Legislative Ethics Commission, the Office of the |
7 | | Legislative
Inspector General, the Office of the Auditor |
8 | | General's Inspector General, the Office of the Governor, the |
9 | | Governor's Office of Management and Budget, the Illinois |
10 | | Finance Authority, the Office of the Lieutenant Governor, the |
11 | | State Board of Elections, and educational employers or |
12 | | employers as defined in the Illinois
Educational Labor |
13 | | Relations Act, except with respect to a state university in
|
14 | | its employment of firefighters and peace officers and except |
15 | | with respect to a school district in the employment of peace |
16 | | officers in its own police department in existence on the |
17 | | effective date of this amendatory Act of the 96th General |
18 | | Assembly. County boards and county
sheriffs shall be
|
19 | | designated as joint or co-employers of county peace officers |
20 | | appointed
under the authority of a county sheriff. Nothing in |
21 | | this subsection
(o) shall be construed
to prevent the State |
22 | | Panel or the Local Panel
from determining that employers are |
23 | | joint or co-employers.
|
24 | | (o-5) With respect to
wages, fringe
benefits, hours, |
25 | | holidays, vacations, proficiency
examinations, sick leave, and |
26 | | other conditions of
employment, the public employer of public |
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|
1 | | employees who are court reporters, as
defined in the Court |
2 | | Reporters Act, shall be determined as
follows:
|
3 | | (1) For court reporters employed by the Cook County |
4 | | Judicial
Circuit, the chief judge of the Cook County |
5 | | Circuit
Court is the public employer and employer |
6 | | representative.
|
7 | | (2) For court reporters employed by the 12th, 18th, |
8 | | 19th, and, on and after December 4, 2006, the 22nd |
9 | | judicial
circuits, a group consisting of the chief judges |
10 | | of those circuits, acting
jointly by majority vote, is the |
11 | | public employer and employer representative.
|
12 | | (3) For court reporters employed by all other judicial |
13 | | circuits,
a group consisting of the chief judges of those |
14 | | circuits, acting jointly by
majority vote, is the public |
15 | | employer and employer representative.
|
16 | | (p) "Security employee" means an employee who is |
17 | | responsible for the
supervision and control of inmates at |
18 | | correctional facilities. The term
also includes other |
19 | | non-security employees in bargaining units having the
majority |
20 | | of employees being responsible for the supervision and control |
21 | | of
inmates at correctional facilities.
|
22 | | (q) "Short-term employee" means an employee who is |
23 | | employed for less
than 2 consecutive calendar quarters during |
24 | | a calendar year and who does
not have a reasonable assurance |
25 | | that he or she will be rehired by the
same employer for the |
26 | | same service in a subsequent calendar year.
|
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|
1 | | (q-5) "State agency" means an agency directly responsible |
2 | | to the Governor, as defined in Section 3.1 of the Executive |
3 | | Reorganization Implementation Act, and the Illinois Commerce |
4 | | Commission, the Illinois Workers' Compensation Commission, the |
5 | | Civil Service Commission, the Pollution Control Board, the |
6 | | Illinois Racing Board, and the Department of State Police |
7 | | Merit Board. |
8 | | (r) "Supervisor" is: |
9 | | (1) An employee whose principal work is substantially
|
10 | | different from that of his or her subordinates and who has |
11 | | authority, in the
interest of the employer, to hire, |
12 | | transfer, suspend, lay off, recall,
promote, discharge, |
13 | | direct, reward, or discipline employees, to adjust
their |
14 | | grievances, or to effectively recommend any of those |
15 | | actions, if the
exercise
of that authority is not of a |
16 | | merely routine or clerical nature, but
requires the |
17 | | consistent use of independent judgment. Except with |
18 | | respect to
police employment, the term "supervisor" |
19 | | includes only those individuals
who devote a preponderance |
20 | | of their employment time to exercising that
authority, |
21 | | State supervisors notwithstanding. Determinations of |
22 | | supervisor status shall be based on actual employee job |
23 | | duties and not solely on written job descriptions. Nothing |
24 | | in this definition prohibits an individual from also |
25 | | meeting the definition of "managerial employee" under |
26 | | subsection (j) of this Section. In addition, in |
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| | SB0525 Enrolled | - 20 - | LRB102 11394 RJF 16727 b |
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|
1 | | determining
supervisory status in police employment, rank |
2 | | shall not be determinative.
The Board shall consider, as |
3 | | evidence of bargaining unit inclusion or
exclusion, the |
4 | | common law enforcement policies and relationships between
|
5 | | police officer ranks and certification under applicable |
6 | | civil service law,
ordinances, personnel codes, or |
7 | | Division 2.1 of Article 10 of the Illinois
Municipal Code, |
8 | | but these factors shall not
be the sole or predominant |
9 | | factors considered by the Board in determining
police |
10 | | supervisory status.
|
11 | | Notwithstanding the provisions of the preceding |
12 | | paragraph, in determining
supervisory status in fire |
13 | | fighter employment, no fire fighter shall be
excluded as a |
14 | | supervisor who has established representation rights under
|
15 | | Section 9 of this Act. Further, in new fire fighter units, |
16 | | employees shall
consist of fire fighters of the rank of |
17 | | company officer and below. If a company officer otherwise |
18 | | qualifies as a supervisor under the preceding paragraph, |
19 | | however, he or she shall
not be included in the fire |
20 | | fighter
unit. If there is no rank between that of chief and |
21 | | the
highest company officer, the employer may designate a |
22 | | position on each
shift as a Shift Commander, and the |
23 | | persons occupying those positions shall
be supervisors. |
24 | | All other ranks above that of company officer shall be
|
25 | | supervisors.
|
26 | | (2) With respect only to State employees in positions |
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|
1 | | under the jurisdiction of the Attorney General, Secretary |
2 | | of State, Comptroller, or Treasurer (i) that were |
3 | | certified in a bargaining unit on or after December 2, |
4 | | 2008, (ii) for which a petition is filed with the Illinois |
5 | | Public Labor Relations Board on or after April 5, 2013 |
6 | | (the effective date of Public Act 97-1172), or (iii) for |
7 | | which a petition is pending before the Illinois Public |
8 | | Labor Relations Board on that date, an employee who |
9 | | qualifies as a supervisor under (A) Section 152 of the |
10 | | National Labor Relations Act and (B) orders of the |
11 | | National Labor Relations Board interpreting that provision |
12 | | or decisions of courts reviewing decisions of the National |
13 | | Labor Relations Board. |
14 | | (s)(1) "Unit" means a class of jobs or positions that are |
15 | | held by
employees whose collective interests may suitably be |
16 | | represented by a labor
organization for collective bargaining. |
17 | | Except with respect to non-State fire
fighters and paramedics |
18 | | employed by fire departments and fire protection
districts, |
19 | | non-State peace officers, and peace officers in the Department |
20 | | of
State Police, a bargaining unit determined by the Board |
21 | | shall not include both
employees and supervisors, or |
22 | | supervisors only, except as provided in paragraph
(2) of this |
23 | | subsection (s) and except for bargaining units in existence on |
24 | | July
1, 1984 (the effective date of this Act). With respect to |
25 | | non-State fire
fighters and paramedics employed by fire |
26 | | departments and fire protection
districts, non-State peace |
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| | SB0525 Enrolled | - 22 - | LRB102 11394 RJF 16727 b |
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|
1 | | officers, and peace officers in the Department of
State |
2 | | Police, a bargaining unit determined by the Board shall not |
3 | | include both
supervisors and nonsupervisors, or supervisors |
4 | | only, except as provided in
paragraph (2) of this subsection |
5 | | (s) and except for bargaining units in
existence on January 1, |
6 | | 1986 (the effective date of this amendatory Act of
1985). A |
7 | | bargaining unit determined by the Board to contain peace |
8 | | officers
shall contain no employees other than peace officers |
9 | | unless otherwise agreed to
by the employer and the labor |
10 | | organization or labor organizations involved.
Notwithstanding |
11 | | any other provision of this Act, a bargaining unit, including |
12 | | a
historical bargaining unit, containing sworn peace officers |
13 | | of the Department
of Natural Resources (formerly designated |
14 | | the Department of Conservation) shall
contain no employees |
15 | | other than such sworn peace officers upon the effective
date |
16 | | of this amendatory Act of 1990 or upon the expiration date of |
17 | | any
collective bargaining agreement in effect upon the |
18 | | effective date of this
amendatory Act of 1990 covering both |
19 | | such sworn peace officers and other
employees.
|
20 | | (2) Notwithstanding the exclusion of supervisors from |
21 | | bargaining units
as provided in paragraph (1) of this |
22 | | subsection (s), a public
employer may agree to permit its |
23 | | supervisory employees to form bargaining units
and may bargain |
24 | | with those units. This Act shall apply if the public employer
|
25 | | chooses to bargain under this subsection.
|
26 | | (3) Public employees who are court reporters, as defined
|
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| | SB0525 Enrolled | - 23 - | LRB102 11394 RJF 16727 b |
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|
1 | | in the Court Reporters Act,
shall be divided into 3 units for |
2 | | collective bargaining purposes. One unit
shall be court |
3 | | reporters employed by the Cook County Judicial Circuit; one
|
4 | | unit shall be court reporters employed by the 12th, 18th, |
5 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
6 | | circuits; and one unit shall be court reporters employed by |
7 | | all other
judicial circuits.
|
8 | | (t) "Active petition for certification in a bargaining |
9 | | unit" means a petition for certification filed with the Board |
10 | | under one of the following case numbers: S-RC-11-110; |
11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
24 | | S-RC-07-100. |
25 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
|
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| | SB0525 Enrolled | - 24 - | LRB102 11394 RJF 16727 b |
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|
1 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
|
2 | | Sec. 9. Elections; recognition.
|
3 | | (a) Whenever in accordance with such
regulations as may be |
4 | | prescribed by the Board a petition has been filed:
|
5 | | (1) by a public employee or group of public employees |
6 | | or any labor
organization acting in their behalf |
7 | | demonstrating that 30% of the public
employees in an |
8 | | appropriate unit (A) wish to be represented for the
|
9 | | purposes of collective bargaining by a labor organization |
10 | | as exclusive
representative, or (B) asserting that the |
11 | | labor organization which has been
certified or is |
12 | | currently recognized by the public employer as bargaining
|
13 | | representative is no longer the representative of the |
14 | | majority of public
employees in the unit; or
|
15 | | (2) by a public employer alleging that one or more |
16 | | labor organizations
have presented to it a claim that they |
17 | | be recognized as the representative
of a majority of the |
18 | | public employees in an appropriate unit,
|
19 | | the Board
shall investigate such petition, and if it has |
20 | | reasonable cause to believe
that a question of representation |
21 | | exists, shall provide for an appropriate
hearing upon due |
22 | | notice. Such hearing shall be held at the offices of
the Board |
23 | | or such other location as the Board deems appropriate.
If it |
24 | | finds upon the record of the hearing that a question of
|
25 | | representation exists, it shall direct an election in |
26 | | accordance with
subsection (d) of this Section, which election |
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|
1 | | shall be held not later than
120 days after the date the |
2 | | petition was filed regardless of whether that
petition was |
3 | | filed before or after the effective date of this amendatory
|
4 | | Act of 1987; provided, however, the Board may extend the time |
5 | | for holding an
election by an additional 60 days if, upon |
6 | | motion by a person who has filed
a petition under this Section |
7 | | or is the subject of a petition filed under
this Section and is |
8 | | a party to such hearing, or upon the Board's own
motion, the |
9 | | Board finds that good cause has been shown for extending the
|
10 | | election date; provided further, that nothing in this Section |
11 | | shall prohibit
the Board, in its discretion, from extending |
12 | | the time for holding an
election for so long as may be |
13 | | necessary under the circumstances, where the
purpose for such |
14 | | extension is to permit resolution by the Board of an
unfair |
15 | | labor practice charge filed by one of the parties to a
|
16 | | representational proceeding against the other based upon |
17 | | conduct which may
either affect the existence of a question |
18 | | concerning representation or have
a tendency to interfere with |
19 | | a fair and free election, where the party
filing the charge has |
20 | | not filed a request to proceed with the election; and
provided |
21 | | further that prior to the expiration of the total time |
22 | | allotted
for holding an election, a person who has filed a |
23 | | petition under this
Section or is the subject of a petition |
24 | | filed under this Section and is a
party to such hearing or the |
25 | | Board, may move for and obtain the entry
of an order in the |
26 | | circuit court of the county in which the majority of the
public |
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|
1 | | employees sought to be represented by such person reside, such |
2 | | order
extending the date upon which the election shall be |
3 | | held. Such order shall
be issued by the circuit court only upon |
4 | | a judicial finding that there has
been a sufficient showing |
5 | | that there is good cause to extend the election
date beyond |
6 | | such period and shall require the Board to hold the
election as |
7 | | soon as is feasible given the totality of the circumstances.
|
8 | | Such 120 day period may be extended one or more times by the |
9 | | agreement
of all parties to the hearing to a date certain |
10 | | without the necessity of
obtaining a court order. Nothing in |
11 | | this Section prohibits the waiving
of hearings by stipulation |
12 | | for the purpose of a consent election in conformity
with the |
13 | | rules and regulations of the Board or an election in a unit |
14 | | agreed
upon by the parties. Other interested employee |
15 | | organizations may intervene
in the proceedings in the manner |
16 | | and within the time period specified by
rules and regulations |
17 | | of the Board. Interested parties who are necessary
to the |
18 | | proceedings may also intervene in the proceedings in the |
19 | | manner and
within the time period specified by the rules and |
20 | | regulations of the Board.
|
21 | | (a-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
without
|
25 | | agreement on the means to ascertain the choice, if any, of |
26 | | employee
organization
as their representative, the Board shall |
|
| | SB0525 Enrolled | - 27 - | LRB102 11394 RJF 16727 b |
|
|
1 | | ascertain the employees' choice of
employee organization, on |
2 | | the basis of dues deduction authorization or other
evidence, |
3 | | or, if necessary, by conducting an election. All evidence |
4 | | submitted by an employee organization to the Board to |
5 | | ascertain an employee's choice of an employee organization is |
6 | | confidential and shall not be submitted to the employer for |
7 | | review. The Board shall ascertain the employee's choice of |
8 | | employee organization within 120 days after the filing of the |
9 | | majority interest petition; however, the Board may extend time |
10 | | by an additional 60 days, upon its own motion or upon the |
11 | | motion of a party to the proceeding. If either party provides
|
12 | | to the Board, before the designation of a representative, |
13 | | clear and convincing
evidence that the dues deduction |
14 | | authorizations, and other evidence upon which
the Board would |
15 | | otherwise rely to ascertain the employees' choice of
|
16 | | representative, are fraudulent or were obtained through |
17 | | coercion, the Board
shall promptly thereafter conduct an |
18 | | election. The Board shall also investigate
and consider a |
19 | | party's allegations that the dues deduction authorizations and
|
20 | | other evidence submitted in support of a designation of |
21 | | representative without
an election were subsequently changed, |
22 | | altered, withdrawn, or withheld as a
result of employer fraud, |
23 | | coercion, or any other unfair labor practice by the
employer. |
24 | | If the Board determines that a labor organization would have |
25 | | had a
majority interest but for an employer's fraud, coercion, |
26 | | or unfair labor
practice, it shall designate the labor |
|
| | SB0525 Enrolled | - 28 - | LRB102 11394 RJF 16727 b |
|
|
1 | | organization as an exclusive
representative without conducting |
2 | | an
election. If a hearing is necessary to resolve any issues of |
3 | | representation under this Section, the Board shall conclude |
4 | | its hearing process and issue a certification of the entire |
5 | | appropriate unit not later than 120 days after the date the |
6 | | petition was filed. The 120-day period may be extended one or |
7 | | more times by the agreement of all parties to a hearing to a |
8 | | date certain.
|
9 | | (a-6) A labor organization or an employer may file a unit |
10 | | clarification petition seeking to clarify an existing |
11 | | bargaining unit. Unit clarification petitions may be filed if: |
12 | | (1) substantial changes occur in the duties and functions of |
13 | | an existing job title, raising an issue as to the title's unit |
14 | | placement; (2) an existing job title that is logically |
15 | | encompassed within the existing unit was inadvertently |
16 | | excluded by the parties at the time the unit was established; |
17 | | (3) a newly created job title is logically encompassed within |
18 | | an existing unit; (4) a significant change takes place in |
19 | | statutory or case law that affects the bargaining rights of |
20 | | employees; (5) a determination needs to be made as to the unit |
21 | | placement of positions in dispute following a majority |
22 | | interest certification of representative issued under |
23 | | subsection (a-5); (6) a determination needs to be made as to |
24 | | the unit placement of positions in dispute following a |
25 | | certification of representative issued following a direction |
26 | | of election under subsection (d); (7) the parties have agreed |
|
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|
|
1 | | to eliminate a position or title because the employer no |
2 | | longer uses it; (8) the parties have agreed to exclude some of |
3 | | the positions in a title or classification from a bargaining |
4 | | unit and include others; or (9) as prescribed in rules set by |
5 | | the Board. The Board shall conclude its investigation, |
6 | | including any hearing process deemed necessary, and issue a |
7 | | certification of clarified unit or dismiss the petition not |
8 | | later than 120 days after the date the petition was filed. The |
9 | | 120-day period may be extended one or more times by the |
10 | | agreement of all parties to a hearing to a date certain. |
11 | | (b) The Board shall decide in each case, in order to assure |
12 | | public employees
the fullest freedom in exercising the rights |
13 | | guaranteed by this Act, a unit
appropriate for the purpose of |
14 | | collective bargaining, based upon but not
limited to such |
15 | | factors as: historical pattern of recognition; community
of |
16 | | interest including employee skills and functions; degree of |
17 | | functional
integration; interchangeability and contact among |
18 | | employees; fragmentation
of employee groups; common |
19 | | supervision, wages, hours and other working
conditions of the |
20 | | employees involved; and the desires of the employees.
For |
21 | | purposes of this subsection, fragmentation shall not be the |
22 | | sole or
predominant factor used by the Board in determining an |
23 | | appropriate
bargaining unit. Except with respect to non-State |
24 | | fire fighters and
paramedics employed by fire departments and |
25 | | fire protection districts,
non-State peace officers and peace |
26 | | officers in the State
Department of State Police, a single |
|
| | SB0525 Enrolled | - 30 - | LRB102 11394 RJF 16727 b |
|
|
1 | | bargaining unit determined by the
Board may not include both |
2 | | supervisors and nonsupervisors, except for
bargaining units in |
3 | | existence on the effective date of this Act. With
respect to |
4 | | non-State fire fighters and paramedics employed by fire
|
5 | | departments and fire protection districts, non-State peace |
6 | | officers and
peace officers in the State Department of State |
7 | | Police, a single bargaining
unit determined by the Board may |
8 | | not include both supervisors and
nonsupervisors, except for |
9 | | bargaining units in existence on the effective
date of this |
10 | | amendatory Act of 1985.
|
11 | | In cases involving an historical pattern of recognition, |
12 | | and in cases where
the employer has recognized the union as the |
13 | | sole and exclusive bargaining
agent for a specified existing |
14 | | unit, the Board shall find the employees
in the unit then |
15 | | represented by the union pursuant to the recognition to
be the |
16 | | appropriate unit.
|
17 | | Notwithstanding the above factors, where the majority of |
18 | | public employees
of a craft so decide, the Board shall |
19 | | designate such craft as a unit
appropriate for the purposes of |
20 | | collective bargaining.
|
21 | | The Board shall not decide that any unit is appropriate if |
22 | | such unit
includes both professional and nonprofessional |
23 | | employees, unless a majority
of each group votes for inclusion |
24 | | in such unit.
|
25 | | (c) Nothing in this Act shall interfere with or negate the |
26 | | current
representation rights or patterns and practices of |
|
| | SB0525 Enrolled | - 31 - | LRB102 11394 RJF 16727 b |
|
|
1 | | labor organizations
which have historically represented public |
2 | | employees for the purpose of
collective bargaining, including |
3 | | but not limited to the negotiations of
wages, hours and |
4 | | working conditions, discussions of employees' grievances,
|
5 | | resolution of jurisdictional disputes, or the establishment |
6 | | and maintenance
of prevailing wage rates, unless a majority of |
7 | | employees so represented
express a contrary desire pursuant to |
8 | | the procedures set forth in this Act.
|
9 | | (d) In instances where the employer does not voluntarily |
10 | | recognize a labor
organization as the exclusive bargaining |
11 | | representative for a unit of
employees, the Board shall |
12 | | determine the majority representative of the
public employees |
13 | | in an appropriate collective bargaining unit by conducting
a |
14 | | secret ballot election, except as otherwise provided in |
15 | | subsection (a-5).
Within 7 days after the Board issues its
|
16 | | bargaining unit determination and direction of election or the |
17 | | execution of
a stipulation for the purpose of a consent |
18 | | election, the public employer
shall submit to the labor |
19 | | organization the complete names and addresses of
those |
20 | | employees who are determined by the Board to be eligible to
|
21 | | participate in the election. When the Board has determined |
22 | | that a labor
organization has been fairly and freely chosen by |
23 | | a majority of employees
in an appropriate unit, it shall |
24 | | certify such organization as the exclusive
representative. If |
25 | | the Board determines that a majority of employees in an
|
26 | | appropriate unit has fairly and freely chosen not to be |
|
| | SB0525 Enrolled | - 32 - | LRB102 11394 RJF 16727 b |
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|
1 | | represented by a
labor organization, it shall so certify. The |
2 | | Board may also revoke the
certification of the public employee |
3 | | organizations as exclusive bargaining
representatives which |
4 | | have been found by a secret ballot election to be no
longer the |
5 | | majority representative.
|
6 | | (e) The Board shall not conduct an election in any |
7 | | bargaining unit or
any subdivision thereof within which a |
8 | | valid election has been held in the
preceding 12-month period. |
9 | | The Board shall determine who is eligible to
vote in an |
10 | | election and shall establish rules governing the conduct of |
11 | | the
election or conduct affecting the results of the election. |
12 | | The Board shall
include on a ballot in a representation |
13 | | election a choice of "no
representation". A labor organization |
14 | | currently representing the bargaining
unit of employees shall |
15 | | be placed on the ballot in any representation
election. In any |
16 | | election where none of the choices on the ballot receives
a |
17 | | majority, a runoff election shall be conducted between the 2 |
18 | | choices
receiving the largest number of valid votes cast in |
19 | | the election. A labor
organization which receives a majority |
20 | | of the votes cast in an election
shall be certified by the |
21 | | Board as exclusive representative of all public
employees in |
22 | | the unit.
|
23 | | (f) A labor
organization shall be designated as the |
24 | | exclusive representative by a
public employer, provided that |
25 | | the labor
organization represents a majority of the public |
26 | | employees in an
appropriate unit. Any employee organization |
|
| | SB0525 Enrolled | - 33 - | LRB102 11394 RJF 16727 b |
|
|
1 | | which is designated or selected
by the majority of public |
2 | | employees, in a unit of the public employer
having no other |
3 | | recognized or certified representative, as their
|
4 | | representative for purposes of collective bargaining may |
5 | | request
recognition by the public employer in writing. The |
6 | | public employer shall
post such request for a period of at |
7 | | least 20 days following its receipt
thereof on bulletin boards |
8 | | or other places used or reserved for employee
notices.
|
9 | | (g) Within the 20-day period any other interested employee |
10 | | organization
may petition the Board in the manner specified by |
11 | | rules and regulations
of the Board, provided that such |
12 | | interested employee organization has been
designated by at |
13 | | least 10% of the employees in an appropriate bargaining
unit |
14 | | which includes all or some of the employees in the unit |
15 | | recognized
by the employer. In such event, the Board shall |
16 | | proceed with the petition
in the same manner as provided by |
17 | | paragraph (1) of subsection (a) of this
Section.
|
18 | | (h) No election shall be directed by the Board in any |
19 | | bargaining unit
where there is in force a valid collective |
20 | | bargaining agreement. The Board,
however, may process an |
21 | | election petition filed between 90 and 60 days prior
to the |
22 | | expiration of the date of an agreement, and may further |
23 | | refine, by
rule or decision, the implementation of this |
24 | | provision.
Where more than 4 years have elapsed since the |
25 | | effective date of the agreement,
the agreement shall continue |
26 | | to bar an election, except that the Board may
process an |
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1 | | election petition filed between 90 and 60 days prior to the end |
2 | | of
the fifth year of such an agreement, and between 90 and 60 |
3 | | days prior to the
end of each successive year of such |
4 | | agreement.
|
5 | | (i) An order of the Board dismissing a representation |
6 | | petition,
determining and certifying that a labor organization |
7 | | has been fairly and
freely chosen by a majority of employees in |
8 | | an appropriate bargaining unit,
determining and certifying |
9 | | that a labor organization has not been fairly
and freely |
10 | | chosen by a majority of employees in the bargaining unit or
|
11 | | certifying a labor organization as the exclusive |
12 | | representative of
employees in an appropriate bargaining unit |
13 | | because of a determination by
the Board that the labor |
14 | | organization is the historical bargaining
representative of |
15 | | employees in the bargaining unit, is a final order. Any
person |
16 | | aggrieved by any such order issued on or after the effective |
17 | | date of
this amendatory Act of 1987 may apply for and obtain |
18 | | judicial review in
accordance with provisions of the |
19 | | Administrative Review Law, as now or
hereafter amended, except |
20 | | that such review shall be afforded directly in
the Appellate |
21 | | Court for the district in which the aggrieved party resides
or |
22 | | transacts business.
Any direct appeal to the Appellate Court |
23 | | shall be filed within 35 days from
the date that a copy of the |
24 | | decision sought to be reviewed was served upon the
party |
25 | | affected by the decision.
|
26 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
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1 | | (5 ILCS 315/21.5) |
2 | | Sec. 21.5. Termination of certain agreements after |
3 | | constitutional officers take office. |
4 | | (a) No collective bargaining agreement entered into, on or |
5 | | after the effective date of this amendatory Act of the 96th |
6 | | General Assembly between an executive branch constitutional |
7 | | officer or any agency or department of an executive branch |
8 | | constitutional officer and a labor organization may extend |
9 | | more than 12 months after the date on beyond June 30th of the |
10 | | year in which the terms of office of executive branch |
11 | | constitutional officers begin. |
12 | | (b) No collective bargaining agreement entered into, on or |
13 | | after the effective date of this amendatory Act of the 96th |
14 | | General Assembly between an executive branch constitutional |
15 | | officer or any agency or department of an executive branch |
16 | | constitutional officer and a labor organization may provide |
17 | | for an increase in salary, wages, or benefits starting on or |
18 | | after the first day of the terms of office of executive branch |
19 | | constitutional officers and ending June 30th of that same |
20 | | year. The provisions of this subsection (b) shall not apply to |
21 | | salary, pay schedules, or benefits that would continue because |
22 | | of the duty to maintain the status quo and to bargain in good |
23 | | faith. |
24 | | (c) Any collective bargaining agreement in violation of |
25 | | this Section is terminated and rendered null and void by |