Sen. Omar Aquino

Filed: 4/22/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 525

2    AMENDMENT NO. ______. Amend Senate Bill 525 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 9, and 21.5 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.

 

 

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

 

 

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1political subdivision of the State before July 1, 1984 (the
2effective date of this Act) as the exclusive representative of
3the employees in an appropriate bargaining unit, (iii) after
4July 1, 1984 (the effective date of this Act) recognized by an
5employer upon evidence, acceptable to the Board, that the
6labor organization has been designated as the exclusive
7representative by a majority of the employees in an
8appropriate bargaining unit; (iv) recognized as the exclusive
9representative of personal assistants under Executive Order
102003-8 prior to the effective date of this amendatory Act of
11the 93rd General Assembly, and the organization shall be
12considered to be the exclusive representative of the personal
13assistants as defined in this Section; or (v) recognized as
14the exclusive representative of child and day care home
15providers, including licensed and license exempt providers,
16pursuant to an election held under Executive Order 2005-1
17prior to the effective date of this amendatory Act of the 94th
18General Assembly, and the organization shall be considered to
19be the exclusive representative of the child and day care home
20providers as defined in this Section.
21    With respect to non-State fire fighters and paramedics
22employed by fire departments and fire protection districts,
23non-State peace officers, and peace officers in the Department
24of State Police, "exclusive representative" means the labor
25organization that has been (i) designated by the Board as the
26representative of a majority of peace officers or fire

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1only, any persons who have been or are hereafter appointed to a
2police force, department, or agency and sworn or commissioned
3to perform police duties, except that the following persons
4are not included: part-time police officers, special police
5officers, auxiliary police as defined by Section 3.1-30-20 of
6the Illinois Municipal Code, night watchmen, "merchant
7police", court security officers as defined by Section
83-6012.1 of the Counties Code, temporary employees, traffic
9guards or wardens, civilian parking meter and parking
10facilities personnel or other individuals specially appointed
11to aid or direct traffic at or near schools or public functions
12or to aid in civil defense or disaster, parking enforcement
13employees who are not commissioned as peace officers and who
14are not armed and who are not routinely expected to effect
15arrests, parking lot attendants, clerks and dispatchers or
16other civilian employees of a police department who are not
17routinely expected to effect arrests, or elected officials.
18    (l) "Person" includes one or more individuals, labor
19organizations, public employees, associations, corporations,
20legal representatives, trustees, trustees in bankruptcy,
21receivers, or the State of Illinois or any political
22subdivision of the State or governing body, but does not
23include the General Assembly of the State of Illinois or any
24individual employed by the General Assembly of the State of
25Illinois.
26    (m) "Professional employee" means any employee engaged in

 

 

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1work predominantly intellectual and varied in character rather
2than routine mental, manual, mechanical or physical work;
3involving the consistent exercise of discretion and adjustment
4in its performance; of such a character that the output
5produced or the result accomplished cannot be standardized in
6relation to a given period of time; and requiring advanced
7knowledge in a field of science or learning customarily
8acquired by a prolonged course of specialized intellectual
9instruction and study in an institution of higher learning or
10a hospital, as distinguished from a general academic education
11or from apprenticeship or from training in the performance of
12routine mental, manual, or physical processes; or any employee
13who has completed the courses of specialized intellectual
14instruction and study prescribed in this subsection (m) and is
15performing related work under the supervision of a
16professional person to qualify to become a professional
17employee as defined in this subsection (m).
18    (n) "Public employee" or "employee", for the purposes of
19this Act, means any individual employed by a public employer,
20including (i) interns and residents at public hospitals, (ii)
21as of the effective date of this amendatory Act of the 93rd
22General Assembly, but not before, personal assistants working
23under the Home Services Program under Section 3 of the
24Rehabilitation of Persons with Disabilities Act, subject to
25the limitations set forth in this Act and in the
26Rehabilitation of Persons with Disabilities Act, (iii) as of

 

 

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1the effective date of this amendatory Act of the 94th General
2Assembly, but not before, child and day care home providers
3participating in the child care assistance program under
4Section 9A-11 of the Illinois Public Aid Code, subject to the
5limitations set forth in this Act and in Section 9A-11 of the
6Illinois Public Aid Code, (iv) as of January 29, 2013 (the
7effective date of Public Act 97-1158), but not before except
8as otherwise provided in this subsection (n), home care and
9home health workers who function as personal assistants and
10individual maintenance home health workers and who also work
11under the Home Services Program under Section 3 of the
12Rehabilitation of Persons with Disabilities Act, no matter
13whether the State provides those services through direct
14fee-for-service arrangements, with the assistance of a managed
15care organization or other intermediary, or otherwise, (v)
16beginning on the effective date of this amendatory Act of the
1798th General Assembly and notwithstanding any other provision
18of this Act, any person employed by a public employer and who
19is classified as or who holds the employment title of Chief
20Stationary Engineer, Assistant Chief Stationary Engineer,
21Sewage Plant Operator, Water Plant Operator, Stationary
22Engineer, Plant Operating Engineer, and any other employee who
23holds the position of: Civil Engineer V, Civil Engineer VI,
24Civil Engineer VII, Technical Manager I, Technical Manager II,
25Technical Manager III, Technical Manager IV, Technical Manager
26V, Technical Manager VI, Realty Specialist III, Realty

 

 

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1Specialist IV, Realty Specialist V, Technical Advisor I,
2Technical Advisor II, Technical Advisor III, Technical Advisor
3IV, or Technical Advisor V employed by the Department of
4Transportation who is in a position which is certified in a
5bargaining unit on or before the effective date of this
6amendatory Act of the 98th General Assembly, and (vi)
7beginning on the effective date of this amendatory Act of the
898th General Assembly and notwithstanding any other provision
9of this Act, any mental health administrator in the Department
10of Corrections who is classified as or who holds the position
11of Public Service Administrator (Option 8K), any employee of
12the Office of the Inspector General in the Department of Human
13Services who is classified as or who holds the position of
14Public Service Administrator (Option 7), any Deputy of
15Intelligence in the Department of Corrections who is
16classified as or who holds the position of Public Service
17Administrator (Option 7), and any employee of the Department
18of State Police who handles issues concerning the Illinois
19State Police Sex Offender Registry and who is classified as or
20holds the position of Public Service Administrator (Option 7),
21but excluding all of the following: employees of the General
22Assembly of the State of Illinois; elected officials;
23executive heads of a department; members of boards or
24commissions; the Executive Inspectors General; any special
25Executive Inspectors General; employees of each Office of an
26Executive Inspector General; commissioners and employees of

 

 

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1the Executive Ethics Commission; the Auditor General's
2Inspector General; employees of the Office of the Auditor
3General's Inspector General; the Legislative Inspector
4General; any special Legislative Inspectors General; employees
5of the Office of the Legislative Inspector General;
6commissioners and employees of the Legislative Ethics
7Commission; employees of any agency, board or commission
8created by this Act; employees appointed to State positions of
9a temporary or emergency nature; all employees of school
10districts and higher education institutions except
11firefighters and peace officers employed by a state university
12and except peace officers employed by a school district in its
13own police department in existence on the effective date of
14this amendatory Act of the 96th General Assembly; managerial
15employees; short-term employees; legislative liaisons; a
16person who is a State employee under the jurisdiction of the
17Office of the Attorney General who is licensed to practice law
18or whose position authorizes, either directly or indirectly,
19meaningful input into government decision-making on issues
20where there is room for principled disagreement on goals or
21their implementation; a person who is a State employee under
22the jurisdiction of the Office of the Comptroller who holds
23the position of Public Service Administrator or whose position
24is otherwise exempt under the Comptroller Merit Employment
25Code; a person who is a State employee under the jurisdiction
26of the Secretary of State who holds the position

 

 

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1classification of Executive I or higher, whose position
2authorizes, either directly or indirectly, meaningful input
3into government decision-making on issues where there is room
4for principled disagreement on goals or their implementation,
5or who is otherwise exempt under the Secretary of State Merit
6Employment Code; employees in the Office of the Secretary of
7State who are completely exempt from jurisdiction B of the
8Secretary of State Merit Employment Code and who are in
9Rutan-exempt positions on or after April 5, 2013 (the
10effective date of Public Act 97-1172); a person who is a State
11employee under the jurisdiction of the Treasurer who holds a
12position that is exempt from the State Treasurer Employment
13Code; any employee of a State agency who (i) holds the title or
14position of, or exercises substantially similar duties as a
15legislative liaison, Agency General Counsel, Agency Chief of
16Staff, Agency Executive Director, Agency Deputy Director,
17Agency Chief Fiscal Officer, Agency Human Resources Director,
18Public Information Officer, or Chief Information Officer and
19(ii) was neither included in a bargaining unit nor subject to
20an active petition for certification in a bargaining unit; any
21employee of a State agency who (i) is in a position that is
22Rutan-exempt, as designated by the employer, and completely
23exempt from jurisdiction B of the Personnel Code and (ii) was
24neither included in a bargaining unit nor subject to an active
25petition for certification in a bargaining unit; any term
26appointed employee of a State agency pursuant to Section 8b.18

 

 

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1or 8b.19 of the Personnel Code who was neither included in a
2bargaining unit nor subject to an active petition for
3certification in a bargaining unit; any employment position
4properly designated pursuant to Section 6.1 of this Act;
5confidential employees; independent contractors; and
6supervisors except as provided in this Act.
7    Home care and home health workers who function as personal
8assistants and individual maintenance home health workers and
9who also work under the Home Services Program under Section 3
10of the Rehabilitation of Persons with Disabilities Act shall
11not be considered public employees for any purposes not
12specifically provided for in Public Act 93-204 or Public Act
1397-1158, including but not limited to, purposes of vicarious
14liability in tort and purposes of statutory retirement or
15health insurance benefits. Home care and home health workers
16who function as personal assistants and individual maintenance
17home health workers and who also work under the Home Services
18Program under Section 3 of the Rehabilitation of Persons with
19Disabilities Act shall not be covered by the State Employees
20Group Insurance Act of 1971 (5 ILCS 375/).
21    Child and day care home providers shall not be considered
22public employees for any purposes not specifically provided
23for in this amendatory Act of the 94th General Assembly,
24including but not limited to, purposes of vicarious liability
25in tort and purposes of statutory retirement or health
26insurance benefits. Child and day care home providers shall

 

 

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1not be covered by the State Employees Group Insurance Act of
21971.
3    Notwithstanding Section 9, subsection (c), or any other
4provisions of this Act, all peace officers above the rank of
5captain in municipalities with more than 1,000,000 inhabitants
6shall be excluded from this Act.
7    (o) Except as otherwise in subsection (o-5), "public
8employer" or "employer" means the State of Illinois; any
9political subdivision of the State, unit of local government
10or school district; authorities including departments,
11divisions, bureaus, boards, commissions, or other agencies of
12the foregoing entities; and any person acting within the scope
13of his or her authority, express or implied, on behalf of those
14entities in dealing with its employees. As of the effective
15date of the amendatory Act of the 93rd General Assembly, but
16not before, the State of Illinois shall be considered the
17employer of the personal assistants working under the Home
18Services Program under Section 3 of the Rehabilitation of
19Persons with Disabilities Act, subject to the limitations set
20forth in this Act and in the Rehabilitation of Persons with
21Disabilities Act. As of January 29, 2013 (the effective date
22of Public Act 97-1158), but not before except as otherwise
23provided in this subsection (o), the State shall be considered
24the employer of home care and home health workers who function
25as personal assistants and individual maintenance home health
26workers and who also work under the Home Services Program

 

 

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1under Section 3 of the Rehabilitation of Persons with
2Disabilities Act, no matter whether the State provides those
3services through direct fee-for-service arrangements, with the
4assistance of a managed care organization or other
5intermediary, or otherwise, but subject to the limitations set
6forth in this Act and the Rehabilitation of Persons with
7Disabilities Act. The State shall not be considered to be the
8employer of home care and home health workers who function as
9personal assistants and individual maintenance home health
10workers and who also work under the Home Services Program
11under Section 3 of the Rehabilitation of Persons with
12Disabilities Act, for any purposes not specifically provided
13for in Public Act 93-204 or Public Act 97-1158, including but
14not limited to, purposes of vicarious liability in tort and
15purposes of statutory retirement or health insurance benefits.
16Home care and home health workers who function as personal
17assistants and individual maintenance home health workers and
18who also work under the Home Services Program under Section 3
19of the Rehabilitation of Persons with Disabilities Act shall
20not be covered by the State Employees Group Insurance Act of
211971 (5 ILCS 375/). As of the effective date of this amendatory
22Act of the 94th General Assembly but not before, the State of
23Illinois shall be considered the employer of the day and child
24care home providers participating in the child care assistance
25program under Section 9A-11 of the Illinois Public Aid Code,
26subject to the limitations set forth in this Act and in Section

 

 

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19A-11 of the Illinois Public Aid Code. The State shall not be
2considered to be the employer of child and day care home
3providers for any purposes not specifically provided for in
4this amendatory Act of the 94th General Assembly, including
5but not limited to, purposes of vicarious liability in tort
6and purposes of statutory retirement or health insurance
7benefits. Child and day care home providers shall not be
8covered by the State Employees Group Insurance Act of 1971.
9    "Public employer" or "employer" as used in this Act,
10however, does not mean and shall not include the General
11Assembly of the State of Illinois, the Executive Ethics
12Commission, the Offices of the Executive Inspectors General,
13the Legislative Ethics Commission, the Office of the
14Legislative Inspector General, the Office of the Auditor
15General's Inspector General, the Office of the Governor, the
16Governor's Office of Management and Budget, the Illinois
17Finance Authority, the Office of the Lieutenant Governor, the
18State Board of Elections, and educational employers or
19employers as defined in the Illinois Educational Labor
20Relations Act, except with respect to a state university in
21its employment of firefighters and peace officers and except
22with respect to a school district in the employment of peace
23officers in its own police department in existence on the
24effective date of this amendatory Act of the 96th General
25Assembly. County boards and county sheriffs shall be
26designated as joint or co-employers of county peace officers

 

 

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1appointed under the authority of a county sheriff. Nothing in
2this subsection (o) shall be construed to prevent the State
3Panel or the Local Panel from determining that employers are
4joint or co-employers.
5    (o-5) With respect to wages, fringe benefits, hours,
6holidays, vacations, proficiency examinations, sick leave, and
7other conditions of employment, the public employer of public
8employees who are court reporters, as defined in the Court
9Reporters Act, shall be determined as follows:
10        (1) For court reporters employed by the Cook County
11    Judicial Circuit, the chief judge of the Cook County
12    Circuit Court is the public employer and employer
13    representative.
14        (2) For court reporters employed by the 12th, 18th,
15    19th, and, on and after December 4, 2006, the 22nd
16    judicial circuits, a group consisting of the chief judges
17    of those circuits, acting jointly by majority vote, is the
18    public employer and employer representative.
19        (3) For court reporters employed by all other judicial
20    circuits, a group consisting of the chief judges of those
21    circuits, acting jointly by majority vote, is the public
22    employer and employer representative.
23    (p) "Security employee" means an employee who is
24responsible for the supervision and control of inmates at
25correctional facilities. The term also includes other
26non-security employees in bargaining units having the majority

 

 

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1of employees being responsible for the supervision and control
2of inmates at correctional facilities.
3    (q) "Short-term employee" means an employee who is
4employed for less than 2 consecutive calendar quarters during
5a calendar year and who does not have a reasonable assurance
6that he or she will be rehired by the same employer for the
7same service in a subsequent calendar year.
8    (q-5) "State agency" means an agency directly responsible
9to the Governor, as defined in Section 3.1 of the Executive
10Reorganization Implementation Act, and the Illinois Commerce
11Commission, the Illinois Workers' Compensation Commission, the
12Civil Service Commission, the Pollution Control Board, the
13Illinois Racing Board, and the Department of State Police
14Merit Board.
15    (r) "Supervisor" is:
16        (1) An employee whose principal work is substantially
17    different from that of his or her subordinates and who has
18    authority, in the interest of the employer, to hire,
19    transfer, suspend, lay off, recall, promote, discharge,
20    direct, reward, or discipline employees, to adjust their
21    grievances, or to effectively recommend any of those
22    actions, if the exercise of that authority is not of a
23    merely routine or clerical nature, but requires the
24    consistent use of independent judgment. Except with
25    respect to police employment, the term "supervisor"
26    includes only those individuals who devote a preponderance

 

 

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1    of their employment time to exercising that authority,
2    State supervisors notwithstanding. Determinations of
3    supervisor status shall be based on actual employee job
4    duties and not solely on written job descriptions. Nothing
5    in this definition prohibits an individual from also
6    meeting the definition of "managerial employee" under
7    subsection (j) of this Section. In addition, in
8    determining supervisory status in police employment, rank
9    shall not be determinative. The Board shall consider, as
10    evidence of bargaining unit inclusion or exclusion, the
11    common law enforcement policies and relationships between
12    police officer ranks and certification under applicable
13    civil service law, ordinances, personnel codes, or
14    Division 2.1 of Article 10 of the Illinois Municipal Code,
15    but these factors shall not be the sole or predominant
16    factors considered by the Board in determining police
17    supervisory status.
18        Notwithstanding the provisions of the preceding
19    paragraph, in determining supervisory status in fire
20    fighter employment, no fire fighter shall be excluded as a
21    supervisor who has established representation rights under
22    Section 9 of this Act. Further, in new fire fighter units,
23    employees shall consist of fire fighters of the rank of
24    company officer and below. If a company officer otherwise
25    qualifies as a supervisor under the preceding paragraph,
26    however, he or she shall not be included in the fire

 

 

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1    fighter unit. If there is no rank between that of chief and
2    the highest company officer, the employer may designate a
3    position on each shift as a Shift Commander, and the
4    persons occupying those positions shall be supervisors.
5    All other ranks above that of company officer shall be
6    supervisors.
7        (2) With respect only to State employees in positions
8    under the jurisdiction of the Attorney General, Secretary
9    of State, Comptroller, or Treasurer (i) that were
10    certified in a bargaining unit on or after December 2,
11    2008, (ii) for which a petition is filed with the Illinois
12    Public Labor Relations Board on or after April 5, 2013
13    (the effective date of Public Act 97-1172), or (iii) for
14    which a petition is pending before the Illinois Public
15    Labor Relations Board on that date, an employee who
16    qualifies as a supervisor under (A) Section 152 of the
17    National Labor Relations Act and (B) orders of the
18    National Labor Relations Board interpreting that provision
19    or decisions of courts reviewing decisions of the National
20    Labor Relations Board.
21    (s)(1) "Unit" means a class of jobs or positions that are
22held by employees whose collective interests may suitably be
23represented by a labor organization for collective bargaining.
24Except with respect to non-State fire fighters and paramedics
25employed by fire departments and fire protection districts,
26non-State peace officers, and peace officers in the Department

 

 

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1of State Police, a bargaining unit determined by the Board
2shall not include both employees and supervisors, or
3supervisors only, except as provided in paragraph (2) of this
4subsection (s) and except for bargaining units in existence on
5July 1, 1984 (the effective date of this Act). With respect to
6non-State fire fighters and paramedics employed by fire
7departments and fire protection districts, non-State peace
8officers, and peace officers in the Department of State
9Police, a bargaining unit determined by the Board shall not
10include both supervisors and nonsupervisors, or supervisors
11only, except as provided in paragraph (2) of this subsection
12(s) and except for bargaining units in existence on January 1,
131986 (the effective date of this amendatory Act of 1985). A
14bargaining unit determined by the Board to contain peace
15officers shall contain no employees other than peace officers
16unless otherwise agreed to by the employer and the labor
17organization or labor organizations involved. Notwithstanding
18any other provision of this Act, a bargaining unit, including
19a historical bargaining unit, containing sworn peace officers
20of the Department of Natural Resources (formerly designated
21the Department of Conservation) shall contain no employees
22other than such sworn peace officers upon the effective date
23of this amendatory Act of 1990 or upon the expiration date of
24any collective bargaining agreement in effect upon the
25effective date of this amendatory Act of 1990 covering both
26such sworn peace officers and other employees. In bargaining

 

 

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1units created after the effective date of this amendatory Act
2of the 102nd General Assembly, a bargaining unit determined by
3the Board shall not include both employees and managerial
4employees, or managerial employees only, except as provided in
5paragraph (4) of this subsection (s).
6    (2) Notwithstanding the exclusion of supervisors from
7bargaining units as provided in paragraph (1) of this
8subsection (s), a public employer may agree to permit its
9supervisory employees to form bargaining units and may bargain
10with those units. This Act shall apply if the public employer
11chooses to bargain under this subsection. Changes to
12bargaining units formed under this paragraph (2) shall be made
13only in accordance with Section 9.
14    (3) Public employees who are court reporters, as defined
15in the 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,
1919th, and, on and after December 4, 2006, the 22nd judicial
20circuits; and one unit shall be court reporters employed by
21all other judicial circuits.
22    (4) Notwithstanding the exclusion of managerial employees
23from bargaining units as provided in paragraph (1) of this
24subsection (s), a public employer may agree to permit its
25managerial employees to form bargaining units and may bargain
26with those units. This Act shall apply if the public employer

 

 

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1chooses to bargain under this subsection (s). Changes to
2bargaining units formed under this paragraph (4) shall be made
3only in accordance with Section 9.
4    (t) "Active petition for certification in a bargaining
5unit" means a petition for certification filed with the Board
6under one of the following case numbers: S-RC-11-110;
7S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
8S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
9S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
10S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
11S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
12S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
13S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
14S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
15S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
16S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
17S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
18S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
19S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
20S-RC-07-100.
21(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
22    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
23    Sec. 9. Elections; recognition.
24    (a) Whenever in accordance with such regulations as may be
25prescribed by the Board a petition has been filed:

 

 

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1        (1) by a public employee or group of public employees
2    or any labor organization acting in their behalf
3    demonstrating that 30% of the public employees in an
4    appropriate unit (A) wish to be represented for the
5    purposes of collective bargaining by a labor organization
6    as exclusive representative, or (B) asserting that the
7    labor organization which has been certified or is
8    currently recognized by the public employer as bargaining
9    representative is no longer the representative of the
10    majority of public employees in the unit; or
11        (2) by a public employer alleging that one or more
12    labor organizations have presented to it a claim that they
13    be recognized as the representative of a majority of the
14    public employees in an appropriate unit,
15the Board shall investigate such petition, and if it has
16reasonable cause to believe that a question of representation
17exists, shall provide for an appropriate hearing upon due
18notice. Such hearing shall be held at the offices of the Board
19or such other location as the Board deems appropriate. If it
20finds upon the record of the hearing that a question of
21representation exists, it shall direct an election in
22accordance with subsection (d) of this Section, which election
23shall be held not later than 120 days after the date the
24petition was filed regardless of whether that petition was
25filed before or after the effective date of this amendatory
26Act of 1987; provided, however, the Board may extend the time

 

 

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1for holding an election by an additional 60 days if, upon
2motion by a person who has filed a petition under this Section
3or is the subject of a petition filed under this Section and is
4a party to such hearing, or upon the Board's own motion, the
5Board finds that good cause has been shown for extending the
6election date; provided further, that nothing in this Section
7shall prohibit the Board, in its discretion, from extending
8the time for holding an election for so long as may be
9necessary under the circumstances, where the purpose for such
10extension is to permit resolution by the Board of an unfair
11labor practice charge filed by one of the parties to a
12representational proceeding against the other based upon
13conduct which may either affect the existence of a question
14concerning representation or have a tendency to interfere with
15a fair and free election, where the party filing the charge has
16not filed a request to proceed with the election; and provided
17further that prior to the expiration of the total time
18allotted for holding an election, a person who has filed a
19petition under this Section or is the subject of a petition
20filed under this Section and is a party to such hearing or the
21Board, may move for and obtain the entry of an order in the
22circuit court of the county in which the majority of the public
23employees sought to be represented by such person reside, such
24order extending the date upon which the election shall be
25held. Such order shall be issued by the circuit court only upon
26a judicial finding that there has been a sufficient showing

 

 

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1that there is good cause to extend the election date beyond
2such period and shall require the Board to hold the election as
3soon as is feasible given the totality of the circumstances.
4Such 120 day period may be extended one or more times by the
5agreement of all parties to the hearing to a date certain
6without the necessity of obtaining a court order. Nothing in
7this Section prohibits the waiving of hearings by stipulation
8for the purpose of a consent election in conformity with the
9rules and regulations of the Board or an election in a unit
10agreed upon by the parties. Other interested employee
11organizations may intervene in the proceedings in the manner
12and within the time period specified by rules and regulations
13of the Board. Interested parties who are necessary to the
14proceedings may also intervene in the proceedings in the
15manner and within the time period specified by the rules and
16regulations of the Board.
17    (a-5) The Board shall designate an exclusive
18representative for purposes of collective bargaining when the
19representative demonstrates a showing of majority interest by
20employees in the unit. If the parties to a dispute are without
21agreement on the means to ascertain the choice, if any, of
22employee organization as their representative, the Board shall
23ascertain the employees' choice of employee organization, on
24the basis of dues deduction authorization or other evidence,
25or, if necessary, by conducting an election. All evidence
26submitted by an employee organization to the Board to

 

 

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1ascertain an employee's choice of an employee organization is
2confidential and shall not be submitted to the employer for
3review. The Board shall ascertain the employee's choice of
4employee organization within 120 days after the filing of the
5majority interest petition; however, the Board may extend time
6by an additional 60 days, upon its own motion or upon the
7motion of a party to the proceeding. If either party provides
8to the Board, before the designation of a representative,
9clear and convincing evidence that the dues deduction
10authorizations, and other evidence upon which the Board would
11otherwise rely to ascertain the employees' choice of
12representative, are fraudulent or were obtained through
13coercion, the Board shall promptly thereafter conduct an
14election. The Board shall also investigate and consider a
15party's allegations that the dues deduction authorizations and
16other evidence submitted in support of a designation of
17representative without an election were subsequently changed,
18altered, withdrawn, or withheld as a result of employer fraud,
19coercion, or any other unfair labor practice by the employer.
20If the Board determines that a labor organization would have
21had a majority interest but for an employer's fraud, coercion,
22or unfair labor practice, it shall designate the labor
23organization as an exclusive representative without conducting
24an election. If a hearing is necessary to resolve any issues of
25representation under this Section, the Board shall conclude
26its hearing process and issue a certification of the entire

 

 

10200SB0525sam001- 29 -LRB102 11394 RJF 25788 a

1appropriate unit not later than 120 days after the date the
2petition was filed. The 120-day period may be extended one or
3more times by the agreement of all parties to a hearing to a
4date certain.
5    (a-6) A labor organization or an employer may file a unit
6clarification petition seeking to clarify an existing
7bargaining unit. Unit clarification petitions may be filed if:
8(1) substantial changes occur in the duties and functions of
9an existing job title, raising an issue as to the title's unit
10placement; (2) an existing job title that is logically
11encompassed within the existing unit was inadvertently
12excluded by the parties at the time the unit was established;
13(3) a newly created job title is logically encompassed within
14an existing unit; (4) a significant change takes place in
15statute or case law that affects the bargaining rights of
16employees; (5) a determination needs to be made as to the unit
17placement of positions in dispute following a majority
18interest certification of representative issued under
19subsection (a-5); (6) a determination needs to be made as to
20the unit placement of positions in dispute following a
21certification of representative issued following a direction
22of election under subsection (d); (7) the parties have agreed
23to eliminate a position or title because the employer no
24longer uses it; (8) the parties have agreed to exclude some of
25the positions in a title or classification from a bargaining
26unit and include others; or (9) as prescribed in rules set by

 

 

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1the Board. The Board shall conclude its investigation,
2including any hearing process deemed necessary, and issue a
3certification of clarified unit or dismiss the petition not
4later than 120 days after the date the petition was filed. The
5120-day period may be extended one or more times by the
6agreement of all parties to a hearing to a date certain.
7    (b) The Board shall decide in each case, in order to assure
8public employees the fullest freedom in exercising the rights
9guaranteed by this Act, a unit appropriate for the purpose of
10collective bargaining, based upon but not limited to such
11factors as: historical pattern of recognition; community of
12interest including employee skills and functions; degree of
13functional integration; interchangeability and contact among
14employees; fragmentation of employee groups; common
15supervision, wages, hours and other working conditions of the
16employees involved; and the desires of the employees. For
17purposes of this subsection, fragmentation shall not be the
18sole or predominant factor used by the Board in determining an
19appropriate bargaining unit. Except with respect to non-State
20fire fighters and paramedics employed by fire departments and
21fire protection districts, non-State peace officers and peace
22officers in the State Department of State Police, a single
23bargaining unit determined by the Board may not include both
24supervisors and nonsupervisors, except for bargaining units in
25existence on the effective date of this Act. With respect to
26non-State fire fighters and paramedics employed by fire

 

 

10200SB0525sam001- 31 -LRB102 11394 RJF 25788 a

1departments and fire protection districts, non-State peace
2officers and peace officers in the State Department of State
3Police, a single bargaining unit determined by the Board may
4not include both supervisors and nonsupervisors, except for
5bargaining units in existence on the effective date of this
6amendatory Act of 1985.
7    In cases involving an historical pattern of recognition,
8and in cases where the employer has recognized the union as the
9sole and exclusive bargaining agent for a specified existing
10unit, the Board shall find the employees in the unit then
11represented by the union pursuant to the recognition to be the
12appropriate unit.
13    Notwithstanding the above factors, where the majority of
14public employees of a craft so decide, the Board shall
15designate such craft as a unit appropriate for the purposes of
16collective bargaining.
17    The Board shall not decide that any unit is appropriate if
18such unit includes both professional and nonprofessional
19employees, unless a majority of each group votes for inclusion
20in such unit.
21    In describing the unit found appropriate for purposes of
22collective bargaining, the Board shall, at a party's request,
23describe the unit in job function terms rather than by job
24titles. Unit descriptions may also include those currently
25existing job titles that perform the job functions. A
26bargaining unit shall also include positions later filled that

 

 

10200SB0525sam001- 32 -LRB102 11394 RJF 25788 a

1perform the job functions of a unit and job titles later
2created that: (i) are successor job titles to the currently
3existing job titles; (ii) perform the same or substantially
4similar job functions as the currently existing job titles; or
5(iii) are logically encompassed within an existing unit. The
6provisions of this paragraph shall apply to bargaining units
7in existence on the effective date of this amendatory Act of
8the 102nd General Assembly.
9    (c) Nothing in this Act shall interfere with or negate the
10current representation rights or patterns and practices of
11labor organizations which have historically represented public
12employees for the purpose of collective bargaining, including
13but not limited to the negotiations of wages, hours and
14working conditions, discussions of employees' grievances,
15resolution of jurisdictional disputes, or the establishment
16and maintenance of prevailing wage rates, unless a majority of
17employees so represented express a contrary desire pursuant to
18the procedures set forth in this Act.
19    (d) In instances where the employer does not voluntarily
20recognize a labor organization as the exclusive bargaining
21representative for a unit of employees, the Board shall
22determine the majority representative of the public employees
23in an appropriate collective bargaining unit by conducting a
24secret ballot election, except as otherwise provided in
25subsection (a-5). Within 7 days after the Board issues its
26bargaining unit determination and direction of election or the

 

 

10200SB0525sam001- 33 -LRB102 11394 RJF 25788 a

1execution of a stipulation for the purpose of a consent
2election, the public employer shall submit to the labor
3organization the complete names and addresses of those
4employees who are determined by the Board to be eligible to
5participate in the election. When the Board has determined
6that a labor organization has been fairly and freely chosen by
7a majority of employees in an appropriate unit, it shall
8certify such organization as the exclusive representative. If
9the Board determines that a majority of employees in an
10appropriate unit has fairly and freely chosen not to be
11represented by a labor organization, it shall so certify. The
12Board may also revoke the certification of the public employee
13organizations as exclusive bargaining representatives which
14have been found by a secret ballot election to be no longer the
15majority representative.
16    (e) The Board shall not conduct an election in any
17bargaining unit or any subdivision thereof within which a
18valid election has been held in the preceding 12-month period.
19The Board shall determine who is eligible to vote in an
20election and shall establish rules governing the conduct of
21the election or conduct affecting the results of the election.
22The Board shall include on a ballot in a representation
23election a choice of "no representation". A labor organization
24currently representing the bargaining unit of employees shall
25be placed on the ballot in any representation election. In any
26election where none of the choices on the ballot receives a

 

 

10200SB0525sam001- 34 -LRB102 11394 RJF 25788 a

1majority, a runoff election shall be conducted between the 2
2choices receiving the largest number of valid votes cast in
3the election. A labor organization which receives a majority
4of the votes cast in an election shall be certified by the
5Board as exclusive representative of all public employees in
6the unit.
7    (f) A labor organization shall be designated as the
8exclusive representative by a public employer, provided that
9the labor organization represents a majority of the public
10employees in an appropriate unit. Any employee organization
11which is designated or selected by the majority of public
12employees, in a unit of the public employer having no other
13recognized or certified representative, as their
14representative for purposes of collective bargaining may
15request recognition by the public employer in writing. The
16public employer shall post such request for a period of at
17least 20 days following its receipt thereof on bulletin boards
18or other places used or reserved for employee notices.
19    (g) Within the 20-day period any other interested employee
20organization may petition the Board in the manner specified by
21rules and regulations of the Board, provided that such
22interested employee organization has been designated by at
23least 10% of the employees in an appropriate bargaining unit
24which includes all or some of the employees in the unit
25recognized by the employer. In such event, the Board shall
26proceed with the petition in the same manner as provided by

 

 

10200SB0525sam001- 35 -LRB102 11394 RJF 25788 a

1paragraph (1) of subsection (a) of this Section.
2    (h) No election shall be directed by the Board in any
3bargaining unit where there is in force a valid collective
4bargaining agreement. The Board, however, may process an
5election petition filed between 90 and 60 days prior to the
6expiration of the date of an agreement, and may further
7refine, by rule or decision, the implementation of this
8provision. Where more than 4 years have elapsed since the
9effective date of the agreement, the agreement shall continue
10to bar an election, except that the Board may process an
11election petition filed between 90 and 60 days prior to the end
12of the fifth year of such an agreement, and between 90 and 60
13days prior to the end of each successive year of such
14agreement.
15    (i) An order of the Board dismissing a representation
16petition, determining and certifying that a labor organization
17has been fairly and freely chosen by a majority of employees in
18an appropriate bargaining unit, determining and certifying
19that a labor organization has not been fairly and freely
20chosen by a majority of employees in the bargaining unit or
21certifying a labor organization as the exclusive
22representative of employees in an appropriate bargaining unit
23because of a determination by the Board that the labor
24organization is the historical bargaining representative of
25employees in the bargaining unit, is a final order. Any person
26aggrieved by any such order issued on or after the effective

 

 

10200SB0525sam001- 36 -LRB102 11394 RJF 25788 a

1date of this amendatory Act of 1987 may apply for and obtain
2judicial review in accordance with provisions of the
3Administrative Review Law, as now or hereafter amended, except
4that such review shall be afforded directly in the Appellate
5Court for the district in which the aggrieved party resides or
6transacts business. Any direct appeal to the Appellate Court
7shall be filed within 35 days from the date that a copy of the
8decision sought to be reviewed was served upon the party
9affected by the decision.
10(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
11    (5 ILCS 315/21.5)
12    Sec. 21.5. Termination of certain agreements after
13constitutional officers take office.
14    (a) No collective bargaining agreement entered into, on or
15after the effective date of this amendatory Act of the 96th
16General Assembly between an executive branch constitutional
17officer or any agency or department of an executive branch
18constitutional officer and a labor organization may extend
19more than 12 months after the date on beyond June 30th of the
20year in which the terms of office of executive branch
21constitutional officers begin.
22    (b) No collective bargaining agreement entered into, on or
23after the effective date of this amendatory Act of the 96th
24General Assembly between an executive branch constitutional
25officer or any agency or department of an executive branch

 

 

10200SB0525sam001- 37 -LRB102 11394 RJF 25788 a

1constitutional officer and a labor organization may provide
2for an increase in salary, wages, or benefits starting on or
3after the first day of the terms of office of executive branch
4constitutional officers and ending June 30th of that same
5year. The provisions of this subsection (b) shall not apply to
6salary, pay schedules, or benefits that would continue because
7of the duty to maintain the status quo and to bargain in good
8faith.
9    (c) Any collective bargaining agreement in violation of
10this Section is terminated and rendered null and void by
11operation of law.
12    (d) For purposes of this Section, "executive branch
13constitutional officer" has the same meaning as that term is
14defined in the State Officials and Employees Ethics Act.
15(Source: P.A. 96-1529, eff. 2-16-11.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".