Rep. Gregg Johnson

Filed: 4/16/2024

 

 


 

 


 
10300HB5089ham002LRB103 35983 BDA 72120 a

1
AMENDMENT TO HOUSE BILL 5089

2    AMENDMENT NO. ______. Amend House Bill 5089 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.

 

 

10300HB5089ham002- 2 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 3 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 4 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 5 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 6 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 7 -LRB103 35983 BDA 72120 a

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.
11    With respect only to State employees in positions under
12the jurisdiction of the Attorney General, Secretary of State,
13Comptroller, or Treasurer (i) that were certified in a
14bargaining unit on or after December 2, 2008, (ii) for which a
15petition is filed with the Illinois Public Labor Relations
16Board on or after April 5, 2013 (the effective date of Public
17Act 97-1172), or (iii) for which a petition is pending before
18the Illinois Public Labor Relations Board on that date,
19"managerial employee" means an individual who is engaged in
20executive and management functions or who is charged with the
21effectuation of management policies and practices or who
22represents management interests by taking or recommending
23discretionary actions that effectively control or implement
24policy.
25    Beginning on the effective date of this amendatory Act of
26the 103rd General Assembly, "managerial employee" includes an

 

 

10300HB5089ham002- 8 -LRB103 35983 BDA 72120 a

1individual designated or appointed by a sheriff as the
2undersheriff or chief deputy to fill a vacancy under Section
33-3010 of the Counties Code or an individual serving as the
4superintendent of the jail under Section 3 of the County Jail
5Act unless the sheriff and the relevant union have mutually
6agreed otherwise or the individual is otherwise recognized
7under Section 9.
8    Nothing in this definition prohibits an individual from
9also meeting the definition of "supervisor" under subsection
10(r) of this Section.
11    (k) "Peace officer" means, for the purposes of this Act
12only, any persons who have been or are hereafter appointed to a
13police force, department, or agency and sworn or commissioned
14to perform police duties, except that the following persons
15are not included: part-time police officers, special police
16officers, auxiliary police as defined by Section 3.1-30-20 of
17the Illinois Municipal Code, night watchmen, "merchant
18police", court security officers as defined by Section
193-6012.1 of the Counties Code, temporary employees, traffic
20guards or wardens, civilian parking meter and parking
21facilities personnel or other individuals specially appointed
22to aid or direct traffic at or near schools or public functions
23or to aid in civil defense or disaster, parking enforcement
24employees who are not commissioned as peace officers and who
25are not armed and who are not routinely expected to effect
26arrests, parking lot attendants, clerks and dispatchers or

 

 

10300HB5089ham002- 9 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 10 -LRB103 35983 BDA 72120 a

1professional person to qualify to become a professional
2employee as defined in this subsection (m).
3    (n) "Public employee" or "employee", for the purposes of
4this Act, means any individual employed by a public employer,
5including (i) interns and residents at public hospitals, (ii)
6as of July 16, 2003 (the effective date of Public Act 93-204),
7but not before, personal assistants working under the Home
8Services Program under Section 3 of the Rehabilitation of
9Persons with Disabilities Act, subject to the limitations set
10forth in this Act and in the Rehabilitation of Persons with
11Disabilities Act, (iii) as of January 1, 2006 (the effective
12date of Public Act 94-320), but not before, child and day care
13home providers participating in the child care assistance
14program under Section 9A-11 of the Illinois Public Aid Code,
15subject to the limitations set forth in this Act and in Section
169A-11 of the Illinois Public Aid Code, (iv) as of January 29,
172013 (the effective date of Public Act 97-1158), but not
18before except as otherwise provided in this subsection (n),
19home care and home health workers who function as personal
20assistants and individual maintenance home health workers and
21who also work under the Home Services Program under Section 3
22of the Rehabilitation of Persons with Disabilities Act, no
23matter whether the State provides those services through
24direct fee-for-service arrangements, with the assistance of a
25managed care organization or other intermediary, or otherwise,
26(v) beginning on July 19, 2013 (the effective date of Public

 

 

10300HB5089ham002- 11 -LRB103 35983 BDA 72120 a

1Act 98-100) and notwithstanding any other provision of this
2Act, any person employed by a public employer and who is
3classified as or who holds the employment title of Chief
4Stationary Engineer, Assistant Chief Stationary Engineer,
5Sewage Plant Operator, Water Plant Operator, Stationary
6Engineer, Plant Operating Engineer, and any other employee who
7holds the position of: Civil Engineer V, Civil Engineer VI,
8Civil Engineer VII, Technical Manager I, Technical Manager II,
9Technical Manager III, Technical Manager IV, Technical Manager
10V, Technical Manager VI, Realty Specialist III, Realty
11Specialist IV, Realty Specialist V, Technical Advisor I,
12Technical Advisor II, Technical Advisor III, Technical Advisor
13IV, or Technical Advisor V employed by the Department of
14Transportation who is in a position which is certified in a
15bargaining unit on or before July 19, 2013 (the effective date
16of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
17effective date of Public Act 98-100) and notwithstanding any
18other provision of this Act, any mental health administrator
19in the Department of Corrections who is classified as or who
20holds the position of Public Service Administrator (Option
218K), any employee of the Office of the Inspector General in the
22Department of Human Services who is classified as or who holds
23the position of Public Service Administrator (Option 7), any
24Deputy of Intelligence in the Department of Corrections who is
25classified as or who holds the position of Public Service
26Administrator (Option 7), and any employee of the Illinois

 

 

10300HB5089ham002- 12 -LRB103 35983 BDA 72120 a

1State Police who handles issues concerning the Illinois State
2Police Sex Offender Registry and who is classified as or holds
3the position of Public Service Administrator (Option 7), but
4excluding all of the following: employees of the General
5Assembly of the State of Illinois; elected officials;
6executive heads of a department; members of boards or
7commissions; the Executive Inspectors General; any special
8Executive Inspectors General; employees of each Office of an
9Executive Inspector General; commissioners and employees of
10the Executive Ethics Commission; the Auditor General's
11Inspector General; employees of the Office of the Auditor
12General's Inspector General; the Legislative Inspector
13General; any special Legislative Inspectors General; employees
14of the Office of the Legislative Inspector General;
15commissioners and employees of the Legislative Ethics
16Commission; employees of any agency, board or commission
17created by this Act; employees appointed to State positions of
18a temporary or emergency nature; all employees of school
19districts and higher education institutions except
20firefighters and peace officers employed by a state university
21and except peace officers employed by a school district in its
22own police department in existence on July 23, 2010 (the
23effective date of Public Act 96-1257); managerial employees;
24short-term employees; legislative liaisons; a person who is a
25State employee under the jurisdiction of the Office of the
26Attorney General who is licensed to practice law or whose

 

 

10300HB5089ham002- 13 -LRB103 35983 BDA 72120 a

1position authorizes, either directly or indirectly, meaningful
2input into government decision-making on issues where there is
3room for principled disagreement on goals or their
4implementation; a person who is a State employee under the
5jurisdiction of the Office of the Comptroller who holds the
6position of Public Service Administrator or whose position is
7otherwise exempt under the Comptroller Merit Employment Code;
8a person who is a State employee under the jurisdiction of the
9Secretary of State who holds the position classification of
10Executive I or higher, whose position authorizes, either
11directly or indirectly, meaningful input into government
12decision-making on issues where there is room for principled
13disagreement on goals or their implementation, or who is
14otherwise exempt under the Secretary of State Merit Employment
15Code; employees in the Office of the Secretary of State who are
16completely exempt from jurisdiction B of the Secretary of
17State Merit Employment Code and who are in Rutan-exempt
18positions on or after April 5, 2013 (the effective date of
19Public Act 97-1172); a person who is a State employee under the
20jurisdiction of the Treasurer who holds a position that is
21exempt from the State Treasurer Employment Code; any employee
22of a State agency who (i) holds the title or position of, or
23exercises substantially similar duties as a legislative
24liaison, Agency General Counsel, Agency Chief of Staff, Agency
25Executive Director, Agency Deputy Director, Agency Chief
26Fiscal Officer, Agency Human Resources Director, Public

 

 

10300HB5089ham002- 14 -LRB103 35983 BDA 72120 a

1Information Officer, or Chief Information Officer and (ii) was
2neither included in a bargaining unit nor subject to an active
3petition for certification in a bargaining unit; any employee
4of a State agency who (i) is in a position that is
5Rutan-exempt, as designated by the employer, and completely
6exempt from jurisdiction B of the Personnel Code and (ii) was
7neither included in a bargaining unit nor subject to an active
8petition for certification in a bargaining unit; any term
9appointed employee of a State agency pursuant to Section 8b.18
10or 8b.19 of the Personnel Code who was neither included in a
11bargaining unit nor subject to an active petition for
12certification in a bargaining unit; any employment position
13properly designated pursuant to Section 6.1 of this Act;
14confidential employees; independent contractors; and
15supervisors except as provided in this Act.
16    Home 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 considered public employees for any purposes not
21specifically provided for in Public Act 93-204 or Public Act
2297-1158, including, but not limited to, purposes of vicarious
23liability in tort and purposes of statutory retirement or
24health insurance benefits. Home care and home health workers
25who function as personal assistants and individual maintenance
26home health workers and who also work under the Home Services

 

 

10300HB5089ham002- 15 -LRB103 35983 BDA 72120 a

1Program under Section 3 of the Rehabilitation of Persons with
2Disabilities Act shall not be covered by the State Employees
3Group Insurance Act of 1971.
4    Child and day care home providers shall not be considered
5public employees for any purposes not specifically provided
6for in Public Act 94-320, including, but not limited to,
7purposes of vicarious liability in tort and purposes of
8statutory retirement or health insurance benefits. Child and
9day care home providers shall not be covered by the State
10Employees Group Insurance Act of 1971.
11    Notwithstanding Section 9, subsection (c), or any other
12provisions of this Act, all peace officers above the rank of
13captain in municipalities with more than 1,000,000 inhabitants
14shall be excluded from this Act.
15    (o) Except as otherwise in subsection (o-5), "public
16employer" or "employer" means the State of Illinois; any
17political subdivision of the State, unit of local government
18or school district; authorities including departments,
19divisions, bureaus, boards, commissions, or other agencies of
20the foregoing entities; and any person acting within the scope
21of his or her authority, express or implied, on behalf of those
22entities in dealing with its employees. As of July 16, 2003
23(the effective date of Public Act 93-204), but not before, the
24State of Illinois shall be considered the employer of the
25personal assistants working under the Home Services Program
26under Section 3 of the Rehabilitation of Persons with

 

 

10300HB5089ham002- 16 -LRB103 35983 BDA 72120 a

1Disabilities Act, subject to the limitations set forth in this
2Act and in the Rehabilitation of Persons with Disabilities
3Act. As of January 29, 2013 (the effective date of Public Act
497-1158), but not before except as otherwise provided in this
5subsection (o), the State shall be considered the employer of
6home care and home health workers who function as personal
7assistants and individual maintenance home health workers and
8who also work under the Home Services Program under Section 3
9of the Rehabilitation of Persons with Disabilities Act, no
10matter whether the State provides those services through
11direct fee-for-service arrangements, with the assistance of a
12managed care organization or other intermediary, or otherwise,
13but subject to the limitations set forth in this Act and the
14Rehabilitation of Persons with Disabilities Act. The State
15shall not be considered to be the employer of home care and
16home health workers who function as personal assistants and
17individual maintenance home health workers and who also work
18under the Home Services Program under Section 3 of the
19Rehabilitation of Persons with Disabilities Act, for any
20purposes not specifically provided for in Public Act 93-204 or
21Public Act 97-1158, including but not limited to, purposes of
22vicarious liability in tort and purposes of statutory
23retirement or health insurance benefits. Home care and home
24health workers who function as personal assistants and
25individual maintenance home health workers and who also work
26under the Home Services Program under Section 3 of the

 

 

10300HB5089ham002- 17 -LRB103 35983 BDA 72120 a

1Rehabilitation of Persons with Disabilities Act shall not be
2covered by the State Employees Group Insurance Act of 1971. As
3of January 1, 2006 (the effective date of Public Act 94-320),
4but not before, the State of Illinois shall be considered the
5employer of the day and child care home providers
6participating in the child care assistance program under
7Section 9A-11 of the Illinois Public Aid Code, subject to the
8limitations set forth in this Act and in Section 9A-11 of the
9Illinois Public Aid Code. The State shall not be considered to
10be the employer of child and day care home providers for any
11purposes not specifically provided for in Public Act 94-320,
12including, but not limited to, purposes of vicarious liability
13in tort and purposes of statutory retirement or health
14insurance benefits. Child and day care home providers shall
15not be covered by the State Employees Group Insurance Act of
161971.
17    "Public employer" or "employer" as used in this Act,
18however, does not mean and shall not include the General
19Assembly of the State of Illinois, the Executive Ethics
20Commission, the Offices of the Executive Inspectors General,
21the Legislative Ethics Commission, the Office of the
22Legislative Inspector General, the Office of the Auditor
23General's Inspector General, the Office of the Governor, the
24Governor's Office of Management and Budget, the Illinois
25Finance Authority, the Office of the Lieutenant Governor, the
26State Board of Elections, and educational employers or

 

 

10300HB5089ham002- 18 -LRB103 35983 BDA 72120 a

1employers as defined in the Illinois Educational Labor
2Relations Act, except with respect to a state university in
3its employment of firefighters and peace officers and except
4with respect to a school district in the employment of peace
5officers in its own police department in existence on July 23,
62010 (the effective date of Public Act 96-1257). County boards
7and county sheriffs shall be designated as joint or
8co-employers of county peace officers appointed under the
9authority of a county sheriff. Nothing in this subsection (o)
10shall be construed to prevent the State Panel or the Local
11Panel from determining that employers are joint or
12co-employers.
13    (o-5) With respect to wages, fringe benefits, hours,
14holidays, vacations, proficiency examinations, sick leave, and
15other conditions of employment, the public employer of public
16employees who are court reporters, as defined in the Court
17Reporters Act, shall be determined as follows:
18        (1) For court reporters employed by the Cook County
19    Judicial Circuit, the chief judge of the Cook County
20    Circuit Court is the public employer and employer
21    representative.
22        (2) For court reporters employed by the 12th, 18th,
23    19th, and, on and after December 4, 2006, the 22nd
24    judicial circuits, a group consisting of the chief judges
25    of those circuits, acting jointly by majority vote, is the
26    public employer and employer representative.

 

 

10300HB5089ham002- 19 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 20 -LRB103 35983 BDA 72120 a

1    transfer, suspend, lay off, recall, promote, discharge,
2    direct, reward, or discipline employees, to adjust their
3    grievances, or to effectively recommend any of those
4    actions, if the exercise of that authority is not of a
5    merely routine or clerical nature, but requires the
6    consistent use of independent judgment. The Except with
7    respect to police employment, the term "supervisor"
8    includes only those individuals who devote a preponderance
9    of their employment time to exercising that authority,
10    State supervisors and sworn State police officers
11    notwithstanding. Determinations of supervisor status shall
12    be based on actual employee job duties and not solely on
13    written job descriptions. Nothing in this definition
14    prohibits an individual from also meeting the definition
15    of "managerial employee" under subsection (j) of this
16    Section. In addition, in determining supervisory status in
17    police employment, rank shall not be determinative. The
18    Board shall consider, as evidence of bargaining unit
19    inclusion or exclusion, the common law enforcement
20    policies and relationships between police officer ranks
21    and certification under applicable civil service law,
22    ordinances, personnel codes, or Division 2.1 of Article 10
23    of the Illinois Municipal Code, or Division 3.8 of Article
24    3 of the Counties Code, but these factors shall not be the
25    sole or predominant factors considered by the Board in
26    determining police supervisory status.

 

 

10300HB5089ham002- 21 -LRB103 35983 BDA 72120 a

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

 

 

10300HB5089ham002- 22 -LRB103 35983 BDA 72120 a

1    Labor Relations Board on that date, an employee who
2    qualifies as a supervisor under (A) Section 152 of the
3    National Labor Relations Act and (B) orders of the
4    National Labor Relations Board interpreting that provision
5    or decisions of courts reviewing decisions of the National
6    Labor Relations Board.
7    (s)(1) "Unit" means a class of jobs or positions that are
8held by employees whose collective interests may suitably be
9represented by a labor organization for collective bargaining.
10Except with respect to non-State fire fighters and paramedics
11employed by fire departments and fire protection districts,
12non-State peace officers, and peace officers in the Illinois
13State Police, a bargaining unit determined by the Board shall
14not include both employees and supervisors, or supervisors
15only, except as provided in paragraph (2) of this subsection
16(s) and except for bargaining units in existence on July 1,
171984 (the effective date of this Act). With respect to
18non-State fire fighters and paramedics employed by fire
19departments and fire protection districts, non-State peace
20officers, and peace officers in the Illinois State Police, a
21bargaining unit determined by the Board shall not include both
22supervisors and nonsupervisors, or supervisors only, except as
23provided in paragraph (2) of this subsection (s) and except
24for bargaining units in existence on January 1, 1986 (the
25effective date of this amendatory Act of 1985). A bargaining
26unit determined by the Board to contain peace officers shall

 

 

10300HB5089ham002- 23 -LRB103 35983 BDA 72120 a

1contain no employees other than peace officers unless
2otherwise agreed to by the employer and the labor organization
3or labor organizations involved. Notwithstanding any other
4provision of this Act, a bargaining unit, including a
5historical bargaining unit, containing sworn peace officers of
6the Department of Natural Resources (formerly designated the
7Department of Conservation) shall contain no employees other
8than such sworn peace officers upon the effective date of this
9amendatory Act of 1990 or upon the expiration date of any
10collective bargaining agreement in effect upon the effective
11date of this amendatory Act of 1990 covering both such sworn
12peace officers and other employees.
13    (2) Notwithstanding the exclusion of supervisors from
14bargaining units as provided in paragraph (1) of this
15subsection (s), a public employer may agree to permit its
16supervisory employees to form bargaining units and may bargain
17with those units. This Act shall apply if the public employer
18chooses to bargain under this subsection.
19    (3) Public employees who are court reporters, as defined
20in the Court Reporters Act, shall be divided into 3 units for
21collective bargaining purposes. One unit shall be court
22reporters employed by the Cook County Judicial Circuit; one
23unit shall be court reporters employed by the 12th, 18th,
2419th, and, on and after December 4, 2006, the 22nd judicial
25circuits; and one unit shall be court reporters employed by
26all other judicial circuits.

 

 

10300HB5089ham002- 24 -LRB103 35983 BDA 72120 a

1    (t) "Active petition for certification in a bargaining
2unit" means a petition for certification filed with the Board
3under one of the following case numbers: S-RC-11-110;
4S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
5S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
6S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
7S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
8S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
9S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
10S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
11S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
12S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
13S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
14S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
15S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
16S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
17S-RC-07-100.
18(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
19102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.
206-30-23.)".