Rep. Gregg Johnson
Filed: 4/16/2024
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1 | AMENDMENT TO HOUSE BILL 5089 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5089 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended 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 | ||||||
8 | context otherwise requires: | ||||||
9 | (a) "Board" means the Illinois Labor Relations Board or, | ||||||
10 | with respect to a matter over which the jurisdiction of the | ||||||
11 | Board is assigned to the State Panel or the Local Panel under | ||||||
12 | Section 5, the panel having jurisdiction over the matter. | ||||||
13 | (b) "Collective bargaining" means bargaining over terms | ||||||
14 | and conditions of employment, including hours, wages, and | ||||||
15 | other conditions of employment, as detailed in Section 7 and | ||||||
16 | which are not excluded by Section 4. |
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1 | (c) "Confidential employee" means an employee who, in the | ||||||
2 | regular course of his or her duties, assists and acts in a | ||||||
3 | confidential capacity to persons who formulate, determine, and | ||||||
4 | effectuate management policies with regard to labor relations | ||||||
5 | or who, in the regular course of his or her duties, has | ||||||
6 | authorized access to information relating to the effectuation | ||||||
7 | or review of the employer's collective bargaining policies. | ||||||
8 | Determinations of confidential employee status shall be based | ||||||
9 | on actual employee job duties and not solely on written job | ||||||
10 | descriptions. | ||||||
11 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
12 | persons, and their apprentices and helpers. | ||||||
13 | (e) "Essential services employees" means those public | ||||||
14 | employees performing functions so essential that the | ||||||
15 | interruption or termination of the function will constitute a | ||||||
16 | clear and present danger to the health and safety of the | ||||||
17 | persons in the affected community. | ||||||
18 | (f) "Exclusive representative", except with respect to | ||||||
19 | non-State fire fighters and paramedics employed by fire | ||||||
20 | departments and fire protection districts, non-State peace | ||||||
21 | officers, and peace officers in the Illinois State Police, | ||||||
22 | means the labor organization that has been (i) designated by | ||||||
23 | the Board as the representative of a majority of public | ||||||
24 | employees in an appropriate bargaining unit in accordance with | ||||||
25 | the procedures contained in this Act; (ii) historically | ||||||
26 | recognized by the State of Illinois or any political |
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1 | subdivision of the State before July 1, 1984 (the effective | ||||||
2 | date of this Act) as the exclusive representative of the | ||||||
3 | employees in an appropriate bargaining unit; (iii) after July | ||||||
4 | 1, 1984 (the effective date of this Act) recognized by an | ||||||
5 | employer upon evidence, acceptable to the Board, that the | ||||||
6 | labor organization has been designated as the exclusive | ||||||
7 | representative by a majority of the employees in an | ||||||
8 | appropriate bargaining unit; (iv) recognized as the exclusive | ||||||
9 | representative of personal assistants under Executive Order | ||||||
10 | 2003-8 prior to July 16, 2003 (the effective date of Public Act | ||||||
11 | 93-204), and the organization shall be considered to be the | ||||||
12 | exclusive representative of the personal assistants as defined | ||||||
13 | in this Section; or (v) recognized as the exclusive | ||||||
14 | representative of child and day care home providers, including | ||||||
15 | licensed and license exempt providers, pursuant to an election | ||||||
16 | held under Executive Order 2005-1 prior to January 1, 2006 | ||||||
17 | (the effective date of Public Act 94-320), and the | ||||||
18 | organization shall be considered to be the exclusive | ||||||
19 | representative of the child and day care home providers as | ||||||
20 | defined in this Section. | ||||||
21 | With respect to non-State fire fighters and paramedics | ||||||
22 | employed by fire departments and fire protection districts, | ||||||
23 | non-State peace officers, and peace officers in the Illinois | ||||||
24 | State Police, "exclusive representative" means the labor | ||||||
25 | organization that has been (i) designated by the Board as the | ||||||
26 | representative of a majority of peace officers or fire |
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1 | fighters in an appropriate bargaining unit in accordance with | ||||||
2 | the procedures contained in this Act, (ii) historically | ||||||
3 | recognized by the State of Illinois or any political | ||||||
4 | subdivision of the State before January 1, 1986 (the effective | ||||||
5 | date of this amendatory Act of 1985) as the exclusive | ||||||
6 | representative by a majority of the peace officers or fire | ||||||
7 | fighters in an appropriate bargaining unit, or (iii) after | ||||||
8 | January 1, 1986 (the effective date of this amendatory Act of | ||||||
9 | 1985) recognized by an employer upon evidence, acceptable to | ||||||
10 | the Board, that the labor organization has been designated as | ||||||
11 | the exclusive representative by a majority of the peace | ||||||
12 | officers or fire fighters in an appropriate bargaining unit. | ||||||
13 | Where a historical pattern of representation exists for | ||||||
14 | the workers of a water system that was owned by a public | ||||||
15 | utility, as defined in Section 3-105 of the Public Utilities | ||||||
16 | Act, prior to becoming certified employees of a municipality | ||||||
17 | or municipalities once the municipality or municipalities have | ||||||
18 | acquired the water system as authorized in Section 11-124-5 of | ||||||
19 | the Illinois Municipal Code, the Board shall find the labor | ||||||
20 | organization that has historically represented the workers to | ||||||
21 | be the exclusive representative under this Act, and shall find | ||||||
22 | the unit represented by the exclusive representative to be the | ||||||
23 | appropriate unit. | ||||||
24 | (g) "Fair share agreement" means an agreement between the | ||||||
25 | employer and an employee organization under which all or any | ||||||
26 | of the employees in a collective bargaining unit are required |
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1 | to pay their proportionate share of the costs of the | ||||||
2 | collective bargaining process, contract administration, and | ||||||
3 | pursuing matters affecting wages, hours, and other conditions | ||||||
4 | of employment, but not to exceed the amount of dues uniformly | ||||||
5 | required of members. The amount certified by the exclusive | ||||||
6 | representative shall not include any fees for contributions | ||||||
7 | related to the election or support of any candidate for | ||||||
8 | political office. Nothing in this subsection (g) shall | ||||||
9 | preclude an employee from making voluntary political | ||||||
10 | contributions in conjunction with his or her fair share | ||||||
11 | payment. | ||||||
12 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
13 | only, any person who has been or is hereafter appointed to a | ||||||
14 | fire department or fire protection district or employed by a | ||||||
15 | state university and sworn or commissioned to perform fire | ||||||
16 | fighter duties or paramedic duties, including paramedics | ||||||
17 | employed by a unit of local government, except that the | ||||||
18 | following persons are not included: part-time fire fighters, | ||||||
19 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
20 | on-call fire fighters, clerks and dispatchers or other | ||||||
21 | civilian employees of a fire department or fire protection | ||||||
22 | district who are not routinely expected to perform fire | ||||||
23 | fighter duties, or elected officials. | ||||||
24 | (g-2) "General Assembly of the State of Illinois" means | ||||||
25 | the legislative branch of the government of the State of | ||||||
26 | Illinois, as provided for under Article IV of the Constitution |
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1 | of the State of Illinois, and includes, but is not limited to, | ||||||
2 | the House of Representatives, the Senate, the Speaker of the | ||||||
3 | House of Representatives, the Minority Leader of the House of | ||||||
4 | Representatives, the President of the Senate, the Minority | ||||||
5 | Leader of the Senate, the Joint Committee on Legislative | ||||||
6 | Support Services, and any legislative support services agency | ||||||
7 | listed in the Legislative Commission Reorganization Act of | ||||||
8 | 1984. | ||||||
9 | (h) "Governing body" means, in the case of the State, the | ||||||
10 | State Panel of the Illinois Labor Relations Board, the | ||||||
11 | Director of the Department of Central Management Services, and | ||||||
12 | the Director of the Department of Labor; the county board in | ||||||
13 | the case of a county; the corporate authorities in the case of | ||||||
14 | a municipality; and the appropriate body authorized to provide | ||||||
15 | for expenditures of its funds in the case of any other unit of | ||||||
16 | government. | ||||||
17 | (i) "Labor organization" means any organization in which | ||||||
18 | public employees participate and that exists for the purpose, | ||||||
19 | in whole or in part, of dealing with a public employer | ||||||
20 | concerning wages, hours, and other terms and conditions of | ||||||
21 | employment, including the settlement of grievances. | ||||||
22 | (i-5) "Legislative liaison" means a person who is an | ||||||
23 | employee of a State agency, the Attorney General, the | ||||||
24 | Secretary of State, the Comptroller, or the Treasurer, as the | ||||||
25 | case may be, and whose job duties require the person to | ||||||
26 | regularly communicate in the course of his or her employment |
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1 | with any official or staff of the General Assembly of the State | ||||||
2 | of Illinois for the purpose of influencing any legislative | ||||||
3 | action. | ||||||
4 | (j) "Managerial employee" means an individual who is | ||||||
5 | engaged predominantly in executive and management functions | ||||||
6 | and is charged with the responsibility of directing the | ||||||
7 | effectuation of management policies and practices. | ||||||
8 | Determination of managerial employee status shall be based on | ||||||
9 | actual employee job duties and not solely on written job | ||||||
10 | descriptions. | ||||||
11 | With respect only to State employees in positions under | ||||||
12 | the jurisdiction of the Attorney General, Secretary of State, | ||||||
13 | Comptroller, or Treasurer (i) that were certified in a | ||||||
14 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
15 | petition is filed with the Illinois Public Labor Relations | ||||||
16 | Board on or after April 5, 2013 (the effective date of Public | ||||||
17 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
18 | the Illinois Public Labor Relations Board on that date, | ||||||
19 | "managerial employee" means an individual who is engaged in | ||||||
20 | executive and management functions or who is charged with the | ||||||
21 | effectuation of management policies and practices or who | ||||||
22 | represents management interests by taking or recommending | ||||||
23 | discretionary actions that effectively control or implement | ||||||
24 | policy. | ||||||
25 | Beginning on the effective date of this amendatory Act of | ||||||
26 | the 103rd General Assembly, "managerial employee" includes an |
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1 | individual designated or appointed by a sheriff as the | ||||||
2 | undersheriff or chief deputy to fill a vacancy under Section | ||||||
3 | 3-3010 of the Counties Code or an individual serving as the | ||||||
4 | superintendent of the jail under Section 3 of the County Jail | ||||||
5 | Act unless the sheriff and the relevant union have mutually | ||||||
6 | agreed otherwise or the individual is otherwise recognized | ||||||
7 | under Section 9. | ||||||
8 | Nothing in this definition prohibits an individual from | ||||||
9 | also meeting the definition of "supervisor" under subsection | ||||||
10 | (r) of this Section. | ||||||
11 | (k) "Peace officer" means, for the purposes of this Act | ||||||
12 | only, any persons who have been or are hereafter appointed to a | ||||||
13 | police force, department, or agency and sworn or commissioned | ||||||
14 | to perform police duties, except that the following persons | ||||||
15 | are not included: part-time police officers, special police | ||||||
16 | officers, auxiliary police as defined by Section 3.1-30-20 of | ||||||
17 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
18 | police", court security officers as defined by Section | ||||||
19 | 3-6012.1 of the Counties Code, temporary employees, traffic | ||||||
20 | guards or wardens, civilian parking meter and parking | ||||||
21 | facilities personnel or other individuals specially appointed | ||||||
22 | to aid or direct traffic at or near schools or public functions | ||||||
23 | or to aid in civil defense or disaster, parking enforcement | ||||||
24 | employees who are not commissioned as peace officers and who | ||||||
25 | are not armed and who are not routinely expected to effect | ||||||
26 | arrests, parking lot attendants, clerks and dispatchers or |
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1 | other civilian employees of a police department who are not | ||||||
2 | routinely expected to effect arrests, or elected officials. | ||||||
3 | (l) "Person" includes one or more individuals, labor | ||||||
4 | organizations, public employees, associations, corporations, | ||||||
5 | legal representatives, trustees, trustees in bankruptcy, | ||||||
6 | receivers, or the State of Illinois or any political | ||||||
7 | subdivision of the State or governing body, but does not | ||||||
8 | include the General Assembly of the State of Illinois or any | ||||||
9 | individual employed by the General Assembly of the State of | ||||||
10 | Illinois. | ||||||
11 | (m) "Professional employee" means any employee engaged in | ||||||
12 | work predominantly intellectual and varied in character rather | ||||||
13 | than routine mental, manual, mechanical or physical work; | ||||||
14 | involving the consistent exercise of discretion and adjustment | ||||||
15 | in its performance; of such a character that the output | ||||||
16 | produced or the result accomplished cannot be standardized in | ||||||
17 | relation to a given period of time; and requiring advanced | ||||||
18 | knowledge in a field of science or learning customarily | ||||||
19 | acquired by a prolonged course of specialized intellectual | ||||||
20 | instruction and study in an institution of higher learning or | ||||||
21 | a hospital, as distinguished from a general academic education | ||||||
22 | or from apprenticeship or from training in the performance of | ||||||
23 | routine mental, manual, or physical processes; or any employee | ||||||
24 | who has completed the courses of specialized intellectual | ||||||
25 | instruction and study prescribed in this subsection (m) and is | ||||||
26 | performing related work under the supervision of a |
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1 | professional person to qualify to become a professional | ||||||
2 | employee as defined in this subsection (m). | ||||||
3 | (n) "Public employee" or "employee", for the purposes of | ||||||
4 | this Act, means any individual employed by a public employer, | ||||||
5 | including (i) interns and residents at public hospitals, (ii) | ||||||
6 | as of July 16, 2003 (the effective date of Public Act 93-204), | ||||||
7 | but not before, personal assistants working under the Home | ||||||
8 | Services Program under Section 3 of the Rehabilitation of | ||||||
9 | Persons with Disabilities Act, subject to the limitations set | ||||||
10 | forth in this Act and in the Rehabilitation of Persons with | ||||||
11 | Disabilities Act, (iii) as of January 1, 2006 (the effective | ||||||
12 | date of Public Act 94-320), but not before, child and day care | ||||||
13 | home providers participating in the child care assistance | ||||||
14 | program under Section 9A-11 of the Illinois Public Aid Code, | ||||||
15 | subject to the limitations set forth in this Act and in Section | ||||||
16 | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | ||||||
17 | 2013 (the effective date of Public Act 97-1158), but not | ||||||
18 | before except as otherwise provided in this subsection (n), | ||||||
19 | home care and home health workers who function as personal | ||||||
20 | assistants and individual maintenance home health workers and | ||||||
21 | who also work under the Home Services Program under Section 3 | ||||||
22 | of the Rehabilitation of Persons with Disabilities Act, no | ||||||
23 | matter whether the State provides those services through | ||||||
24 | direct fee-for-service arrangements, with the assistance of a | ||||||
25 | managed care organization or other intermediary, or otherwise, | ||||||
26 | (v) beginning on July 19, 2013 (the effective date of Public |
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1 | Act 98-100) and notwithstanding any other provision of this | ||||||
2 | Act, any person employed by a public employer and who is | ||||||
3 | classified as or who holds the employment title of Chief | ||||||
4 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
5 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
6 | Engineer, Plant Operating Engineer, and any other employee who | ||||||
7 | holds the position of: Civil Engineer V, Civil Engineer VI, | ||||||
8 | Civil Engineer VII, Technical Manager I, Technical Manager II, | ||||||
9 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
10 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
11 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
12 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
13 | IV, or Technical Advisor V employed by the Department of | ||||||
14 | Transportation who is in a position which is certified in a | ||||||
15 | bargaining unit on or before July 19, 2013 (the effective date | ||||||
16 | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the | ||||||
17 | effective date of Public Act 98-100) and notwithstanding any | ||||||
18 | other provision of this Act, any mental health administrator | ||||||
19 | in the Department of Corrections who is classified as or who | ||||||
20 | holds the position of Public Service Administrator (Option | ||||||
21 | 8K), any employee of the Office of the Inspector General in the | ||||||
22 | Department of Human Services who is classified as or who holds | ||||||
23 | the position of Public Service Administrator (Option 7), any | ||||||
24 | Deputy of Intelligence in the Department of Corrections who is | ||||||
25 | classified as or who holds the position of Public Service | ||||||
26 | Administrator (Option 7), and any employee of the Illinois |
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1 | State Police who handles issues concerning the Illinois State | ||||||
2 | Police Sex Offender Registry and who is classified as or holds | ||||||
3 | the position of Public Service Administrator (Option 7), but | ||||||
4 | excluding all of the following: employees of the General | ||||||
5 | Assembly of the State of Illinois; elected officials; | ||||||
6 | executive heads of a department; members of boards or | ||||||
7 | commissions; the Executive Inspectors General; any special | ||||||
8 | Executive Inspectors General; employees of each Office of an | ||||||
9 | Executive Inspector General; commissioners and employees of | ||||||
10 | the Executive Ethics Commission; the Auditor General's | ||||||
11 | Inspector General; employees of the Office of the Auditor | ||||||
12 | General's Inspector General; the Legislative Inspector | ||||||
13 | General; any special Legislative Inspectors General; employees | ||||||
14 | of the Office of the Legislative Inspector General; | ||||||
15 | commissioners and employees of the Legislative Ethics | ||||||
16 | Commission; employees of any agency, board or commission | ||||||
17 | created by this Act; employees appointed to State positions of | ||||||
18 | a temporary or emergency nature; all employees of school | ||||||
19 | districts and higher education institutions except | ||||||
20 | firefighters and peace officers employed by a state university | ||||||
21 | and except peace officers employed by a school district in its | ||||||
22 | own police department in existence on July 23, 2010 (the | ||||||
23 | effective date of Public Act 96-1257); managerial employees; | ||||||
24 | short-term employees; legislative liaisons; a person who is a | ||||||
25 | State employee under the jurisdiction of the Office of the | ||||||
26 | Attorney General who is licensed to practice law or whose |
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1 | position authorizes, either directly or indirectly, meaningful | ||||||
2 | input into government decision-making on issues where there is | ||||||
3 | room for principled disagreement on goals or their | ||||||
4 | implementation; a person who is a State employee under the | ||||||
5 | jurisdiction of the Office of the Comptroller who holds the | ||||||
6 | position of Public Service Administrator or whose position is | ||||||
7 | otherwise exempt under the Comptroller Merit Employment Code; | ||||||
8 | a person who is a State employee under the jurisdiction of the | ||||||
9 | Secretary of State who holds the position classification of | ||||||
10 | Executive I or higher, whose position authorizes, either | ||||||
11 | directly or indirectly, meaningful input into government | ||||||
12 | decision-making on issues where there is room for principled | ||||||
13 | disagreement on goals or their implementation, or who is | ||||||
14 | otherwise exempt under the Secretary of State Merit Employment | ||||||
15 | Code; employees in the Office of the Secretary of State who are | ||||||
16 | completely exempt from jurisdiction B of the Secretary of | ||||||
17 | State Merit Employment Code and who are in Rutan-exempt | ||||||
18 | positions on or after April 5, 2013 (the effective date of | ||||||
19 | Public Act 97-1172); a person who is a State employee under the | ||||||
20 | jurisdiction of the Treasurer who holds a position that is | ||||||
21 | exempt from the State Treasurer Employment Code; any employee | ||||||
22 | of a State agency who (i) holds the title or position of, or | ||||||
23 | exercises substantially similar duties as a legislative | ||||||
24 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
25 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
26 | Fiscal Officer, Agency Human Resources Director, Public |
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1 | Information Officer, or Chief Information Officer and (ii) was | ||||||
2 | neither included in a bargaining unit nor subject to an active | ||||||
3 | petition for certification in a bargaining unit; any employee | ||||||
4 | of a State agency who (i) is in a position that is | ||||||
5 | Rutan-exempt, as designated by the employer, and completely | ||||||
6 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
7 | neither included in a bargaining unit nor subject to an active | ||||||
8 | petition for certification in a bargaining unit; any term | ||||||
9 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
10 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
11 | bargaining unit nor subject to an active petition for | ||||||
12 | certification in a bargaining unit; any employment position | ||||||
13 | properly designated pursuant to Section 6.1 of this Act; | ||||||
14 | confidential employees; independent contractors; and | ||||||
15 | supervisors except as provided in this Act. | ||||||
16 | Home care and home health workers who function as personal | ||||||
17 | assistants and individual maintenance home health workers and | ||||||
18 | who also work under the Home Services Program under Section 3 | ||||||
19 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
20 | not be considered public employees for any purposes not | ||||||
21 | specifically provided for in Public Act 93-204 or Public Act | ||||||
22 | 97-1158, including, but not limited to, purposes of vicarious | ||||||
23 | liability in tort and purposes of statutory retirement or | ||||||
24 | health insurance benefits. Home care and home health workers | ||||||
25 | who function as personal assistants and individual maintenance | ||||||
26 | home health workers and who also work under the Home Services |
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1 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
2 | Disabilities Act shall not be covered by the State Employees | ||||||
3 | Group Insurance Act of 1971. | ||||||
4 | Child and day care home providers shall not be considered | ||||||
5 | public employees for any purposes not specifically provided | ||||||
6 | for in Public Act 94-320, including, but not limited to, | ||||||
7 | purposes of vicarious liability in tort and purposes of | ||||||
8 | statutory retirement or health insurance benefits. Child and | ||||||
9 | day care home providers shall not be covered by the State | ||||||
10 | Employees Group Insurance Act of 1971. | ||||||
11 | Notwithstanding Section 9, subsection (c), or any other | ||||||
12 | provisions of this Act, all peace officers above the rank of | ||||||
13 | captain in municipalities with more than 1,000,000 inhabitants | ||||||
14 | shall be excluded from this Act. | ||||||
15 | (o) Except as otherwise in subsection (o-5), "public | ||||||
16 | employer" or "employer" means the State of Illinois; any | ||||||
17 | political subdivision of the State, unit of local government | ||||||
18 | or school district; authorities including departments, | ||||||
19 | divisions, bureaus, boards, commissions, or other agencies of | ||||||
20 | the foregoing entities; and any person acting within the scope | ||||||
21 | of his or her authority, express or implied, on behalf of those | ||||||
22 | entities in dealing with its employees. As of July 16, 2003 | ||||||
23 | (the effective date of Public Act 93-204), but not before, the | ||||||
24 | State of Illinois shall be considered the employer of the | ||||||
25 | personal assistants working under the Home Services Program | ||||||
26 | under Section 3 of the Rehabilitation of Persons with |
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1 | Disabilities Act, subject to the limitations set forth in this | ||||||
2 | Act and in the Rehabilitation of Persons with Disabilities | ||||||
3 | Act. As of January 29, 2013 (the effective date of Public Act | ||||||
4 | 97-1158), but not before except as otherwise provided in this | ||||||
5 | subsection (o), the State shall be considered the employer of | ||||||
6 | home care and home health workers who function as personal | ||||||
7 | assistants and individual maintenance home health workers and | ||||||
8 | who also work under the Home Services Program under Section 3 | ||||||
9 | of the Rehabilitation of Persons with Disabilities Act, no | ||||||
10 | matter whether the State provides those services through | ||||||
11 | direct fee-for-service arrangements, with the assistance of a | ||||||
12 | managed care organization or other intermediary, or otherwise, | ||||||
13 | but subject to the limitations set forth in this Act and the | ||||||
14 | Rehabilitation of Persons with Disabilities Act. The State | ||||||
15 | shall not be considered to be the employer of home care and | ||||||
16 | home health workers who function as personal assistants and | ||||||
17 | individual maintenance home health workers and who also work | ||||||
18 | under the Home Services Program under Section 3 of the | ||||||
19 | Rehabilitation of Persons with Disabilities Act, for any | ||||||
20 | purposes not specifically provided for in Public Act 93-204 or | ||||||
21 | Public Act 97-1158, including but not limited to, purposes of | ||||||
22 | vicarious liability in tort and purposes of statutory | ||||||
23 | retirement or health insurance benefits. Home care and home | ||||||
24 | health workers who function as personal assistants and | ||||||
25 | individual maintenance home health workers and who also work | ||||||
26 | under the Home Services Program under Section 3 of the |
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1 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
2 | covered by the State Employees Group Insurance Act of 1971. As | ||||||
3 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
4 | but not before, the State of Illinois shall be considered the | ||||||
5 | employer of the day and child care home providers | ||||||
6 | participating in the child care assistance program under | ||||||
7 | Section 9A-11 of the Illinois Public Aid Code, subject to the | ||||||
8 | limitations set forth in this Act and in Section 9A-11 of the | ||||||
9 | Illinois Public Aid Code. The State shall not be considered to | ||||||
10 | be the employer of child and day care home providers for any | ||||||
11 | purposes not specifically provided for in Public Act 94-320, | ||||||
12 | including, but not limited to, purposes of vicarious liability | ||||||
13 | in tort and purposes of statutory retirement or health | ||||||
14 | insurance benefits. Child and day care home providers shall | ||||||
15 | not be covered by the State Employees Group Insurance Act of | ||||||
16 | 1971. | ||||||
17 | "Public employer" or "employer" as used in this Act, | ||||||
18 | however, does not mean and shall not include the General | ||||||
19 | Assembly of the State of Illinois, the Executive Ethics | ||||||
20 | Commission, the Offices of the Executive Inspectors General, | ||||||
21 | the Legislative Ethics Commission, the Office of the | ||||||
22 | Legislative Inspector General, the Office of the Auditor | ||||||
23 | General's Inspector General, the Office of the Governor, the | ||||||
24 | Governor's Office of Management and Budget, the Illinois | ||||||
25 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
26 | State Board of Elections, and educational employers or |
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1 | employers as defined in the Illinois Educational Labor | ||||||
2 | Relations Act, except with respect to a state university in | ||||||
3 | its employment of firefighters and peace officers and except | ||||||
4 | with respect to a school district in the employment of peace | ||||||
5 | officers in its own police department in existence on July 23, | ||||||
6 | 2010 (the effective date of Public Act 96-1257). County boards | ||||||
7 | and county sheriffs shall be designated as joint or | ||||||
8 | co-employers of county peace officers appointed under the | ||||||
9 | authority of a county sheriff. Nothing in this subsection (o) | ||||||
10 | shall be construed to prevent the State Panel or the Local | ||||||
11 | Panel from determining that employers are joint or | ||||||
12 | co-employers. | ||||||
13 | (o-5) With respect to wages, fringe benefits, hours, | ||||||
14 | holidays, vacations, proficiency examinations, sick leave, and | ||||||
15 | other conditions of employment, the public employer of public | ||||||
16 | employees who are court reporters, as defined in the Court | ||||||
17 | Reporters 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. |
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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 | ||||||
6 | responsible for the supervision and control of inmates at | ||||||
7 | correctional facilities. The term also includes other | ||||||
8 | non-security employees in bargaining units having the majority | ||||||
9 | of employees being responsible for the supervision and control | ||||||
10 | of inmates at correctional facilities. | ||||||
11 | (q) "Short-term employee" means an employee who is | ||||||
12 | employed for less than 2 consecutive calendar quarters during | ||||||
13 | a calendar year and who does not have a reasonable assurance | ||||||
14 | that he or she will be rehired by the same employer for the | ||||||
15 | same service in a subsequent calendar year. | ||||||
16 | (q-5) "State agency" means an agency directly responsible | ||||||
17 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
18 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
19 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
20 | Civil Service Commission, the Pollution Control Board, the | ||||||
21 | Illinois Racing Board, and the Illinois State Police Merit | ||||||
22 | Board. | ||||||
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, |
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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. |
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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 |
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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 | ||||||
8 | held by employees whose collective interests may suitably be | ||||||
9 | represented by a labor organization for collective bargaining. | ||||||
10 | Except with respect to non-State fire fighters and paramedics | ||||||
11 | employed by fire departments and fire protection districts, | ||||||
12 | non-State peace officers, and peace officers in the Illinois | ||||||
13 | State Police, a bargaining unit determined by the Board shall | ||||||
14 | not include both employees and supervisors, or supervisors | ||||||
15 | only, except as provided in paragraph (2) of this subsection | ||||||
16 | (s) and except for bargaining units in existence on July 1, | ||||||
17 | 1984 (the effective date of this Act). With respect to | ||||||
18 | non-State fire fighters and paramedics employed by fire | ||||||
19 | departments and fire protection districts, non-State peace | ||||||
20 | officers, and peace officers in the Illinois State Police, a | ||||||
21 | bargaining unit determined by the Board shall not include both | ||||||
22 | supervisors and nonsupervisors, or supervisors only, except as | ||||||
23 | provided in paragraph (2) of this subsection (s) and except | ||||||
24 | for bargaining units in existence on January 1, 1986 (the | ||||||
25 | effective date of this amendatory Act of 1985). A bargaining | ||||||
26 | unit determined by the Board to contain peace officers shall |
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1 | contain no employees other than peace officers unless | ||||||
2 | otherwise agreed to by the employer and the labor organization | ||||||
3 | or labor organizations involved. Notwithstanding any other | ||||||
4 | provision of this Act, a bargaining unit, including a | ||||||
5 | historical bargaining unit, containing sworn peace officers of | ||||||
6 | the Department of Natural Resources (formerly designated the | ||||||
7 | Department of Conservation) shall contain no employees other | ||||||
8 | than such sworn peace officers upon the effective date of this | ||||||
9 | amendatory Act of 1990 or upon the expiration date of any | ||||||
10 | collective bargaining agreement in effect upon the effective | ||||||
11 | date of this amendatory Act of 1990 covering both such sworn | ||||||
12 | peace officers and other employees. | ||||||
13 | (2) Notwithstanding the exclusion of supervisors from | ||||||
14 | bargaining units as provided in paragraph (1) of this | ||||||
15 | subsection (s), a public employer may agree to permit its | ||||||
16 | supervisory employees to form bargaining units and may bargain | ||||||
17 | with those units. This Act shall apply if the public employer | ||||||
18 | chooses to bargain under this subsection. | ||||||
19 | (3) Public employees who are court reporters, as defined | ||||||
20 | in the Court Reporters Act, shall be divided into 3 units for | ||||||
21 | collective bargaining purposes. One unit shall be court | ||||||
22 | reporters employed by the Cook County Judicial Circuit; one | ||||||
23 | unit shall be court reporters employed by the 12th, 18th, | ||||||
24 | 19th, and, on and after December 4, 2006, the 22nd judicial | ||||||
25 | circuits; and one unit shall be court reporters employed by | ||||||
26 | all other judicial circuits. |
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1 | (t) "Active petition for certification in a bargaining | ||||||
2 | unit" means a petition for certification filed with the Board | ||||||
3 | under one of the following case numbers: S-RC-11-110; | ||||||
4 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
5 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
6 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
7 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
8 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
9 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
10 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
11 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
12 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
13 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
14 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
15 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
16 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
17 | S-RC-07-100. | ||||||
18 | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
19 | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
20 | 6-30-23.)". |