98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0020

 

Introduced 1/9/2013, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/6.1

    Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating public employees who are classified as or who hold the title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, or Plant Operating Engineer for exclusion from collective bargaining and (ii) to specify that public employees who are classified as or who hold the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, or Plant Operating Engineer qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.


LRB098 04192 JDS 34215 b

 

 

A BILL FOR

 

SB0020LRB098 04192 JDS 34215 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 1556, as passed by
5the 97th General Assembly, becomes law, the Illinois Public
6Labor Relations Act is amended by changing Sections 3 and 6.1
7as follows:
 
8    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
9    Sec. 3. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Board" means the Illinois Labor Relations Board or,
12with respect to a matter over which the jurisdiction of the
13Board is assigned to the State Panel or the Local Panel under
14Section 5, the panel having jurisdiction over the matter.
15    (b) "Collective bargaining" means bargaining over terms
16and conditions of employment, including hours, wages, and other
17conditions of employment, as detailed in Section 7 and which
18are not excluded by Section 4.
19    (c) "Confidential employee" means an employee who, in the
20regular course of his or her duties, assists and acts in a
21confidential capacity to persons who formulate, determine, and
22effectuate management policies with regard to labor relations
23or who, in the regular course of his or her duties, has

 

 

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1authorized access to information relating to the effectuation
2or review of the employer's collective bargaining policies.
3    (d) "Craft employees" means skilled journeymen, crafts
4persons, and their apprentices and helpers.
5    (e) "Essential services employees" means those public
6employees performing functions so essential that the
7interruption or termination of the function will constitute a
8clear and present danger to the health and safety of the
9persons in the affected community.
10    (f) "Exclusive representative", except with respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers, and peace officers in the Department of State Police,
14means the labor organization that has been (i) designated by
15the Board as the representative of a majority of public
16employees in an appropriate bargaining unit in accordance with
17the procedures contained in this Act, (ii) historically
18recognized by the State of Illinois or any political
19subdivision of the State before July 1, 1984 (the effective
20date of this Act) as the exclusive representative of the
21employees in an appropriate bargaining unit, (iii) after July
221, 1984 (the effective date of this Act) recognized by an
23employer upon evidence, acceptable to the Board, that the labor
24organization has been designated as the exclusive
25representative by a majority of the employees in an appropriate
26bargaining unit; (iv) recognized as the exclusive

 

 

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1representative of personal care attendants or personal
2assistants under Executive Order 2003-8 prior to the effective
3date of this amendatory Act of the 93rd General Assembly, and
4the organization shall be considered to be the exclusive
5representative of the personal care attendants or personal
6assistants as defined in this Section; or (v) recognized as the
7exclusive representative of child and day care home providers,
8including licensed and license exempt providers, pursuant to an
9election held under Executive Order 2005-1 prior to the
10effective date of this amendatory Act of the 94th General
11Assembly, and the organization shall be considered to be the
12exclusive representative of the child and day care home
13providers as defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire fighters
20in an appropriate bargaining unit in accordance with the
21procedures contained in this Act, (ii) historically recognized
22by the State of Illinois or any political subdivision of the
23State before January 1, 1986 (the effective date of this
24amendatory Act of 1985) as the exclusive representative by a
25majority of the peace officers or fire fighters in an
26appropriate bargaining unit, or (iii) after January 1, 1986

 

 

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1(the effective date of this amendatory Act of 1985) recognized
2by an employer upon evidence, acceptable to the Board, that the
3labor organization has been designated as the exclusive
4representative by a majority of the peace officers or fire
5fighters in an appropriate bargaining unit.
6    (g) "Fair share agreement" means an agreement between the
7employer and an employee organization under which all or any of
8the employees in a collective bargaining unit are required to
9pay their proportionate share of the costs of the collective
10bargaining process, contract administration, and pursuing
11matters affecting wages, hours, and other conditions of
12employment, but not to exceed the amount of dues uniformly
13required of members. The amount certified by the exclusive
14representative shall not include any fees for contributions
15related to the election or support of any candidate for
16political office. Nothing in this subsection (g) shall preclude
17an employee from making voluntary political contributions in
18conjunction with his or her fair share payment.
19    (g-1) "Fire fighter" means, for the purposes of this Act
20only, any person who has been or is hereafter appointed to a
21fire department or fire protection district or employed by a
22state university and sworn or commissioned to perform fire
23fighter duties or paramedic duties, except that the following
24persons are not included: part-time fire fighters, auxiliary,
25reserve or voluntary fire fighters, including paid on-call fire
26fighters, clerks and dispatchers or other civilian employees of

 

 

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1a fire department or fire protection district who are not
2routinely expected to perform fire fighter duties, or elected
3officials.
4    (g-2) "General Assembly of the State of Illinois" means the
5legislative branch of the government of the State of Illinois,
6as provided for under Article IV of the Constitution of the
7State of Illinois, and includes but is not limited to the House
8of Representatives, the Senate, the Speaker of the House of
9Representatives, the Minority Leader of the House of
10Representatives, the President of the Senate, the Minority
11Leader of the Senate, the Joint Committee on Legislative
12Support Services and any legislative support services agency
13listed in the Legislative Commission Reorganization Act of
141984.
15    (h) "Governing body" means, in the case of the State, the
16State Panel of the Illinois Labor Relations Board, the Director
17of the Department of Central Management Services, and the
18Director of the Department of Labor; the county board in the
19case of a county; the corporate authorities in the case of a
20municipality; and the appropriate body authorized to provide
21for expenditures of its funds in the case of any other unit of
22government.
23    (i) "Labor organization" means any organization in which
24public employees participate and that exists for the purpose,
25in whole or in part, of dealing with a public employer
26concerning wages, hours, and other terms and conditions of

 

 

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1employment, including the settlement of grievances.
2    (i-5) "Legislative liaison" means a person who is an
3employee of a State agency, the Attorney General, the Secretary
4of State, the Comptroller, or the Treasurer, as the case may
5be, and whose job duties require the person to regularly
6communicate in the course of his or her employment with any
7official or staff of the General Assembly of the State of
8Illinois for the purpose of influencing any legislative action.
9    (j) "Managerial employee" means an individual who is
10engaged predominantly in executive and management functions
11and is charged with the responsibility of directing the
12effectuation of management policies and practices. With
13respect only to State employees in positions under the
14jurisdiction of the Attorney General, Secretary of State,
15Comptroller, or Treasurer (i) that were certified in a
16bargaining unit on or after December 2, 2008, (ii) for which a
17petition is filed with the Illinois Public Labor Relations
18Board on or after the effective date of this amendatory Act of
19the 97th General Assembly, or (iii) for which a petition is
20pending before the Illinois Public Labor Relations Board on
21that date, "managerial employee" means an individual who is
22engaged in executive and management functions or who is charged
23with the effectuation of management policies and practices or
24who represents management interests by taking or recommending
25discretionary actions that effectively control or implement
26policy. Nothing in this definition prohibits an individual from

 

 

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1also meeting the definition "supervisor" under subsection (r)
2of this Section.
3    (k) "Peace officer" means, for the purposes of this Act
4only, any persons who have been or are hereafter appointed to a
5police force, department, or agency and sworn or commissioned
6to perform police duties, except that the following persons are
7not included: part-time police officers, special police
8officers, auxiliary police as defined by Section 3.1-30-20 of
9the Illinois Municipal Code, night watchmen, "merchant
10police", court security officers as defined by Section 3-6012.1
11of the Counties Code, temporary employees, traffic guards or
12wardens, civilian parking meter and parking facilities
13personnel or other individuals specially appointed to aid or
14direct traffic at or near schools or public functions or to aid
15in civil defense or disaster, parking enforcement employees who
16are not commissioned as peace officers and who are not armed
17and who are not routinely expected to effect arrests, parking
18lot attendants, clerks and dispatchers or other civilian
19employees of a police department who are not routinely expected
20to effect arrests, or elected officials.
21    (l) "Person" includes one or more individuals, labor
22organizations, public employees, associations, corporations,
23legal representatives, trustees, trustees in bankruptcy,
24receivers, or the State of Illinois or any political
25subdivision of the State or governing body, but does not
26include the General Assembly of the State of Illinois or any

 

 

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

 

 

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1under Section 3 of the Disabled Persons Rehabilitation Act,
2subject to the limitations set forth in this Act and in the
3Disabled Persons Rehabilitation Act, and (iii) as of the
4effective date of this amendatory Act of the 94th General
5Assembly, but not before, child and day 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, and (iv) beginning on the effective
10date of this amendatory Act of the 98th General Assembly and
11notwithstanding any other provision of this Act, any person
12employed by a public employer and who is classified as or who
13holds the employment title of Chief Stationary Engineer,
14Assistant Chief Stationary Engineer, Sewage Plant Operator,
15Water Plant Operator, Stationary Engineer, or Plant Operating
16Engineer, but excluding all of the following: employees of the
17General Assembly of the State of Illinois; elected officials;
18executive heads of a department; members of boards or
19commissions; the Executive Inspectors General; any special
20Executive Inspectors General; employees of each Office of an
21Executive Inspector General; commissioners and employees of
22the Executive Ethics Commission; the Auditor General's
23Inspector General; employees of the Office of the Auditor
24General's Inspector General; the Legislative Inspector
25General; any special Legislative Inspectors General; employees
26of the Office of the Legislative Inspector General;

 

 

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

 

 

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1Code; employees in the Office of the Secretary of State who are
2completely exempt from jurisdiction B of the Secretary of State
3Merit Employment Code and who are in Rutan-exempt positions on
4or after the effective date of this amendatory Act of the 97th
5General Assembly; a person who is a State employee under the
6jurisdiction of the Treasurer who holds a position that is
7exempt from the State Treasurer Employment Code; any employee
8of a State agency who (i) holds the title or position of, or
9exercises substantially similar duties as a, legislative
10liaison, Agency General Counsel, Agency Chief of Staff, Agency
11Executive Director, Agency Deputy Director, Agency Chief
12Fiscal Officer, Agency Human Resources Director, Public
13Information Officer, or Chief Information Officer and (ii) was
14neither included in a bargaining unit nor subject to an active
15petition for certification in a bargaining unit; any employee
16of a State agency who (i) is in a position that is
17Rutan-exempt, as designated by the employer, and completely
18exempt from jurisdiction B of the Personnel Code and (ii) was
19neither included in a bargaining unit nor subject to an active
20petition for certification in a bargaining unit; any term
21appointed employee of a State agency pursuant to Section 8b.18
22or 8b.19 of the Personnel Code who was neither included in a
23bargaining unit nor subject to an active petition for
24certification in a bargaining unit; any employment position
25properly designated pursuant to Section 6.1 of this Act;
26confidential employees; independent contractors; and

 

 

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

 

 

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1his or her authority, express or implied, on behalf of those
2entities in dealing with its employees. As of the effective
3date of the amendatory Act of the 93rd General Assembly, but
4not before, the State of Illinois shall be considered the
5employer of the personal care attendants and personal
6assistants working under the Home Services Program under
7Section 3 of the Disabled Persons Rehabilitation Act, subject
8to the limitations set forth in this Act and in the Disabled
9Persons Rehabilitation Act. The State shall not be considered
10to be the employer of personal care attendants and personal
11assistants for any purposes not specifically provided for in
12this amendatory Act of the 93rd General Assembly, including but
13not limited to, purposes of vicarious liability in tort and
14purposes of statutory retirement or health insurance benefits.
15Personal care attendants and personal assistants shall not be
16covered by the State Employees Group Insurance Act of 1971 (5
17ILCS 375/). As of the effective date of this amendatory Act of
18the 94th General Assembly but not before, the State of Illinois
19shall be considered the employer of the day and child care home
20providers participating in the child care assistance program
21under Section 9A-11 of the Illinois Public Aid Code, subject to
22the limitations set forth in this Act and in Section 9A-11 of
23the Illinois Public Aid Code. The State shall not be considered
24to be the employer of child and day care home providers for any
25purposes not specifically provided for in this amendatory Act
26of the 94th General Assembly, including but not limited to,

 

 

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1purposes of vicarious liability in tort and purposes of
2statutory retirement or health insurance benefits. Child and
3day care home providers shall not be covered by the State
4Employees Group Insurance Act of 1971.
5    "Public employer" or "employer" as used in this Act,
6however, does not mean and shall not include the General
7Assembly of the State of Illinois, the Executive Ethics
8Commission, the Offices of the Executive Inspectors General,
9the Legislative Ethics Commission, the Office of the
10Legislative Inspector General, the Office of the Auditor
11General's Inspector General, the Office of the Governor, the
12Governor's Office of Management and Budget, the Illinois
13Finance Authority, the Office of the Lieutenant Governor, the
14State Board of Elections, and educational employers or
15employers as defined in the Illinois Educational Labor
16Relations Act, except with respect to a state university in its
17employment of firefighters and peace officers and except with
18respect to a school district in the employment of peace
19officers in its own police department in existence on the
20effective date of this amendatory Act of the 96th General
21Assembly. County boards and county sheriffs shall be designated
22as joint or co-employers of county peace officers appointed
23under the authority of a county sheriff. Nothing in this
24subsection (o) shall be construed to prevent the State Panel or
25the Local Panel from determining that employers are joint or
26co-employers.

 

 

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1    (o-5) With respect to wages, fringe benefits, hours,
2holidays, vacations, proficiency examinations, sick leave, and
3other conditions of employment, the public employer of public
4employees who are court reporters, as defined in the Court
5Reporters Act, shall be determined as follows:
6        (1) For court reporters employed by the Cook County
7    Judicial Circuit, the chief judge of the Cook County
8    Circuit Court is the public employer and employer
9    representative.
10        (2) For court reporters employed by the 12th, 18th,
11    19th, and, on and after December 4, 2006, the 22nd judicial
12    circuits, a group consisting of the chief judges of those
13    circuits, acting jointly by majority vote, is the public
14    employer and employer representative.
15        (3) For court reporters employed by all other judicial
16    circuits, a group consisting of the chief judges of those
17    circuits, acting jointly by majority vote, is the public
18    employer and employer representative.
19    (p) "Security employee" means an employee who is
20responsible for the supervision and control of inmates at
21correctional facilities. The term also includes other
22non-security employees in bargaining units having the majority
23of employees being responsible for the supervision and control
24of inmates at correctional facilities.
25    (q) "Short-term employee" means an employee who is employed
26for less than 2 consecutive calendar quarters during a calendar

 

 

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1year and who does not have a reasonable assurance that he or
2she will be rehired by the same employer for the same service
3in a subsequent calendar year.
4    (q-5) "State agency" means an agency directly responsible
5to the Governor, as defined in Section 3.1 of the Executive
6Reorganization Implementation Act, and the Illinois Commerce
7Commission, the Illinois Workers' Compensation Commission, the
8Civil Service Commission, the Pollution Control Board, the
9Illinois Racing Board, and the Department of State Police Merit
10Board.
11    (r) "Supervisor" is:
12        (1) An employee whose principal work is substantially
13    different from that of his or her subordinates and who has
14    authority, in the interest of the employer, to hire,
15    transfer, suspend, lay off, recall, promote, discharge,
16    direct, reward, or discipline employees, to adjust their
17    grievances, or to effectively recommend any of those
18    actions, if the exercise of that authority is not of a
19    merely routine or clerical nature, but requires the
20    consistent use of independent judgment. Except with
21    respect to police employment, the term "supervisor"
22    includes only those individuals who devote a preponderance
23    of their employment time to exercising that authority,
24    State supervisors notwithstanding. Nothing in this
25    definition prohibits an individual from also meeting the
26    definition of "managerial employee" under subsection (j)

 

 

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1    of this Section. In addition, in determining supervisory
2    status in police employment, rank shall not be
3    determinative. The Board shall consider, as evidence of
4    bargaining unit inclusion or exclusion, the common law
5    enforcement policies and relationships between police
6    officer ranks and certification under applicable civil
7    service law, ordinances, personnel codes, or Division 2.1
8    of Article 10 of the Illinois Municipal Code, but these
9    factors shall not be the sole or predominant factors
10    considered by the Board in determining police supervisory
11    status.
12        Notwithstanding the provisions of the preceding
13    paragraph, in determining supervisory status in fire
14    fighter employment, no fire fighter shall be excluded as a
15    supervisor who has established representation rights under
16    Section 9 of this Act. Further, in new fire fighter units,
17    employees shall consist of fire fighters of the rank of
18    company officer and below. If a company officer otherwise
19    qualifies as a supervisor under the preceding paragraph,
20    however, he or she shall not be included in the fire
21    fighter unit. If there is no rank between that of chief and
22    the highest company officer, the employer may designate a
23    position on each shift as a Shift Commander, and the
24    persons occupying those positions shall be supervisors.
25    All other ranks above that of company officer shall be
26    supervisors.

 

 

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1        (2) With respect only to State employees in positions
2    under the jurisdiction of the Attorney General, Secretary
3    of State, Comptroller, or Treasurer (i) that were certified
4    in a bargaining unit on or after December 2, 2008, (ii) for
5    which a petition is filed with the Illinois Public Labor
6    Relations Board on or after the effective date of this
7    amendatory Act of the 97th General Assembly, or (iii) for
8    which a petition is pending before the Illinois Public
9    Labor Relations Board on that date, an employee who
10    qualifies as a supervisor under (A) Section 152 of the
11    National Labor Relations Act and (B) orders of the National
12    Labor Relations Board interpreting that provision or
13    decisions of courts reviewing decisions of the National
14    Labor Relations Board.
15    (s) (1) "Unit" means a class of jobs or positions that are
16    held by employees whose collective interests may suitably
17    be represented by a labor organization for collective
18    bargaining. Except with respect to non-State fire fighters
19    and paramedics employed by fire departments and fire
20    protection districts, non-State peace officers, and peace
21    officers in the Department of State Police, a bargaining
22    unit determined by the Board shall not include both
23    employees and supervisors, or supervisors only, except as
24    provided in paragraph (2) of this subsection (s) and except
25    for bargaining units in existence on July 1, 1984 (the
26    effective date of this Act). With respect to non-State fire

 

 

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1    fighters and paramedics employed by fire departments and
2    fire protection districts, non-State peace officers, and
3    peace officers in the Department of State Police, a
4    bargaining unit determined by the Board shall not include
5    both supervisors and nonsupervisors, or supervisors only,
6    except as provided in paragraph (2) of this subsection (s)
7    and except for bargaining units in existence on January 1,
8    1986 (the effective date of this amendatory Act of 1985). A
9    bargaining unit determined by the Board to contain peace
10    officers shall contain no employees other than peace
11    officers unless otherwise agreed to by the employer and the
12    labor organization or labor organizations involved.
13    Notwithstanding any other provision of this Act, a
14    bargaining unit, including a historical bargaining unit,
15    containing sworn peace officers of the Department of
16    Natural Resources (formerly designated the Department of
17    Conservation) shall contain no employees other than such
18    sworn peace officers upon the effective date of this
19    amendatory Act of 1990 or upon the expiration date of any
20    collective bargaining agreement in effect upon the
21    effective date of this amendatory Act of 1990 covering both
22    such sworn peace officers and other employees.
23        (2) Notwithstanding the exclusion of supervisors from
24    bargaining units as provided in paragraph (1) of this
25    subsection (s), a public employer may agree to permit its
26    supervisory employees to form bargaining units and may

 

 

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1    bargain with those units. This Act shall apply if the
2    public employer chooses to bargain under this subsection.
3        (3) Public employees who are court reporters, as
4    defined in the Court Reporters Act, shall be divided into 3
5    units for collective bargaining purposes. One unit shall be
6    court reporters employed by the Cook County Judicial
7    Circuit; one unit shall be court reporters employed by the
8    12th, 18th, 19th, and, on and after December 4, 2006, the
9    22nd judicial circuits; and one unit shall be court
10    reporters employed by all other judicial circuits.
11    (t) "Active petition for certification in a bargaining
12unit" means a petition for certification filed with the Board
13under one of the following case numbers: S-RC-11-110;
14S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
15S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
16S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
17S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
18S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
19S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
20S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
21S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
22S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
23S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
24S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
25S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
26S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or

 

 

SB0020- 21 -LRB098 04192 JDS 34215 b

1S-RC-07-100.
2(Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
 
3    (5 ILCS 315/6.1)
4    Sec. 6.1. Gubernatorial designation of certain public
5employment positions as excluded from collective bargaining.
6    (a) Notwithstanding any provision of this Act to the
7contrary, except subsection (e) of this Section, the Governor
8is authorized to designate up to 3,580 State employment
9positions collectively within State agencies directly
10responsible to the Governor, and, upon designation, those
11positions and employees in those positions, if any, are hereby
12excluded from the self-organization and collective bargaining
13provisions of Section 6 of this Act. Only those employment
14positions that have been certified in a bargaining unit on or
15after December 2, 2008, that have a pending petition for
16certification in a bargaining unit on the effective date of
17this amendatory Act of the 97th General Assembly, or that
18neither have been certified in a bargaining unit on or after
19December 2, 2008 nor have a pending petition for certification
20in a bargaining unit on the effective date of this amendatory
21Act of the 97th General Assembly are eligible to be designated
22by the Governor under this Section. The Governor may not
23designate under this Section, however, more than 1,900
24employment positions that have been certified in a bargaining
25unit on or after December 2, 2008.

 

 

SB0020- 22 -LRB098 04192 JDS 34215 b

1    (b) In order to properly designate a State employment
2position under this Section, the Governor shall provide in
3writing to the Board: the job title and job duties of the
4employment position; the name of the State employee currently
5in the employment position, if any; the name of the State
6agency employing the public employee; and the category under
7which the position qualifies for designation under this
8Section.
9    To qualify for designation under this Section, the
10employment position must meet one or more of the following
11requirements:
12        (1) it must authorize an employee in that position to
13    act as a legislative liaison;
14        (2) it must have a title of, or authorize a person who
15    holds that position to exercise substantially similar
16    duties as an, Agency General Counsel, Agency Chief of
17    Staff, Agency Executive Director, Agency Deputy Director,
18    Agency Chief Fiscal Officer, Agency Human Resources
19    Director, Senior Public Service Administrator, Public
20    Information Officer, or Chief Information Officer;
21        (3) it must be a Rutan-exempt, as designated by the
22    employer, position and completely exempt from jurisdiction
23    B of the Personnel Code;
24        (4) it must be a term appointed position pursuant to
25    Section 8b.18 or 8b.19 of the Personnel Code; or
26        (5) it must authorize an employee in that position to

 

 

SB0020- 23 -LRB098 04192 JDS 34215 b

1    have significant and independent discretionary authority
2    as an employee.
3    Within 60 days after the Governor makes a designation under
4this Section, the Board shall determine, in a manner that is
5consistent with the requirements of due process, whether the
6designation comports with the requirements of this Section.
7    (c) For the purposes of this Section, a person has
8significant and independent discretionary authority as an
9employee if he or she (i) is engaged in executive and
10management functions of a State agency and charged with the
11effectuation of management policies and practices of a State
12agency or represents management interests by taking or
13recommending discretionary actions that effectively control or
14implement the policy of a State agency or (ii) qualifies as a
15supervisor of a State agency as that term is defined under
16Section 152 of the National Labor Relations Act or any orders
17of the National Labor Relations Board interpreting that
18provision or decisions of courts reviewing decisions of the
19National Labor Relations Board.
20    (d) The Governor must exercise the authority afforded under
21this Section within 365 calendar days after the effective date
22of this amendatory Act of the 97th General Assembly. Any
23designation made by the Governor under this Section shall be
24presumed to have been properly made.
25    If the Governor chooses not to designate a position under
26this Section, then that decision does not preclude a State

 

 

SB0020- 24 -LRB098 04192 JDS 34215 b

1agency from otherwise challenging the certification of that
2position under this Act.
3    The qualifying categories set forth in paragraphs (1)
4through (5) of subsection (b) of this Section are operative and
5function solely within this Section and do not expand or
6restrict the scope of any other provision contained in this
7Act.
8    (e) The provisions of this Section do not apply to any
9employee who is employed by a public employer and who is
10classified as, or holds the employment title of, Chief
11Stationary Engineer, Assistant Chief Stationary Engineer,
12Sewage Plant Operator, Water Plant Operator, Stationary
13Engineer, or Plant Operating Engineer.
14(Source: 09700SB1556ham002.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.