Rep. John E. Bradley

Filed: 5/30/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1910

2    AMENDMENT NO. ______. Amend Senate Bill 1910, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Public Labor Relations Act is
6amended by changing Sections 3 and 6.1 as follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and other
16conditions of employment, as detailed in Section 7 and which

 

 

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1are not excluded by Section 4.
2    (c) "Confidential employee" means an employee who, in the
3regular course of his or her duties, assists and acts in a
4confidential capacity to persons who formulate, determine, and
5effectuate management policies with regard to labor relations
6or who, in the regular course of his or her duties, has
7authorized access to information relating to the effectuation
8or review of the employer's collective bargaining policies.
9    (d) "Craft employees" means skilled journeymen, crafts
10persons, and their apprentices and helpers.
11    (e) "Essential services employees" means those public
12employees performing functions so essential that the
13interruption or termination of the function will constitute a
14clear and present danger to the health and safety of the
15persons in the affected community.
16    (f) "Exclusive representative", except with respect to
17non-State fire fighters and paramedics employed by fire
18departments and fire protection districts, non-State peace
19officers, and peace officers in the Department of State Police,
20means the labor organization that has been (i) designated by
21the Board as the representative of a majority of public
22employees in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before July 1, 1984 (the effective
26date of this Act) as the exclusive representative of the

 

 

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1employees in an appropriate bargaining unit, (iii) after July
21, 1984 (the effective date of this Act) recognized by an
3employer upon evidence, acceptable to the Board, that the labor
4organization has been designated as the exclusive
5representative by a majority of the employees in an appropriate
6bargaining unit; (iv) recognized as the exclusive
7representative of personal care attendants or personal
8assistants under Executive Order 2003-8 prior to the effective
9date of this amendatory Act of the 93rd General Assembly, and
10the organization shall be considered to be the exclusive
11representative of the personal care attendants or personal
12assistants as defined in this Section; or (v) recognized as the
13exclusive representative of child and day care home providers,
14including licensed and license exempt providers, pursuant to an
15election held under Executive Order 2005-1 prior to the
16effective date of this amendatory Act of the 94th General
17Assembly, and the organization shall be considered to be the
18exclusive representative of the child and day care home
19providers as defined in this Section.
20    With respect to non-State fire fighters and paramedics
21employed by fire departments and fire protection districts,
22non-State peace officers, and peace officers in the Department
23of State Police, "exclusive representative" means the labor
24organization that has been (i) designated by the Board as the
25representative of a majority of peace officers or fire fighters
26in an appropriate bargaining unit in accordance with the

 

 

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1procedures contained in this Act, (ii) historically recognized
2by the State of Illinois or any political subdivision of the
3State before January 1, 1986 (the effective date of this
4amendatory Act of 1985) as the exclusive representative by a
5majority of the peace officers or fire fighters in an
6appropriate bargaining unit, or (iii) after January 1, 1986
7(the effective date of this amendatory Act of 1985) recognized
8by an employer upon evidence, acceptable to the Board, that the
9labor organization has been designated as the exclusive
10representative by a majority of the peace officers or fire
11fighters in an appropriate bargaining unit.
12    Where a historical pattern of representation exists for the
13workers of a water system that was owned by a public utility,
14as defined in Section 3-105 of the Public Utilities Act, prior
15to becoming certified employees of a municipality or
16municipalities once the municipality or municipalities have
17acquired the water system as authorized in Section 11-124-5 of
18the Illinois Municipal Code, the Board shall find the labor
19organization that has historically represented the workers to
20be the exclusive representative under this Act, and shall find
21the unit represented by the exclusive representative to be the
22appropriate unit.
23    (g) "Fair share agreement" means an agreement between the
24employer and an employee organization under which all or any of
25the employees in a collective bargaining unit are required to
26pay their proportionate share of the costs of the collective

 

 

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

 

 

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1Representatives, the President of the Senate, the Minority
2Leader of the Senate, the Joint Committee on Legislative
3Support Services and any legislative support services agency
4listed in the Legislative Commission Reorganization Act of
51984.
6    (h) "Governing body" means, in the case of the State, the
7State Panel of the Illinois Labor Relations Board, the Director
8of the Department of Central Management Services, and the
9Director of the Department of Labor; the county board in the
10case of a county; the corporate authorities in the case of a
11municipality; and the appropriate body authorized to provide
12for expenditures of its funds in the case of any other unit of
13government.
14    (i) "Labor organization" means any organization in which
15public employees participate and that exists for the purpose,
16in whole or in part, of dealing with a public employer
17concerning wages, hours, and other terms and conditions of
18employment, including the settlement of grievances.
19    (i-5) "Legislative liaison" means a person who is an
20employee of a State agency, the Attorney General, the Secretary
21of State, the Comptroller, or the Treasurer, as the case may
22be, and whose job duties require the person to regularly
23communicate in the course of his or her employment with any
24official or staff of the General Assembly of the State of
25Illinois for the purpose of influencing any legislative action.
26    (j) "Managerial employee" means an individual who is

 

 

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1engaged predominantly in executive and management functions
2and is charged with the responsibility of directing the
3effectuation of management policies and practices. With
4respect only to State employees in positions under the
5jurisdiction of the Attorney General, Secretary of State,
6Comptroller, or Treasurer (i) that were certified in a
7bargaining unit on or after December 2, 2008, (ii) for which a
8petition is filed with the Illinois Public Labor Relations
9Board on or after April 5, 2013 (the effective date of Public
10Act 97-1172) this amendatory Act of the 97th General Assembly,
11or (iii) for which a petition is pending before the Illinois
12Public Labor Relations Board on that date, "managerial
13employee" means an individual who is engaged in executive and
14management functions or who is charged with the effectuation of
15management policies and practices or who represents management
16interests by taking or recommending discretionary actions that
17effectively control or implement policy. Nothing in this
18definition prohibits an individual from also meeting the
19definition of "supervisor" under subsection (r) of this
20Section.
21    (k) "Peace officer" means, for the purposes of this Act
22only, any persons who have been or are hereafter appointed to a
23police force, department, or agency and sworn or commissioned
24to perform police duties, except that the following persons are
25not included: part-time police officers, special police
26officers, auxiliary police as defined by Section 3.1-30-20 of

 

 

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1the Illinois Municipal Code, night watchmen, "merchant
2police", court security officers as defined by Section 3-6012.1
3of the Counties Code, temporary employees, traffic guards or
4wardens, civilian parking meter and parking facilities
5personnel or other individuals specially appointed to aid or
6direct traffic at or near schools or public functions or to aid
7in civil defense or disaster, parking enforcement employees who
8are not commissioned as peace officers and who are not armed
9and who are not routinely expected to effect arrests, parking
10lot attendants, clerks and dispatchers or other civilian
11employees of a police department who are not routinely expected
12to effect arrests, or elected officials.
13    (l) "Person" includes one or more individuals, labor
14organizations, public employees, associations, corporations,
15legal representatives, trustees, trustees in bankruptcy,
16receivers, or the State of Illinois or any political
17subdivision of the State or governing body, but does not
18include the General Assembly of the State of Illinois or any
19individual employed by the General Assembly of the State of
20Illinois.
21    (m) "Professional employee" means any employee engaged in
22work predominantly intellectual and varied in character rather
23than routine mental, manual, mechanical or physical work;
24involving the consistent exercise of discretion and adjustment
25in its performance; of such a character that the output
26produced or the result accomplished cannot be standardized in

 

 

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1relation to a given period of time; and requiring advanced
2knowledge in a field of science or learning customarily
3acquired by a prolonged course of specialized intellectual
4instruction and study in an institution of higher learning or a
5hospital, as distinguished from a general academic education or
6from apprenticeship or from training in the performance of
7routine mental, manual, or physical processes; or any employee
8who has completed the courses of specialized intellectual
9instruction and study prescribed in this subsection (m) and is
10performing related work under the supervision of a professional
11person to qualify to become a professional employee as defined
12in this subsection (m).
13    (n) "Public employee" or "employee", for the purposes of
14this Act, means any individual employed by a public employer,
15including (i) interns and residents at public hospitals, (ii)
16as of the effective date of this amendatory Act of the 93rd
17General Assembly, but not before, personal care attendants and
18personal assistants working under the Home Services Program
19under Section 3 of the Disabled Persons Rehabilitation Act,
20subject to the limitations set forth in this Act and in the
21Disabled Persons Rehabilitation Act, (iii) as of the effective
22date of this amendatory Act of the 94th General Assembly, but
23not before, child and day care home providers participating in
24the child care assistance program under Section 9A-11 of the
25Illinois Public Aid Code, subject to the limitations set forth
26in this Act and in Section 9A-11 of the Illinois Public Aid

 

 

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1Code, and (iv) as of January 29, 2013 (the effective date of
2Public Act 97-1158) this amendatory Act of the 97th General
3Assembly, but not before except as otherwise provided in this
4subsection (n), home care and home health workers who function
5as personal care attendants, personal assistants, and
6individual maintenance home health workers and who also work
7under the Home Services Program under Section 3 of the Disabled
8Persons Rehabilitation Act, no matter whether the State
9provides those services through direct fee-for-service
10arrangements, with the assistance of a managed care
11organization or other intermediary, or otherwise, (v)
12beginning on the effective date of this amendatory Act of the
1398th General Assembly and notwithstanding any other provision
14of this Act, any person employed by a public employer and who
15is classified as or who holds the employment title of Chief
16Stationary Engineer, Assistant Chief Stationary Engineer,
17Sewage Plant Operator, Water Plant Operator, Stationary
18Engineer, Plant Operating Engineer, Civil Engineer V, Civil
19Engineer VI, Civil Engineer VII, Technical Manager I, Technical
20Manager II, Technical Manager III, Technical Manager IV,
21Technical Manager V, Technical Manager VI, Realty Specialist
22III, Realty Specialist IV, Realty Specialist V, Technical
23Advisor I, Technical Advisor II, Technical Advisor III,
24Technical Advisor IV, or Technical Advisor V, and (vi)
25beginning on the effective date of this amendatory Act of the
2698th General Assembly and notwithstanding any other provision

 

 

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1of this Act, any mental health administrator in the Department
2of Corrections who is classified as or who holds the position
3of Public Service Administrator (Option 8K), any attorney in
4the Department of Corrections who is classified as or who holds
5the position of Public Service Administrator (Option 8L), any
6nuclear safety staff attorney in the Illinois Emergency
7Management Agency, any Section Chief, Deputy Lab Director,
8Research and Development Coordinator, Quality Assurance
9Director, or Assistant Director of Training in the Department
10of State Police who is classified as or who holds the position
11of Senior Public Service Administrator (Option 7), any employee
12of the Office of the Inspector General in the Department of
13Human Services who is classified as or who holds the position
14of Public Service Administrator (Option 7), any Deputy of
15Intelligence in the Department of Corrections who is classified
16as or who holds the position of Public Service Administrator
17(Option 7), and any employee of the Department of State Police
18who handles issues concerning the Illinois State Police Sex
19Offender Registry and who is classified as or holds the
20position of Public Service Administrator (Option 7), but
21excluding all of the following: employees of the General
22Assembly of the State of Illinois; elected officials; executive
23heads of a department; members of boards or commissions; the
24Executive Inspectors General; any special Executive Inspectors
25General; employees of each Office of an Executive Inspector
26General; commissioners and employees of the Executive Ethics

 

 

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

 

 

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1directly or indirectly, meaningful input into government
2decision-making on issues where there is room for principled
3disagreement on goals or their implementation, or who is
4otherwise exempt under the Secretary of State Merit Employment
5Code; employees in the Office of the Secretary of State who are
6completely exempt from jurisdiction B of the Secretary of State
7Merit Employment Code and who are in Rutan-exempt positions on
8or after April 5, 2013 (the effective date of Public Act
997-1172) this amendatory Act of the 97th General Assembly; a
10person who is a State employee under the jurisdiction of the
11Treasurer who holds a position that is exempt from the State
12Treasurer Employment Code; any employee of a State agency who
13(i) holds the title or position of, or exercises substantially
14similar duties as a legislative liaison, Agency General
15Counsel, Agency Chief of Staff, Agency Executive Director,
16Agency Deputy Director, Agency Chief Fiscal Officer, Agency
17Human Resources Director, Public Information Officer, or Chief
18Information Officer and (ii) was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employee of a State
21agency who (i) is in a position that is Rutan-exempt, as
22designated by the employer, and completely exempt from
23jurisdiction B of the Personnel Code and (ii) was neither
24included in a bargaining unit nor subject to an active petition
25for certification in a bargaining unit; any term appointed
26employee of a State agency pursuant to Section 8b.18 or 8b.19

 

 

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1of the Personnel Code who was neither included in a bargaining
2unit nor subject to an active petition for certification in a
3bargaining unit; any employment position properly designated
4pursuant to Section 6.1 of this Act; confidential employees;
5independent contractors; and supervisors except as provided in
6this Act.
7    Home care and home health workers who function as personal
8care attendants, personal assistants, and individual
9maintenance home health workers and who also work under the
10Home Services Program under Section 3 of the Disabled Persons
11Rehabilitation Act shall not be considered public employees for
12any purposes not specifically provided for in Public Act 93-204
13or Public Act 97-1158 this amendatory Act of the 97th General
14Assembly, including but not limited to, purposes of vicarious
15liability in tort and purposes of statutory retirement or
16health insurance benefits. Home care and home health workers
17who function as personal care attendants, personal assistants,
18and individual maintenance home health workers and who also
19work under the Home Services Program under Section 3 of the
20Disabled Persons Rehabilitation Act shall not be covered by the
21State Employees Group Insurance Act of 1971 (5 ILCS 375/).
22    Child and day care home providers shall not be considered
23public employees for any purposes not specifically provided for
24in this amendatory Act of the 94th General Assembly, including
25but not limited to, purposes of vicarious liability in tort and
26purposes of statutory retirement or health insurance benefits.

 

 

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1Child and day care home providers shall not be covered by the
2State Employees Group Insurance Act of 1971.
3    Notwithstanding Section 9, subsection (c), or any other
4provisions of this Act, all peace officers above the rank of
5captain in municipalities with more than 1,000,000 inhabitants
6shall be excluded from this Act.
7    (o) Except as otherwise in subsection (o-5), "public
8employer" or "employer" means the State of Illinois; any
9political subdivision of the State, unit of local government or
10school district; authorities including departments, divisions,
11bureaus, boards, commissions, or other agencies of the
12foregoing entities; and any person acting within the scope of
13his or her authority, express or implied, on behalf of those
14entities in dealing with its employees. As of the effective
15date of the amendatory Act of the 93rd General Assembly, but
16not before, the State of Illinois shall be considered the
17employer of the personal care attendants and personal
18assistants working under the Home Services Program under
19Section 3 of the Disabled Persons Rehabilitation Act, subject
20to the limitations set forth in this Act and in the Disabled
21Persons Rehabilitation Act. As of January 29, 2013 (the
22effective date of Public Act 97-1158) this amendatory Act of
23the 97th General Assembly, but not before except as otherwise
24provided in this subsection (o), the State shall be considered
25the employer of home care and home health workers who function
26as personal care attendants, personal assistants, and

 

 

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1individual maintenance home health workers and who also work
2under the Home Services Program under Section 3 of the Disabled
3Persons Rehabilitation Act, no matter whether the State
4provides those services through direct fee-for-service
5arrangements, with the assistance of a managed care
6organization or other intermediary, or otherwise, but subject
7to the limitations set forth in this Act and the Disabled
8Persons Rehabilitation Act. The State shall not be considered
9to be the employer of home care and home health workers who
10function as personal care attendants, personal assistants, and
11individual maintenance home health workers and who also work
12under the Home Services Program under Section 3 of the Disabled
13Persons Rehabilitation Act, for any purposes not specifically
14provided for in Public Act 93-204 or Public Act 97-1158 this
15amendatory Act of the 97th General Assembly, including but not
16limited to, purposes of vicarious liability in tort and
17purposes of statutory retirement or health insurance benefits.
18Home care and home health workers who function as personal care
19attendants, personal assistants, and individual maintenance
20home health workers and who also work under the Home Services
21Program under Section 3 of the Disabled Persons Rehabilitation
22Act shall not be covered by the State Employees Group Insurance
23Act of 1971 (5 ILCS 375/). As of the effective date of this
24amendatory Act of the 94th General Assembly but not before, the
25State of Illinois shall be considered the employer of the day
26and child care home providers participating in the child care

 

 

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1assistance program under Section 9A-11 of the Illinois Public
2Aid Code, subject to the limitations set forth in this Act and
3in Section 9A-11 of the Illinois Public Aid Code. The State
4shall not be considered to be the employer of child and day
5care home providers for any purposes not specifically provided
6for in this amendatory Act of the 94th General Assembly,
7including but not limited to, purposes of vicarious liability
8in tort and purposes of statutory retirement or health
9insurance benefits. Child and day care home providers shall not
10be covered by the State Employees Group Insurance Act of 1971.
11    "Public employer" or "employer" as used in this Act,
12however, does not mean and shall not include the General
13Assembly of the State of Illinois, the Executive Ethics
14Commission, the Offices of the Executive Inspectors General,
15the Legislative Ethics Commission, the Office of the
16Legislative Inspector General, the Office of the Auditor
17General's Inspector General, the Office of the Governor, the
18Governor's Office of Management and Budget, the Illinois
19Finance Authority, the Office of the Lieutenant Governor, the
20State Board of Elections, and educational employers or
21employers as defined in the Illinois Educational Labor
22Relations Act, except with respect to a state university in its
23employment of firefighters and peace officers and except with
24respect to a school district in the employment of peace
25officers in its own police department in existence on the
26effective date of this amendatory Act of the 96th General

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of State Police, a bargaining unit determined by the Board
2shall not include both employees and supervisors, or
3supervisors only, except as provided in paragraph (2) of this
4subsection (s) and except for bargaining units in existence on
5July 1, 1984 (the effective date of this Act). With respect to
6non-State fire fighters and paramedics employed by fire
7departments and fire protection districts, non-State peace
8officers, and peace officers in the Department of State Police,
9a bargaining unit determined by the Board shall not include
10both supervisors and nonsupervisors, or supervisors only,
11except as provided in paragraph (2) of this subsection (s) and
12except for bargaining units in existence on January 1, 1986
13(the effective date of this amendatory Act of 1985). A
14bargaining unit determined by the Board to contain peace
15officers shall contain no employees other than peace officers
16unless otherwise agreed to by the employer and the labor
17organization or labor organizations involved. Notwithstanding
18any other provision of this Act, a bargaining unit, including a
19historical bargaining unit, containing sworn peace officers of
20the Department of Natural Resources (formerly designated the
21Department of Conservation) shall contain no employees other
22than such sworn peace officers upon the effective date of this
23amendatory Act of 1990 or upon the expiration date of any
24collective bargaining agreement in effect upon the effective
25date of this amendatory Act of 1990 covering both such sworn
26peace officers and other employees.

 

 

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

 

 

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1S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
2S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
3S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
4S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
5S-RC-07-100.
6(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11;
797-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)
 
8    (5 ILCS 315/6.1)
9    Sec. 6.1. Gubernatorial designation of certain public
10employment positions as excluded from collective bargaining.
11    (a) Notwithstanding any provision of this Act to the
12contrary, except subsections (e) and (f) of this Section, the
13Governor is authorized to designate up to 3,580 State
14employment positions collectively within State agencies
15directly responsible to the Governor, and, upon designation,
16those positions and employees in those positions, if any, are
17hereby excluded from the self-organization and collective
18bargaining provisions of Section 6 of this Act. Only those
19employment positions that have been certified in a bargaining
20unit on or after December 2, 2008, that have a pending petition
21for certification in a bargaining unit on April 5, 2013 (the
22effective date of Public Act 97-1172) this amendatory Act of
23the 97th General Assembly, or that neither have been certified
24in a bargaining unit on or after December 2, 2008 nor have a
25pending petition for certification in a bargaining unit on the

 

 

09800SB1910ham002- 25 -LRB098 06984 JDS 46723 a

1effective date of this amendatory Act of the 97th General
2Assembly are eligible to be designated by the Governor under
3this Section. The Governor may not designate under this
4Section, however, more than 1,900 employment positions that
5have been certified in a bargaining unit on or after December
62, 2008.
7    (b) In order to properly designate a State employment
8position under this Section, the Governor shall provide in
9writing to the Board: the job title and job duties of the
10employment position; the name of the State employee currently
11in the employment position, if any; the name of the State
12agency employing the public employee; and the category under
13which the position qualifies for designation under this
14Section.
15    To qualify for designation under this Section, the
16employment position must meet one or more of the following
17requirements:
18        (1) it must authorize an employee in that position to
19    act as a legislative liaison;
20        (2) it must have a title of, or authorize a person who
21    holds that position to exercise substantially similar
22    duties as an, Agency General Counsel, Agency Chief of
23    Staff, Agency Executive Director, Agency Deputy Director,
24    Agency Chief Fiscal Officer, Agency Human Resources
25    Director, Senior Public Service Administrator, Public
26    Information Officer, or Chief Information Officer;

 

 

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1        (3) it must be a Rutan-exempt, as designated by the
2    employer, position and completely exempt from jurisdiction
3    B of the Personnel Code;
4        (4) it must be a term appointed position pursuant to
5    Section 8b.18 or 8b.19 of the Personnel Code; or
6        (5) it must authorize an employee in that position to
7    have significant and independent discretionary authority
8    as an employee.
9    Within 60 days after the Governor makes a designation under
10this Section, the Board shall determine, in a manner that is
11consistent with the requirements of due process, whether the
12designation comports with the requirements of this Section.
13    (c) For the purposes of this Section, a person has
14significant and independent discretionary authority as an
15employee if he or she (i) is engaged in executive and
16management functions of a State agency and charged with the
17effectuation of management policies and practices of a State
18agency or represents management interests by taking or
19recommending discretionary actions that effectively control or
20implement the policy of a State agency or (ii) qualifies as a
21supervisor of a State agency as that term is defined under
22Section 152 of the National Labor Relations Act or any orders
23of the National Labor Relations Board interpreting that
24provision or decisions of courts reviewing decisions of the
25National Labor Relations Board.
26    (d) The Governor must exercise the authority afforded under

 

 

09800SB1910ham002- 27 -LRB098 06984 JDS 46723 a

1this Section within 365 calendar days after April 5, 2013 (the
2effective date of Public Act 97-1172) this amendatory Act of
3the 97th General Assembly. Any designation made by the Governor
4under this Section shall be presumed to have been properly
5made.
6    If the Governor chooses not to designate a position under
7this Section, then that decision does not preclude a State
8agency from otherwise challenging the certification of that
9position under this Act.
10    The qualifying categories set forth in paragraphs (1)
11through (5) of subsection (b) of this Section are operative and
12function solely within this Section and do not expand or
13restrict the scope of any other provision contained in this
14Act.
15    (e) The provisions of this Section do not apply to any
16employee who is employed by a public employer and who is
17classified as, or holds the employment title of, Chief
18Stationary Engineer, Assistant Chief Stationary Engineer,
19Sewage Plant Operator, Water Plant Operator, Stationary
20Engineer, Plant Operating Engineer, Civil Engineer V, Civil
21Engineer VI, Civil Engineer VII, Technical Manager I, Technical
22Manager II, Technical Manager III, Technical Manager IV,
23Technical Manager V, Technical Manager VI, Realty Specialist
24III, Realty Specialist IV, Realty Specialist V, Technical
25Advisor I, Technical Advisor II, Technical Advisor III,
26Technical Advisor IV, or Technical Advisor V.

 

 

09800SB1910ham002- 28 -LRB098 06984 JDS 46723 a

1    (f) The provisions of this Section also do not apply to any
2mental health administrator in the Department of Corrections
3who is classified as or who holds the position of Public
4Service Administrator (Option 8K), any attorney in the
5Department of Corrections who is classified as or who holds the
6position of Public Service Administrator (Option 8L), any
7nuclear safety staff attorney in the Illinois Emergency
8Management Agency, any Section Chief, Deputy Lab Director,
9Research and Development Coordinator, Quality Assurance
10Director, or Assistant Director of Training in the Department
11of State Police who is classified as or who holds the position
12of Senior Public Service Administrator (Option 7), any employee
13of the Office of the Inspector General in the Department of
14Human Services who is classified as or who holds the position
15of Public Service Administrator (Option 7), any Deputy of
16Intelligence in the Department of Corrections who is classified
17as or who holds the position of Public Service Administrator
18(Option 7), or any employee of the Department of State Police
19who handles issues concerning the Illinois State Police Sex
20Offender Registry and who is classified as or holds the
21position of Public Service Administrator (Option 7).
22(Source: P.A. 97-1172, eff. 4-5-13.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".