Rep. John E. Bradley

Filed: 5/31/2013

 

 


 

 


 
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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, and any other employee who
19holds the position of: Civil Engineer V, Civil Engineer VI,
20Civil Engineer VII, Technical Manager I, Technical Manager II,
21Technical Manager III, Technical Manager IV, Technical Manager
22V, Technical Manager VI, Realty Specialist III, Realty
23Specialist IV, Realty Specialist V, Technical Advisor I,
24Technical Advisor II, Technical Advisor III, Technical Advisor
25IV, or Technical Advisor V employed by the Department of
26Transportation who is in a position which is certified in a

 

 

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

 

 

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1Inspector General; commissioners and employees of the
2Legislative Ethics Commission; employees of any agency, board
3or commission created by this Act; employees appointed to State
4positions of a temporary or emergency nature; all employees of
5school districts 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 April 5, 2013 (the effective date of Public Act
597-1172) this amendatory Act of the 97th General Assembly; a
6person who is a State employee under the jurisdiction of the
7Treasurer who holds a position that is exempt from the State
8Treasurer Employment Code; any employee of a State agency who
9(i) holds the title or position of, or exercises substantially
10similar duties as a legislative liaison, Agency General
11Counsel, Agency Chief of Staff, Agency Executive Director,
12Agency Deputy Director, Agency Chief Fiscal Officer, Agency
13Human Resources Director, Public Information Officer, or Chief
14Information Officer and (ii) was neither included in a
15bargaining unit nor subject to an active petition for
16certification in a bargaining unit; any employee of a State
17agency who (i) is in a position that is Rutan-exempt, as
18designated by the employer, and completely exempt from
19jurisdiction B of the Personnel Code and (ii) was neither
20included in a bargaining unit nor subject to an active petition
21for certification in a bargaining unit; any term appointed
22employee of a State agency pursuant to Section 8b.18 or 8b.19
23of the Personnel Code who was neither included in a bargaining
24unit nor subject to an active petition for certification in a
25bargaining unit; any employment position properly designated
26pursuant to Section 6.1 of this Act; confidential employees;

 

 

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1independent contractors; and supervisors except as provided in
2this Act.
3    Home care and home health workers who function as personal
4care attendants, personal assistants, and individual
5maintenance home health workers and who also work under the
6Home Services Program under Section 3 of the Disabled Persons
7Rehabilitation Act shall not be considered public employees for
8any purposes not specifically provided for in Public Act 93-204
9or Public Act 97-1158 this amendatory Act of the 97th General
10Assembly, including but not limited to, purposes of vicarious
11liability in tort and purposes of statutory retirement or
12health insurance benefits. Home care and home health workers
13who function as personal care attendants, personal assistants,
14and individual maintenance home health workers and who also
15work under the Home Services Program under Section 3 of the
16Disabled Persons Rehabilitation Act shall not be covered by the
17State Employees Group Insurance Act of 1971 (5 ILCS 375/).
18    Child and day care home providers shall not be considered
19public employees for any purposes not specifically provided for
20in this amendatory Act of the 94th General Assembly, including
21but not limited to, purposes of vicarious liability in tort and
22purposes of statutory retirement or health insurance benefits.
23Child and day care home providers shall not be covered by the
24State Employees Group Insurance Act of 1971.
25    Notwithstanding Section 9, subsection (c), or any other
26provisions of this Act, all peace officers above the rank of

 

 

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1captain in municipalities with more than 1,000,000 inhabitants
2shall be excluded from this Act.
3    (o) Except as otherwise in subsection (o-5), "public
4employer" or "employer" means the State of Illinois; any
5political subdivision of the State, unit of local government or
6school district; authorities including departments, divisions,
7bureaus, boards, commissions, or other agencies of the
8foregoing entities; and any person acting within the scope of
9his or her authority, express or implied, on behalf of those
10entities in dealing with its employees. As of the effective
11date of the amendatory Act of the 93rd General Assembly, but
12not before, the State of Illinois shall be considered the
13employer of the personal care attendants and personal
14assistants working under the Home Services Program under
15Section 3 of the Disabled Persons Rehabilitation Act, subject
16to the limitations set forth in this Act and in the Disabled
17Persons Rehabilitation Act. As of January 29, 2013 (the
18effective date of Public Act 97-1158) this amendatory Act of
19the 97th General Assembly, but not before except as otherwise
20provided in this subsection (o), the State shall be considered
21the employer of home care and home health workers who function
22as personal care attendants, personal assistants, and
23individual maintenance home health workers and who also work
24under the Home Services Program under Section 3 of the Disabled
25Persons Rehabilitation Act, no matter whether the State
26provides those services through direct fee-for-service

 

 

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1arrangements, with the assistance of a managed care
2organization or other intermediary, or otherwise, but subject
3to the limitations set forth in this Act and the Disabled
4Persons Rehabilitation Act. The State shall not be considered
5to be the employer of home care and home health workers who
6function as personal care attendants, personal assistants, and
7individual maintenance home health workers and who also work
8under the Home Services Program under Section 3 of the Disabled
9Persons Rehabilitation Act, for any purposes not specifically
10provided for in Public Act 93-204 or Public Act 97-1158 this
11amendatory Act of the 97th General Assembly, including but not
12limited to, purposes of vicarious liability in tort and
13purposes of statutory retirement or health insurance benefits.
14Home care and home health workers who function as personal care
15attendants, personal assistants, and individual maintenance
16home health workers and who also work under the Home Services
17Program under Section 3 of the Disabled Persons Rehabilitation
18Act shall not be covered by the State Employees Group Insurance
19Act of 1971 (5 ILCS 375/). As of the effective date of this
20amendatory Act of the 94th General Assembly but not before, the
21State of Illinois shall be considered the employer of the day
22and child care home providers participating in the child care
23assistance program under Section 9A-11 of the Illinois Public
24Aid Code, subject to the limitations set forth in this Act and
25in Section 9A-11 of the Illinois Public Aid Code. The State
26shall not be considered to be the employer of child and day

 

 

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1care home providers for any purposes not specifically provided
2for in this amendatory Act of the 94th General Assembly,
3including but not limited to, purposes of vicarious liability
4in tort and purposes of statutory retirement or health
5insurance benefits. Child and day care home providers shall not
6be covered by the State Employees Group Insurance Act of 1971.
7    "Public employer" or "employer" as used in this Act,
8however, does not mean and shall not include the General
9Assembly of the State of Illinois, the Executive Ethics
10Commission, the Offices of the Executive Inspectors General,
11the Legislative Ethics Commission, the Office of the
12Legislative Inspector General, the Office of the Auditor
13General's Inspector General, the Office of the Governor, the
14Governor's Office of Management and Budget, the Illinois
15Finance Authority, the Office of the Lieutenant Governor, the
16State Board of Elections, and educational employers or
17employers as defined in the Illinois Educational Labor
18Relations Act, except with respect to a state university in its
19employment of firefighters and peace officers and except with
20respect to a school district in the employment of peace
21officers in its own police department in existence on the
22effective date of this amendatory Act of the 96th General
23Assembly. County boards and county sheriffs shall be designated
24as joint or co-employers of county peace officers appointed
25under the authority of a county sheriff. Nothing in this
26subsection (o) shall be construed to prevent the State Panel or

 

 

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

 

 

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

 

 

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

 

 

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1    All other ranks above that of company officer shall be
2    supervisors.
3        (2) With respect only to State employees in positions
4    under the jurisdiction of the Attorney General, Secretary
5    of State, Comptroller, or Treasurer (i) that were certified
6    in a bargaining unit on or after December 2, 2008, (ii) for
7    which a petition is filed with the Illinois Public Labor
8    Relations Board on or after April 5, 2013 (the effective
9    date of Public Act 97-1172) this amendatory Act of the 97th
10    General Assembly, or (iii) for which a petition is pending
11    before the Illinois Public Labor Relations Board on that
12    date, an employee who qualifies as a supervisor under (A)
13    Section 152 of the National Labor Relations Act and (B)
14    orders of the National Labor Relations Board interpreting
15    that provision or decisions of courts reviewing decisions
16    of the National Labor Relations Board.
17    (s)(1) "Unit" means a class of jobs or positions that are
18held by employees whose collective interests may suitably be
19represented by a labor organization for collective bargaining.
20Except 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, a bargaining unit determined by the Board
24shall not include both employees and supervisors, or
25supervisors only, except as provided in paragraph (2) of this
26subsection (s) and except for bargaining units in existence on

 

 

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

 

 

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1with those units. This Act shall apply if the public employer
2chooses to bargain under this subsection.
3    (3) Public employees who are court reporters, as defined in
4the Court Reporters Act, shall be divided into 3 units for
5collective bargaining purposes. One unit shall be court
6reporters employed by the Cook County Judicial Circuit; one
7unit shall be court reporters employed by the 12th, 18th, 19th,
8and, on and after December 4, 2006, the 22nd judicial circuits;
9and one unit shall be court reporters employed by all other
10judicial 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

 

 

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1S-RC-07-100.
2(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11;
397-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)
 
4    (5 ILCS 315/6.1)
5    Sec. 6.1. Gubernatorial designation of certain public
6employment positions as excluded from collective bargaining.
7    (a) Notwithstanding any provision of this Act to the
8contrary, except subsections (e) and (f) of this Section, the
9Governor is authorized to designate up to 3,580 State
10employment positions collectively within State agencies
11directly responsible to the Governor, and, upon designation,
12those positions and employees in those positions, if any, are
13hereby excluded from the self-organization and collective
14bargaining provisions of Section 6 of this Act. Only those
15employment positions that have been certified in a bargaining
16unit on or after December 2, 2008, that have a pending petition
17for certification in a bargaining unit on April 5, 2013 (the
18effective date of Public Act 97-1172) this amendatory Act of
19the 97th General Assembly, or that neither have been certified
20in a bargaining unit on or after December 2, 2008 nor have a
21pending petition for certification in a bargaining unit on the
22effective date of this amendatory Act of the 97th General
23Assembly are eligible to be designated by the Governor under
24this Section. The Governor may not designate under this
25Section, however, more than 1,900 employment positions that

 

 

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1have been certified in a bargaining unit on or after December
22, 2008.
3    (b) In order to properly designate a State employment
4position under this Section, the Governor shall provide in
5writing to the Board: the job title and job duties of the
6employment position; the name of the State employee currently
7in the employment position, if any; the name of the State
8agency employing the public employee; and the category under
9which the position qualifies for designation under this
10Section.
11    To qualify for designation under this Section, the
12employment position must meet one or more of the following
13requirements:
14        (1) it must authorize an employee in that position to
15    act as a legislative liaison;
16        (2) it must have a title of, or authorize a person who
17    holds that position to exercise substantially similar
18    duties as an, Agency General Counsel, Agency Chief of
19    Staff, Agency Executive Director, Agency Deputy Director,
20    Agency Chief Fiscal Officer, Agency Human Resources
21    Director, Senior Public Service Administrator, Public
22    Information Officer, or Chief Information Officer;
23        (3) it must be a Rutan-exempt, as designated by the
24    employer, position and completely exempt from jurisdiction
25    B of the Personnel Code;
26        (4) it must be a term appointed position pursuant to

 

 

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1    Section 8b.18 or 8b.19 of the Personnel Code; or
2        (5) it must authorize an employee in that position to
3    have significant and independent discretionary authority
4    as an employee.
5    Within 60 days after the Governor makes a designation under
6this Section, the Board shall determine, in a manner that is
7consistent with the requirements of due process, whether the
8designation comports with the requirements of this Section.
9    (c) For the purposes of this Section, a person has
10significant and independent discretionary authority as an
11employee if he or she (i) is engaged in executive and
12management functions of a State agency and charged with the
13effectuation of management policies and practices of a State
14agency or represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement the policy of a State agency or (ii) qualifies as a
17supervisor of a State agency as that term is defined under
18Section 152 of the National Labor Relations Act or any orders
19of the National Labor Relations Board interpreting that
20provision or decisions of courts reviewing decisions of the
21National Labor Relations Board.
22    (d) The Governor must exercise the authority afforded under
23this Section within 365 calendar days after April 5, 2013 (the
24effective date of Public Act 97-1172) this amendatory Act of
25the 97th General Assembly. Any designation made by the Governor
26under this Section shall be presumed to have been properly

 

 

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1made.
2    If the Governor chooses not to designate a position under
3this Section, then that decision does not preclude a State
4agency from otherwise challenging the certification of that
5position under this Act.
6    The qualifying categories set forth in paragraphs (1)
7through (5) of subsection (b) of this Section are operative and
8function solely within this Section and do not expand or
9restrict the scope of any other provision contained in this
10Act.
11    (e) The provisions of this Section do not apply to any
12employee who is employed by a public employer and who is
13classified as, or holds the employment title of, Chief
14Stationary Engineer, Assistant Chief Stationary Engineer,
15Sewage Plant Operator, Water Plant Operator, Stationary
16Engineer, Plant Operating Engineer, and any employee who holds
17the position of: Civil Engineer V, Civil Engineer VI, Civil
18Engineer VII, Technical Manager I, Technical Manager II,
19Technical Manager III, Technical Manager IV, Technical Manager
20V, Technical Manager VI, Realty Specialist III, Realty
21Specialist IV, Realty Specialist V, Technical Advisor I,
22Technical Advisor II, Technical Advisor III, Technical Advisor
23IV, or Technical Advisor V employed by the Department of
24Transportation who is in a position which is certified in a
25bargaining unit on or before the effective date of this
26amendatory Act of the 98th General Assembly.

 

 

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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 employee of the Office
5of the Inspector General in the Department of Human Services
6who is classified as or who holds the position of Public
7Service Administrator (Option 7), any Deputy of Intelligence in
8the Department of Corrections who is classified as or who holds
9the position of Public Service Administrator (Option 7), or any
10employee of the Department of State Police who handles issues
11concerning the Illinois State Police Sex Offender Registry and
12who is classified as or holds the position of Public Service
13Administrator (Option 7).
14(Source: P.A. 97-1172, eff. 4-5-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".