Illinois General Assembly - Full Text of HB3156
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Full Text of HB3156  102nd General Assembly

HB3156 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3156

 

Introduced 2/19/2021, by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/14  from Ch. 48, par. 1614

    Amends the Illinois Public Labor Relations Act. Expands the definition of "essential services employees" to include additional employees employed by a public employer who engage in specified duties. Includes essential services employees in provisions concerning mediation services and requirements. Makes conforming changes.


LRB102 13467 RJF 18814 b

 

 

A BILL FOR

 

HB3156LRB102 13467 RJF 18814 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. The Illinois Public Labor Relations Act is
5amended by changing Sections 3 and 14 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community, including employees
8employed by a public employer who engage in one or more of the
9following:
10        (1) the construction, repair, or maintenance of
11    highways, streets, roads, bridges, parkways, and other
12    public spaces, buildings, and infrastructure;
13        (2) the construction, repair, or maintenance of
14    pumping stations, wastewater collection systems, and water
15    treatment systems;
16        (3) the construction, repair, or maintenance of the
17    public utility infrastructure;
18        (4) the repair and maintenance of automobiles, trucks,
19    and other equipment used by public employers in providing
20    public services; and
21        (5) any person employed by a public employer and who
22    is classified as or who holds the employment title of
23    Chief Stationary Engineer, Assistant Chief Stationary
24    Engineer, Sewage Plant Operator, Water Plant Operator,
25    Water Plant Mechanic, Stationary Engineer, or Plant
26    Operating Engineer.

 

 

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1    (f) "Exclusive representative", except 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
5Police, means the labor organization that has been (i)
6designated by the Board as the representative of a majority of
7public employees in an appropriate bargaining unit in
8accordance with the procedures contained in this Act, (ii)
9historically recognized by the State of Illinois or any
10political subdivision of the State before July 1, 1984 (the
11effective date of this Act) as the exclusive representative of
12the employees in an appropriate bargaining unit, (iii) after
13July 1, 1984 (the effective date of this Act) recognized by an
14employer upon evidence, acceptable to the Board, that the
15labor organization has been designated as the exclusive
16representative by a majority of the employees in an
17appropriate bargaining unit; (iv) recognized as the exclusive
18representative of personal assistants under Executive Order
192003-8 prior to the effective date of this amendatory Act of
20the 93rd General Assembly, and the organization shall be
21considered to be the exclusive representative of the personal
22assistants as defined in this Section; or (v) recognized as
23the exclusive representative of child and day care home
24providers, including licensed and license exempt providers,
25pursuant to an election held under Executive Order 2005-1
26prior to the effective date of this amendatory Act of the 94th

 

 

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1General Assembly, and the organization shall be considered to
2be the exclusive representative of the child and day care home
3providers as defined in this Section.
4    With respect to non-State fire fighters and paramedics
5employed by fire departments and fire protection districts,
6non-State peace officers, and peace officers in the Department
7of State Police, "exclusive representative" means the labor
8organization that has been (i) designated by the Board as the
9representative of a majority of peace officers or fire
10fighters in an appropriate bargaining unit in accordance with
11the procedures contained in this Act, (ii) historically
12recognized by the State of Illinois or any political
13subdivision of the State before January 1, 1986 (the effective
14date of this amendatory Act of 1985) as the exclusive
15representative by a majority of the peace officers or fire
16fighters in an appropriate bargaining unit, or (iii) after
17January 1, 1986 (the effective date of this amendatory Act of
181985) recognized by an employer upon evidence, acceptable to
19the Board, that the labor organization has been designated as
20the exclusive representative by a majority of the peace
21officers or fire fighters in an appropriate bargaining unit.
22    Where a historical pattern of representation exists for
23the workers of a water system that was owned by a public
24utility, as defined in Section 3-105 of the Public Utilities
25Act, prior to becoming certified employees of a municipality
26or municipalities once the municipality or municipalities have

 

 

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1acquired the water system as authorized in Section 11-124-5 of
2the Illinois Municipal Code, the Board shall find the labor
3organization that has historically represented the workers to
4be the exclusive representative under this Act, and shall find
5the unit represented by the exclusive representative to be the
6appropriate unit.
7    (g) "Fair share agreement" means an agreement between the
8employer and an employee organization under which all or any
9of the employees in a collective bargaining unit are required
10to pay their proportionate share of the costs of the
11collective bargaining process, contract administration, and
12pursuing matters affecting wages, hours, and other conditions
13of employment, but not to exceed the amount of dues uniformly
14required of members. The amount certified by the exclusive
15representative shall not include any fees for contributions
16related to the election or support of any candidate for
17political office. Nothing in this subsection (g) shall
18preclude an employee from making voluntary political
19contributions in conjunction with his or her fair share
20payment.
21    (g-1) "Fire fighter" means, for the purposes of this Act
22only, any person who has been or is hereafter appointed to a
23fire department or fire protection district or employed by a
24state university and sworn or commissioned to perform fire
25fighter duties or paramedic duties, including paramedics
26employed by a unit of local government, except that the

 

 

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1following persons are not included: part-time fire fighters,
2auxiliary, reserve or voluntary fire fighters, including paid
3on-call fire fighters, clerks and dispatchers or other
4civilian employees of a fire department or fire protection
5district who are not routinely expected to perform fire
6fighter duties, or elected officials.
7    (g-2) "General Assembly of the State of Illinois" means
8the legislative branch of the government of the State of
9Illinois, as provided for under Article IV of the Constitution
10of the State of Illinois, and includes but is not limited to
11the House of Representatives, the Senate, the Speaker of the
12House of Representatives, the Minority Leader of the House of
13Representatives, the President of the Senate, the Minority
14Leader of the Senate, the Joint Committee on Legislative
15Support Services and any legislative support services agency
16listed in the Legislative Commission Reorganization Act of
171984.
18    (h) "Governing body" means, in the case of the State, the
19State Panel of the Illinois Labor Relations Board, the
20Director of the Department of Central Management Services, and
21the Director of the Department of Labor; the county board in
22the case of a county; the corporate authorities in the case of
23a municipality; and the appropriate body authorized to provide
24for expenditures of its funds in the case of any other unit of
25government.
26    (i) "Labor organization" means any organization in which

 

 

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1public employees participate and that exists for the purpose,
2in whole or in part, of dealing with a public employer
3concerning wages, hours, and other terms and conditions of
4employment, including the settlement of grievances.
5    (i-5) "Legislative liaison" means a person who is an
6employee of a State agency, the Attorney General, the
7Secretary of State, the Comptroller, or the Treasurer, as the
8case may be, and whose job duties require the person to
9regularly communicate in the course of his or her employment
10with any official or staff of the General Assembly of the State
11of Illinois for the purpose of influencing any legislative
12action.
13    (j) "Managerial employee" means an individual who is
14engaged predominantly in executive and management functions
15and is charged with the responsibility of directing the
16effectuation of management policies and practices. With
17respect only to State employees in positions under the
18jurisdiction of the Attorney General, Secretary of State,
19Comptroller, or Treasurer (i) that were certified in a
20bargaining unit on or after December 2, 2008, (ii) for which a
21petition is filed with the Illinois Public Labor Relations
22Board on or after April 5, 2013 (the effective date of Public
23Act 97-1172), or (iii) for which a petition is pending before
24the Illinois Public Labor Relations Board on that date,
25"managerial employee" means an individual who is engaged in
26executive and management functions or who is charged with the

 

 

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1effectuation of management policies and practices or who
2represents management interests by taking or recommending
3discretionary actions that effectively control or implement
4policy. Nothing in this definition prohibits an individual
5from also meeting the definition of "supervisor" under
6subsection (r) of this Section.
7    (k) "Peace officer" means, for the purposes of this Act
8only, any persons who have been or are hereafter appointed to a
9police force, department, or agency and sworn or commissioned
10to perform police duties, except that the following persons
11are not included: part-time police officers, special police
12officers, auxiliary police as defined by Section 3.1-30-20 of
13the Illinois Municipal Code, night watchmen, "merchant
14police", court security officers as defined by Section
153-6012.1 of the Counties Code, temporary employees, traffic
16guards or wardens, civilian parking meter and parking
17facilities personnel or other individuals specially appointed
18to aid or direct traffic at or near schools or public functions
19or to aid in civil defense or disaster, parking enforcement
20employees who are not commissioned as peace officers and who
21are not armed and who are not routinely expected to effect
22arrests, parking lot attendants, clerks and dispatchers or
23other civilian employees of a police department who are not
24routinely expected to effect arrests, or elected officials.
25    (l) "Person" includes one or more individuals, labor
26organizations, public employees, associations, corporations,

 

 

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

 

 

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1including (i) interns and residents at public hospitals, (ii)
2as of the effective date of this amendatory Act of the 93rd
3General Assembly, but not before, personal assistants working
4under the Home Services Program under Section 3 of the
5Rehabilitation of Persons with Disabilities Act, subject to
6the limitations set forth in this Act and in the
7Rehabilitation of Persons with Disabilities Act, (iii) as of
8the effective date of this amendatory Act of the 94th General
9Assembly, but not before, child and day care home providers
10participating in the child care assistance program under
11Section 9A-11 of the Illinois Public Aid Code, subject to the
12limitations set forth in this Act and in Section 9A-11 of the
13Illinois Public Aid Code, (iv) as of January 29, 2013 (the
14effective date of Public Act 97-1158), but not before except
15as otherwise provided in this subsection (n), home care and
16home health workers who function as personal assistants and
17individual maintenance home health workers and who also work
18under the Home Services Program under Section 3 of the
19Rehabilitation of Persons with Disabilities Act, no matter
20whether the State provides those services through direct
21fee-for-service arrangements, with the assistance of a managed
22care organization or other intermediary, or otherwise, (v)
23beginning on the effective date of this amendatory Act of the
2498th General Assembly and notwithstanding any other provision
25of this Act, any person employed by a public employer and who
26is classified as or who holds the employment title of Chief

 

 

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1Stationary Engineer, Assistant Chief Stationary Engineer,
2Sewage Plant Operator, Water Plant Operator, Stationary
3Engineer, Plant Operating Engineer, and any other employee who
4holds the position of: Civil Engineer V, Civil Engineer VI,
5Civil Engineer VII, Technical Manager I, Technical Manager II,
6Technical Manager III, Technical Manager IV, Technical Manager
7V, Technical Manager VI, Realty Specialist III, Realty
8Specialist IV, Realty Specialist V, Technical Advisor I,
9Technical Advisor II, Technical Advisor III, Technical Advisor
10IV, or Technical Advisor V employed by the Department of
11Transportation who is in a position which is certified in a
12bargaining unit on or before the effective date of this
13amendatory Act of the 98th General Assembly, and (vi)
14beginning on the effective date of this amendatory Act of the
1598th General Assembly and notwithstanding any other provision
16of this Act, any mental health administrator in the Department
17of Corrections who is classified as or who holds the position
18of Public Service Administrator (Option 8K), any employee of
19the Office of the Inspector General in the Department of Human
20Services who is classified as or who holds the position of
21Public Service Administrator (Option 7), any Deputy of
22Intelligence in the Department of Corrections who is
23classified as or who holds the position of Public Service
24Administrator (Option 7), and any employee of the Department
25of State Police who handles issues concerning the Illinois
26State Police Sex Offender Registry and who is classified as or

 

 

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

 

 

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1where there is room for principled disagreement on goals or
2their implementation; a person who is a State employee under
3the jurisdiction of the Office of the Comptroller who holds
4the position of Public Service Administrator or whose position
5is otherwise exempt under the Comptroller Merit Employment
6Code; a person who is a State employee under the jurisdiction
7of the Secretary of State who holds the position
8classification of Executive I or higher, whose position
9authorizes, either directly or indirectly, meaningful input
10into government decision-making on issues where there is room
11for principled disagreement on goals or their implementation,
12or who is otherwise exempt under the Secretary of State Merit
13Employment Code; employees in the Office of the Secretary of
14State who are completely exempt from jurisdiction B of the
15Secretary of State Merit Employment Code and who are in
16Rutan-exempt positions on or after April 5, 2013 (the
17effective date of Public Act 97-1172); a person who is a State
18employee under the jurisdiction of the Treasurer who holds a
19position that is exempt from the State Treasurer Employment
20Code; any employee of a State agency who (i) holds the title or
21position of, or exercises substantially similar duties as a
22legislative liaison, Agency General Counsel, Agency Chief of
23Staff, Agency Executive Director, Agency Deputy Director,
24Agency Chief Fiscal Officer, Agency Human Resources Director,
25Public Information Officer, or Chief Information Officer and
26(ii) was neither included in a bargaining unit nor subject to

 

 

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1an active petition for certification in a bargaining unit; any
2employee of a State agency who (i) is in a position that is
3Rutan-exempt, as designated by the employer, and completely
4exempt from jurisdiction B of the Personnel Code and (ii) was
5neither included in a bargaining unit nor subject to an active
6petition for certification in a bargaining unit; any term
7appointed employee of a State agency pursuant to Section 8b.18
8or 8b.19 of the Personnel Code who was neither included in a
9bargaining unit nor subject to an active petition for
10certification in a bargaining unit; any employment position
11properly designated pursuant to Section 6.1 of this Act;
12confidential employees; independent contractors; and
13supervisors except as provided in this Act.
14    Home care and home health workers who function as personal
15assistants and individual maintenance home health workers and
16who also work under the Home Services Program under Section 3
17of the Rehabilitation of Persons with Disabilities Act shall
18not be considered public employees for any purposes not
19specifically provided for in Public Act 93-204 or Public Act
2097-1158, including but not limited to, purposes of vicarious
21liability in tort and purposes of statutory retirement or
22health insurance benefits. Home care and home health workers
23who function as personal assistants and individual maintenance
24home health workers and who also work under the Home Services
25Program under Section 3 of the Rehabilitation of Persons with
26Disabilities Act shall not be covered by the State Employees

 

 

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1Group Insurance Act of 1971 (5 ILCS 375/).
2    Child and day care home providers shall not be considered
3public employees for any purposes not specifically provided
4for in this amendatory Act of the 94th General Assembly,
5including but not limited to, purposes of vicarious liability
6in tort and purposes of statutory retirement or health
7insurance benefits. Child and day care home providers shall
8not be covered by the State Employees Group Insurance Act of
91971.
10    Notwithstanding Section 9, subsection (c), or any other
11provisions of this Act, all peace officers above the rank of
12captain in municipalities with more than 1,000,000 inhabitants
13shall be excluded from this Act.
14    (o) Except as otherwise in subsection (o-5), "public
15employer" or "employer" means the State of Illinois; any
16political subdivision of the State, unit of local government
17or school district; authorities including departments,
18divisions, bureaus, boards, commissions, or other agencies of
19the foregoing entities; and any person acting within the scope
20of his or her authority, express or implied, on behalf of those
21entities in dealing with its employees. As of the effective
22date of the amendatory Act of the 93rd General Assembly, but
23not before, the State of Illinois shall be considered the
24employer of the personal assistants working under the Home
25Services Program under Section 3 of the Rehabilitation of
26Persons with Disabilities Act, subject to the limitations set

 

 

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1forth in this Act and in the Rehabilitation of Persons with
2Disabilities Act. As of January 29, 2013 (the effective date
3of Public Act 97-1158), but not before except as otherwise
4provided in this subsection (o), the State shall be considered
5the employer of home care and home health workers who function
6as personal assistants and individual maintenance home health
7workers and who also work under the Home Services Program
8under Section 3 of the Rehabilitation of Persons with
9Disabilities Act, no matter whether the State provides those
10services through direct fee-for-service arrangements, with the
11assistance of a managed care organization or other
12intermediary, or otherwise, but subject to the limitations set
13forth in this Act and the Rehabilitation of Persons with
14Disabilities Act. The State shall not be considered to be the
15employer of home care and home health workers who function as
16personal assistants and individual maintenance home health
17workers and who also work under the Home Services Program
18under Section 3 of the Rehabilitation of Persons with
19Disabilities Act, for any purposes not specifically provided
20for in Public Act 93-204 or Public Act 97-1158, including but
21not limited to, purposes of vicarious liability in tort and
22purposes of statutory retirement or health insurance benefits.
23Home care and home health workers who function as personal
24assistants and individual maintenance home health workers and
25who also work under the Home Services Program under Section 3
26of the Rehabilitation of Persons with Disabilities Act shall

 

 

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1not be covered by the State Employees Group Insurance Act of
21971 (5 ILCS 375/). As of the effective date of this amendatory
3Act of the 94th General Assembly but not before, the State of
4Illinois shall be considered the employer of the day and child
5care home providers participating in the child care assistance
6program under Section 9A-11 of the Illinois Public Aid Code,
7subject to the limitations set forth in this Act and in Section
89A-11 of the Illinois Public Aid Code. The State shall not be
9considered to be the employer of child and day care home
10providers for any purposes not specifically provided for in
11this amendatory Act of the 94th General Assembly, including
12but not limited to, purposes of vicarious liability in tort
13and purposes of statutory retirement or health insurance
14benefits. Child and day care home providers shall not be
15covered by the State Employees Group Insurance Act of 1971.
16    "Public employer" or "employer" as used in this Act,
17however, does not mean and shall not include the General
18Assembly of the State of Illinois, the Executive Ethics
19Commission, the Offices of the Executive Inspectors General,
20the Legislative Ethics Commission, the Office of the
21Legislative Inspector General, the Office of the Auditor
22General's Inspector General, the Office of the Governor, the
23Governor's Office of Management and Budget, the Illinois
24Finance Authority, the Office of the Lieutenant Governor, the
25State Board of Elections, and educational employers or
26employers as defined in the Illinois Educational Labor

 

 

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1Relations Act, except with respect to a state university in
2its employment of firefighters and peace officers and except
3with respect to a school district in the employment of peace
4officers in its own police department in existence on the
5effective date of this amendatory Act of the 96th General
6Assembly. County boards and county sheriffs shall be
7designated as joint or co-employers of county peace officers
8appointed under the authority of a county sheriff. Nothing in
9this subsection (o) shall be construed to prevent the State
10Panel or the Local Panel from determining that employers are
11joint or co-employers.
12    (o-5) With respect to wages, fringe benefits, hours,
13holidays, vacations, proficiency examinations, sick leave, and
14other conditions of employment, the public employer of public
15employees who are court reporters, as defined in the Court
16Reporters Act, shall be determined as follows:
17        (1) For court reporters employed by the Cook County
18    Judicial Circuit, the chief judge of the Cook County
19    Circuit Court is the public employer and employer
20    representative.
21        (2) For court reporters employed by the 12th, 18th,
22    19th, and, on and after December 4, 2006, the 22nd
23    judicial circuits, a group consisting of the chief judges
24    of those circuits, acting jointly by majority vote, is the
25    public employer and employer representative.
26        (3) For court reporters employed by all other judicial

 

 

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

 

 

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1    direct, reward, or discipline employees, to adjust their
2    grievances, or to effectively recommend any of those
3    actions, if the exercise of that authority is not of a
4    merely routine or clerical nature, but requires the
5    consistent use of independent judgment. Except with
6    respect to police employment, the term "supervisor"
7    includes only those individuals who devote a preponderance
8    of their employment time to exercising that authority,
9    State supervisors notwithstanding. Nothing in this
10    definition prohibits an individual from also meeting the
11    definition of "managerial employee" under subsection (j)
12    of this Section. In addition, in determining supervisory
13    status in police employment, rank shall not be
14    determinative. The Board shall consider, as evidence of
15    bargaining unit inclusion or exclusion, the common law
16    enforcement policies and relationships between police
17    officer ranks and certification under applicable civil
18    service law, ordinances, personnel codes, or Division 2.1
19    of Article 10 of the Illinois Municipal Code, but these
20    factors shall not be the sole or predominant factors
21    considered by the Board in determining police supervisory
22    status.
23        Notwithstanding the provisions of the preceding
24    paragraph, in determining supervisory status in fire
25    fighter employment, no fire fighter shall be excluded as a
26    supervisor who has established representation rights under

 

 

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1    Section 9 of this Act. Further, in new fire fighter units,
2    employees shall consist of fire fighters of the rank of
3    company officer and below. If a company officer otherwise
4    qualifies as a supervisor under the preceding paragraph,
5    however, he or she shall not be included in the fire
6    fighter unit. If there is no rank between that of chief and
7    the highest company officer, the employer may designate a
8    position on each shift as a Shift Commander, and the
9    persons occupying those positions shall be supervisors.
10    All other ranks above that of company officer shall be
11    supervisors.
12        (2) With respect only to State employees in positions
13    under the jurisdiction of the Attorney General, Secretary
14    of State, Comptroller, or Treasurer (i) that were
15    certified in a bargaining unit on or after December 2,
16    2008, (ii) for which a petition is filed with the Illinois
17    Public Labor Relations Board on or after April 5, 2013
18    (the effective date of Public Act 97-1172), or (iii) for
19    which a petition is pending before the Illinois Public
20    Labor Relations Board on that date, an employee who
21    qualifies as a supervisor under (A) Section 152 of the
22    National Labor Relations Act and (B) orders of the
23    National Labor Relations Board interpreting that provision
24    or decisions of courts reviewing decisions of the National
25    Labor Relations Board.
26    (s)(1) "Unit" means a class of jobs or positions that are

 

 

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1held by employees whose collective interests may suitably be
2represented by a labor organization for collective bargaining.
3Except with respect to non-State fire fighters and paramedics
4employed by fire departments and fire protection districts,
5non-State peace officers, and peace officers in the Department
6of State Police, a bargaining unit determined by the Board
7shall not include both employees and supervisors, or
8supervisors only, except as provided in paragraph (2) of this
9subsection (s) and except for bargaining units in existence on
10July 1, 1984 (the effective date of this Act). 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
14Police, a bargaining unit determined by the Board shall not
15include both supervisors and nonsupervisors, or supervisors
16only, except as provided in paragraph (2) of this subsection
17(s) and except for bargaining units in existence on January 1,
181986 (the effective date of this amendatory Act of 1985). A
19bargaining unit determined by the Board to contain peace
20officers shall contain no employees other than peace officers
21unless otherwise agreed to by the employer and the labor
22organization or labor organizations involved. Notwithstanding
23any other provision of this Act, a bargaining unit, including
24a historical bargaining unit, containing sworn peace officers
25of the Department of Natural Resources (formerly designated
26the Department of Conservation) shall contain no employees

 

 

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1other than such sworn peace officers upon the effective date
2of this amendatory Act of 1990 or upon the expiration date of
3any collective bargaining agreement in effect upon the
4effective date of this amendatory Act of 1990 covering both
5such sworn peace officers and other employees.
6    (2) Notwithstanding the exclusion of supervisors from
7bargaining units as provided in paragraph (1) of this
8subsection (s), a public employer may agree to permit its
9supervisory employees to form bargaining units and may bargain
10with those units. This Act shall apply if the public employer
11chooses to bargain under this subsection.
12    (3) Public employees who are court reporters, as defined
13in the Court Reporters Act, shall be divided into 3 units for
14collective bargaining purposes. One unit shall be court
15reporters employed by the Cook County Judicial Circuit; one
16unit shall be court reporters employed by the 12th, 18th,
1719th, and, on and after December 4, 2006, the 22nd judicial
18circuits; and one unit shall be court reporters employed by
19all other judicial circuits.
20    (t) "Active petition for certification in a bargaining
21unit" means a petition for certification filed with the Board
22under one of the following case numbers: S-RC-11-110;
23S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
24S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
25S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
26S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

 

 

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1S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
2S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
3S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
4S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
5S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
6S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
7S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
8S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
9S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
10S-RC-07-100.
11(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
12    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
13    Sec. 14. Security employee, peace officer, and fire
14fighter, and other essential services employee disputes.
15    (a) In the case of collective bargaining agreements
16involving units of security employees of a public employer,
17Peace Officer Units, or units of fire fighters or paramedics,
18or other units of essential services employees as defined
19under subsection (e) of Section 3, except for those employed
20by the County of Cook, City of Chicago, Chicago Park District,
21or Metropolitan Water Reclamation District of Greater Chicago,
22and in the case of disputes under Section 18, unless the
23parties mutually agree to some other time limit, mediation
24shall commence 30 days prior to the expiration date of such
25agreement or at such later time as the mediation services

 

 

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1chosen under subsection (b) of Section 12 can be provided to
2the parties. In the case of negotiations for an initial
3collective bargaining agreement, mediation shall commence upon
415 days notice from either party or at such later time as the
5mediation services chosen pursuant to subsection (b) of
6Section 12 can be provided to the parties. In mediation under
7this Section, if either party requests the use of mediation
8services from the Federal Mediation and Conciliation Service,
9the other party shall either join in such request or bear the
10additional cost of mediation services from another source. The
11mediator shall have a duty to keep the Board informed on the
12progress of the mediation. If any dispute has not been
13resolved within 15 days after the first meeting of the parties
14and the mediator, or within such other time limit as may be
15mutually agreed upon by the parties, either the exclusive
16representative or employer may request of the other, in
17writing, arbitration, and shall submit a copy of the request
18to the Board.
19    (b) Within 10 days after such a request for arbitration
20has been made, the employer shall choose a delegate and the
21employees' exclusive representative shall choose a delegate to
22a panel of arbitration as provided in this Section. The
23employer and employees shall forthwith advise the other and
24the Board of their selections.
25    (c) Within 7 days after the request of either party, the
26parties shall request a panel of impartial arbitrators from

 

 

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1which they shall select the neutral chairman according to the
2procedures provided in this Section. If the parties have
3agreed to a contract that contains a grievance resolution
4procedure as provided in Section 8, the chairman shall be
5selected using their agreed contract procedure unless they
6mutually agree to another procedure. If the parties fail to
7notify the Board of their selection of neutral chairman within
87 days after receipt of the list of impartial arbitrators, the
9Board shall appoint, at random, a neutral chairman from the
10list. In the absence of an agreed contract procedure for
11selecting an impartial arbitrator, either party may request a
12panel from the Board. Within 7 days of the request of either
13party, the Board shall select from the Public Employees Labor
14Mediation Roster 7 persons who are on the labor arbitration
15panels of either the American Arbitration Association or the
16Federal Mediation and Conciliation Service, or who are members
17of the National Academy of Arbitrators, as nominees for
18impartial arbitrator of the arbitration panel. The parties may
19select an individual on the list provided by the Board or any
20other individual mutually agreed upon by the parties. Within 7
21days following the receipt of the list, the parties shall
22notify the Board of the person they have selected. Unless the
23parties agree on an alternate selection procedure, they shall
24alternatively strike one name from the list provided by the
25Board until only one name remains. A coin toss shall determine
26which party shall strike the first name. If the parties fail to

 

 

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1notify the Board in a timely manner of their selection for
2neutral chairman, the Board shall appoint a neutral chairman
3from the Illinois Public Employees Mediation/Arbitration
4Roster.
5    (d) The chairman shall call a hearing to begin within 15
6days and give reasonable notice of the time and place of the
7hearing. The hearing shall be held at the offices of the Board
8or at such other location as the Board deems appropriate. The
9chairman shall preside over the hearing and shall take
10testimony. Any oral or documentary evidence and other data
11deemed relevant by the arbitration panel may be received in
12evidence. The proceedings shall be informal. Technical rules
13of evidence shall not apply and the competency of the evidence
14shall not thereby be deemed impaired. A verbatim record of the
15proceedings shall be made and the arbitrator shall arrange for
16the necessary recording service. Transcripts may be ordered at
17the expense of the party ordering them, but the transcripts
18shall not be necessary for a decision by the arbitration
19panel. The expense of the proceedings, including a fee for the
20chairman, shall be borne equally by each of the parties to the
21dispute. The delegates, if public officers or employees, shall
22continue on the payroll of the public employer without loss of
23pay. The hearing conducted by the arbitration panel may be
24adjourned from time to time, but unless otherwise agreed by
25the parties, shall be concluded within 30 days of the time of
26its commencement. Majority actions and rulings shall

 

 

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1constitute the actions and rulings of the arbitration panel.
2Arbitration proceedings under this Section shall not be
3interrupted or terminated by reason of any unfair labor
4practice charge filed by either party at any time.
5    (e) The arbitration panel may administer oaths, require
6the attendance of witnesses, and the production of such books,
7papers, contracts, agreements and documents as may be deemed
8by it material to a just determination of the issues in
9dispute, and for such purpose may issue subpoenas. If any
10person refuses to obey a subpoena, or refuses to be sworn or to
11testify, or if any witness, party or attorney is guilty of any
12contempt while in attendance at any hearing, the arbitration
13panel may, or the attorney general if requested shall, invoke
14the aid of any circuit court within the jurisdiction in which
15the hearing is being held, which court shall issue an
16appropriate order. Any failure to obey the order may be
17punished by the court as contempt.
18    (f) At any time before the rendering of an award, the
19chairman of the arbitration panel, if he is of the opinion that
20it would be useful or beneficial to do so, may remand the
21dispute to the parties for further collective bargaining for a
22period not to exceed 2 weeks. If the dispute is remanded for
23further collective bargaining the time provisions of this Act
24shall be extended for a time period equal to that of the
25remand. The chairman of the panel of arbitration shall notify
26the Board of the remand.

 

 

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1    (g) At or before the conclusion of the hearing held
2pursuant to subsection (d), the arbitration panel shall
3identify the economic issues in dispute, and direct each of
4the parties to submit, within such time limit as the panel
5shall prescribe, to the arbitration panel and to each other
6its last offer of settlement on each economic issue. The
7determination of the arbitration panel as to the issues in
8dispute and as to which of these issues are economic shall be
9conclusive. The arbitration panel, within 30 days after the
10conclusion of the hearing, or such further additional periods
11to which the parties may agree, shall make written findings of
12fact and promulgate a written opinion and shall mail or
13otherwise deliver a true copy thereof to the parties and their
14representatives and to the Board. As to each economic issue,
15the arbitration panel shall adopt the last offer of settlement
16which, in the opinion of the arbitration panel, more nearly
17complies with the applicable factors prescribed in subsection
18(h). The findings, opinions and order as to all other issues
19shall be based upon the applicable factors prescribed in
20subsection (h).
21    (h) Where there is no agreement between the parties, or
22where there is an agreement but the parties have begun
23negotiations or discussions looking to a new agreement or
24amendment of the existing agreement, and wage rates or other
25conditions of employment under the proposed new or amended
26agreement are in dispute, the arbitration panel shall base its

 

 

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1findings, opinions and order upon the following factors, as
2applicable:
3        (1) The lawful authority of the employer.
4        (2) Stipulations of the parties.
5        (3) The interests and welfare of the public and the
6    financial ability of the unit of government to meet those
7    costs.
8        (4) Comparison of the wages, hours and conditions of
9    employment of the employees involved in the arbitration
10    proceeding with the wages, hours and conditions of
11    employment of other employees performing similar services
12    and with other employees generally:
13            (A) In public employment in comparable
14        communities.
15            (B) In private employment in comparable
16        communities.
17        (5) The average consumer prices for goods and
18    services, commonly known as the cost of living.
19        (6) The overall compensation presently received by the
20    employees, including direct wage compensation, vacations,
21    holidays and other excused time, insurance and pensions,
22    medical and hospitalization benefits, the continuity and
23    stability of employment and all other benefits received.
24        (7) Changes in any of the foregoing circumstances
25    during the pendency of the arbitration proceedings.
26        (8) Such other factors, not confined to the foregoing,

 

 

HB3156- 31 -LRB102 13467 RJF 18814 b

1    which are normally or traditionally taken into
2    consideration in the determination of wages, hours and
3    conditions of employment through voluntary collective
4    bargaining, mediation, fact-finding, arbitration or
5    otherwise between the parties, in the public service or in
6    private employment.
7    (i) In the case of peace officers, the arbitration
8decision shall be limited to wages, hours, and conditions of
9employment (which may include residency requirements in
10municipalities with a population under 1,000,000, but those
11residency requirements shall not allow residency outside of
12Illinois) and shall not include the following: i) residency
13requirements in municipalities with a population of at least
141,000,000; ii) the type of equipment, other than uniforms,
15issued or used; iii) manning; iv) the total number of
16employees employed by the department; v) mutual aid and
17assistance agreements to other units of government; and vi)
18the criterion pursuant to which force, including deadly force,
19can be used; provided, nothing herein shall preclude an
20arbitration decision regarding equipment or manning levels if
21such decision is based on a finding that the equipment or
22manning considerations in a specific work assignment involve a
23serious risk to the safety of a peace officer beyond that which
24is inherent in the normal performance of police duties.
25Limitation of the terms of the arbitration decision pursuant
26to this subsection shall not be construed to limit the factors

 

 

HB3156- 32 -LRB102 13467 RJF 18814 b

1upon which the decision may be based, as set forth in
2subsection (h).
3    In the case of fire fighter, and fire department or fire
4district paramedic matters, the arbitration decision shall be
5limited to wages, hours, and conditions of employment
6(including manning and also including residency requirements
7in municipalities with a population under 1,000,000, but those
8residency requirements shall not allow residency outside of
9Illinois) and shall not include the following matters: i)
10residency requirements in municipalities with a population of
11at least 1,000,000; ii) the type of equipment (other than
12uniforms and fire fighter turnout gear) issued or used; iii)
13the total number of employees employed by the department; iv)
14mutual aid and assistance agreements to other units of
15government; and v) the criterion pursuant to which force,
16including deadly force, can be used; provided, however,
17nothing herein shall preclude an arbitration decision
18regarding equipment levels if such decision is based on a
19finding that the equipment considerations in a specific work
20assignment involve a serious risk to the safety of a fire
21fighter beyond that which is inherent in the normal
22performance of fire fighter duties. Limitation of the terms of
23the arbitration decision pursuant to this subsection shall not
24be construed to limit the facts upon which the decision may be
25based, as set forth in subsection (h).
26    The changes to this subsection (i) made by Public Act

 

 

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190-385 (relating to residency requirements) do not apply to
2persons who are employed by a combined department that
3performs both police and firefighting services; these persons
4shall be governed by the provisions of this subsection (i)
5relating to peace officers, as they existed before the
6amendment by Public Act 90-385.
7    To preserve historical bargaining rights, this subsection
8shall not apply to any provision of a fire fighter collective
9bargaining agreement in effect and applicable on the effective
10date of this Act; provided, however, nothing herein shall
11preclude arbitration with respect to any such provision.
12    (j) Arbitration procedures shall be deemed to be initiated
13by the filing of a letter requesting mediation as required
14under subsection (a) of this Section. The commencement of a
15new municipal fiscal year after the initiation of arbitration
16procedures under this Act, but before the arbitration
17decision, or its enforcement, shall not be deemed to render a
18dispute moot, or to otherwise impair the jurisdiction or
19authority of the arbitration panel or its decision. Increases
20in rates of compensation awarded by the arbitration panel may
21be effective only at the start of the fiscal year next
22commencing after the date of the arbitration award. If a new
23fiscal year has commenced either since the initiation of
24arbitration procedures under this Act or since any mutually
25agreed extension of the statutorily required period of
26mediation under this Act by the parties to the labor dispute

 

 

HB3156- 34 -LRB102 13467 RJF 18814 b

1causing a delay in the initiation of arbitration, the
2foregoing limitations shall be inapplicable, and such awarded
3increases may be retroactive to the commencement of the fiscal
4year, any other statute or charter provisions to the contrary,
5notwithstanding. At any time the parties, by stipulation, may
6amend or modify an award of arbitration.
7    (k) Orders of the arbitration panel shall be reviewable,
8upon appropriate petition by either the public employer or the
9exclusive bargaining representative, by the circuit court for
10the county in which the dispute arose or in which a majority of
11the affected employees reside, but only for reasons that the
12arbitration panel was without or exceeded its statutory
13authority; the order is arbitrary, or capricious; or the order
14was procured by fraud, collusion or other similar and unlawful
15means. Such petitions for review must be filed with the
16appropriate circuit court within 90 days following the
17issuance of the arbitration order. The pendency of such
18proceeding for review shall not automatically stay the order
19of the arbitration panel. The party against whom the final
20decision of any such court shall be adverse, if such court
21finds such appeal or petition to be frivolous, shall pay
22reasonable attorneys' fees and costs to the successful party
23as determined by said court in its discretion. If said court's
24decision affirms the award of money, such award, if
25retroactive, shall bear interest at the rate of 12 percent per
26annum from the effective retroactive date.

 

 

HB3156- 35 -LRB102 13467 RJF 18814 b

1    (l) During the pendency of proceedings before the
2arbitration panel, existing wages, hours, and other conditions
3of employment shall not be changed by action of either party
4without the consent of the other but a party may so consent
5without prejudice to his rights or position under this Act.
6The proceedings are deemed to be pending before the
7arbitration panel upon the initiation of arbitration
8procedures under this Act.
9    (m) Security officers of public employers, and Peace
10Officers, Fire Fighters and fire department and fire
11protection district paramedics, covered by this Section may
12not withhold services, nor may public employers lock out or
13prevent such employees from performing services at any time.
14    (n) All of the terms decided upon by the arbitration panel
15shall be included in an agreement to be submitted to the public
16employer's governing body for ratification and adoption by
17law, ordinance or the equivalent appropriate means.
18    The governing body shall review each term decided by the
19arbitration panel. If the governing body fails to reject one
20or more terms of the arbitration panel's decision by a 3/5 vote
21of those duly elected and qualified members of the governing
22body, within 20 days of issuance, or in the case of
23firefighters employed by a state university, at the next
24regularly scheduled meeting of the governing body after
25issuance, such term or terms shall become a part of the
26collective bargaining agreement of the parties. If the

 

 

HB3156- 36 -LRB102 13467 RJF 18814 b

1governing body affirmatively rejects one or more terms of the
2arbitration panel's decision, it must provide reasons for such
3rejection with respect to each term so rejected, within 20
4days of such rejection and the parties shall return to the
5arbitration panel for further proceedings and issuance of a
6supplemental decision with respect to the rejected terms. Any
7supplemental decision by an arbitration panel or other
8decision maker agreed to by the parties shall be submitted to
9the governing body for ratification and adoption in accordance
10with the procedures and voting requirements set forth in this
11Section. The voting requirements of this subsection shall
12apply to all disputes submitted to arbitration pursuant to
13this Section notwithstanding any contrary voting requirements
14contained in any existing collective bargaining agreement
15between the parties.
16    (o) If the governing body of the employer votes to reject
17the panel's decision, the parties shall return to the panel
18within 30 days from the issuance of the reasons for rejection
19for further proceedings and issuance of a supplemental
20decision. All reasonable costs of such supplemental proceeding
21including the exclusive representative's reasonable attorney's
22fees, as established by the Board, shall be paid by the
23employer.
24    (p) Notwithstanding the provisions of this Section the
25employer and exclusive representative may agree to submit
26unresolved disputes concerning wages, hours, terms and

 

 

HB3156- 37 -LRB102 13467 RJF 18814 b

1conditions of employment to an alternative form of impasse
2resolution.
3(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)