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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended 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 | 8 | | context
otherwise requires:
| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, | 10 | | with respect to a matter over which the
jurisdiction of the | 11 | | Board is assigned to the State Panel or the Local Panel
under | 12 | | Section 5, the panel having jurisdiction over the matter.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and | 15 | | other conditions of employment,
as detailed in Section 7 and | 16 | | which are not excluded by Section 4.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
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| 1 | | (d) "Craft employees" means skilled journeymen, crafts | 2 | | persons, and their
apprentices and helpers.
| 3 | | (e) "Essential services employees" means those public | 4 | | employees
performing functions so essential that the | 5 | | interruption or termination of
the function will constitute a | 6 | | clear and present danger to the health and
safety of the | 7 | | persons in the affected community , including employees | 8 | | employed by a public employer who engage in one or more of the | 9 | | following: | 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 | 2 | | non-State fire
fighters and paramedics employed by fire | 3 | | departments and fire protection
districts, non-State peace | 4 | | officers, and peace officers in the
Department of State | 5 | | Police, means the labor organization that has
been (i) | 6 | | designated by the Board as the representative of a majority of | 7 | | public
employees in an appropriate bargaining unit in | 8 | | accordance with the procedures
contained in this Act, (ii) | 9 | | historically
recognized by the State of Illinois or
any | 10 | | political subdivision of the State before July 1, 1984
(the | 11 | | effective date of this
Act) as the exclusive representative of | 12 | | the employees in an appropriate
bargaining unit, (iii) after | 13 | | July 1, 1984 (the
effective date of this Act) recognized by an
| 14 | | employer upon evidence, acceptable to the Board, that the | 15 | | labor
organization has been designated as the exclusive | 16 | | representative by a
majority of the employees in an | 17 | | appropriate bargaining unit;
(iv) recognized as the exclusive | 18 | | representative of personal
assistants under Executive Order | 19 | | 2003-8 prior to the effective date of this
amendatory
Act of | 20 | | the 93rd General Assembly, and the organization shall be | 21 | | considered to
be the
exclusive representative of the personal | 22 | | assistants
as defined
in this Section; or (v) recognized as | 23 | | the exclusive representative of child and day care home | 24 | | providers, including licensed and license exempt providers, | 25 | | pursuant to an election held under Executive Order 2005-1 | 26 | | prior to the effective date of this amendatory Act of the 94th |
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| 1 | | General Assembly, and the organization shall be considered to | 2 | | be the exclusive representative of the child and day care home | 3 | | providers as defined in this Section.
| 4 | | With respect to non-State fire fighters and paramedics | 5 | | employed by fire
departments and fire protection districts, | 6 | | non-State peace officers, and
peace officers in the Department | 7 | | of State Police,
"exclusive representative" means the labor | 8 | | organization that has
been (i) designated by the Board as the | 9 | | representative of a majority of peace
officers or fire | 10 | | fighters in an appropriate bargaining unit in accordance
with | 11 | | the procedures contained in this Act, (ii)
historically | 12 | | recognized
by the State of Illinois or any political | 13 | | subdivision of the State before
January 1, 1986 (the effective | 14 | | date of this amendatory Act of 1985) as the exclusive
| 15 | | representative by a majority of the peace officers or fire | 16 | | fighters in an
appropriate bargaining unit, or (iii) after | 17 | | January 1,
1986 (the effective date of this amendatory
Act of | 18 | | 1985) recognized by an employer upon evidence, acceptable to | 19 | | the
Board, that the labor organization has been designated as | 20 | | the exclusive
representative by a majority of the peace | 21 | | officers or fire fighters in an
appropriate bargaining unit.
| 22 | | Where a historical pattern of representation exists for | 23 | | the workers of a water system that was owned by a public | 24 | | utility, as defined in Section 3-105 of the Public Utilities | 25 | | Act, prior to becoming certified employees of a municipality | 26 | | or municipalities once the municipality or municipalities have |
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| 1 | | acquired the water system as authorized in Section 11-124-5 of | 2 | | the Illinois Municipal Code, the Board shall find the labor | 3 | | organization that has historically represented the workers to | 4 | | be the exclusive representative under this Act, and shall find | 5 | | the unit represented by the exclusive representative to be the | 6 | | appropriate unit. | 7 | | (g) "Fair share agreement" means an agreement between the | 8 | | employer and
an employee organization under which all or any | 9 | | of the employees in a
collective bargaining unit are required | 10 | | to pay their proportionate share of
the costs of the | 11 | | collective bargaining process, contract administration, and
| 12 | | pursuing matters affecting wages, hours, and other conditions | 13 | | of employment,
but not to exceed the amount of dues uniformly | 14 | | required of members. The
amount certified by the exclusive | 15 | | representative shall not include any fees
for contributions | 16 | | related to the election or support of any candidate for
| 17 | | political office. Nothing in this subsection (g) shall
| 18 | | preclude an employee from making
voluntary political | 19 | | contributions in conjunction with his or her fair share
| 20 | | payment.
| 21 | | (g-1) "Fire fighter" means, for the purposes of this Act | 22 | | only, any
person who has been or is hereafter appointed to a | 23 | | fire department or fire
protection district or employed by a | 24 | | state university and sworn or
commissioned to perform fire | 25 | | fighter duties or paramedic duties, including paramedics | 26 | | employed by a unit of local government, except that the
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| 1 | | following persons are not included: part-time fire fighters,
| 2 | | auxiliary, reserve or voluntary fire fighters, including paid | 3 | | on-call fire
fighters, clerks and dispatchers or other | 4 | | civilian employees of a fire
department or fire protection | 5 | | district who are not routinely expected to
perform fire | 6 | | fighter duties, or elected officials.
| 7 | | (g-2) "General Assembly of the State of Illinois" means | 8 | | the
legislative branch of the government of the State of | 9 | | Illinois, as provided
for under Article IV of the Constitution | 10 | | of the State of Illinois, and
includes but is not limited to | 11 | | the House of Representatives, the Senate,
the Speaker of the | 12 | | House of Representatives, the Minority Leader of the
House of | 13 | | Representatives, the President of the Senate, the Minority | 14 | | Leader
of the Senate, the Joint Committee on Legislative | 15 | | Support Services and any
legislative support services agency | 16 | | listed in the Legislative Commission
Reorganization Act of | 17 | | 1984.
| 18 | | (h) "Governing body" means, in the case of the State, the | 19 | | State Panel of
the Illinois Labor Relations Board, the | 20 | | Director of the Department of Central
Management Services, and | 21 | | the Director of the Department of Labor; the county
board in | 22 | | the case of a county; the corporate authorities in the case of | 23 | | a
municipality; and the appropriate body authorized to provide | 24 | | for expenditures
of its funds in the case of any other unit of | 25 | | government.
| 26 | | (i) "Labor organization" means any organization in which |
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| 1 | | public employees
participate and that exists for the purpose, | 2 | | in whole or in part, of dealing
with a public employer | 3 | | concerning wages, hours, and other terms and conditions
of | 4 | | employment, including the settlement of grievances.
| 5 | | (i-5) "Legislative liaison" means a person who is an | 6 | | employee of a State agency, the Attorney General, the | 7 | | Secretary of State, the Comptroller, or the Treasurer, as the | 8 | | case may be, and whose job duties require the person to | 9 | | regularly communicate in the course of his or her employment | 10 | | with any official or staff of the General Assembly of the State | 11 | | of Illinois for the purpose of influencing any legislative | 12 | | action. | 13 | | (j) "Managerial employee" means an individual who is | 14 | | engaged
predominantly in executive and management functions | 15 | | and is charged with the
responsibility of directing the | 16 | | effectuation of management policies
and practices. With | 17 | | respect only to State employees in positions under the | 18 | | jurisdiction of the Attorney General, Secretary of State, | 19 | | Comptroller, or Treasurer (i) that were certified in a | 20 | | bargaining unit on or after December 2, 2008, (ii) for which a | 21 | | petition is filed with the Illinois Public Labor Relations | 22 | | Board on or after April 5, 2013 (the effective date of Public | 23 | | Act 97-1172), or (iii) for which a petition is pending before | 24 | | the Illinois Public Labor Relations Board on that date, | 25 | | "managerial employee" means an individual who is engaged in | 26 | | executive and management functions or who is charged with the |
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| 1 | | effectuation of management policies and practices or who | 2 | | represents management interests by taking or recommending | 3 | | discretionary actions that effectively control or implement | 4 | | policy. Nothing in this definition prohibits an individual | 5 | | from also meeting the definition of "supervisor" under | 6 | | subsection (r) of this Section.
| 7 | | (k) "Peace officer" means, for the purposes of this Act | 8 | | only, any
persons who have been or are hereafter appointed to a | 9 | | police force,
department, or agency and sworn or commissioned | 10 | | to perform police duties,
except that the following persons | 11 | | are not
included: part-time police
officers, special police | 12 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 13 | | the Illinois Municipal Code, night watchmen, "merchant | 14 | | police",
court security officers as defined by Section | 15 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic | 16 | | guards or wardens, civilian parking meter and
parking | 17 | | facilities personnel or other individuals specially appointed | 18 | | to
aid or direct traffic at or near schools or public functions | 19 | | or to aid in
civil defense or disaster, parking enforcement | 20 | | employees who are not
commissioned as peace officers and who | 21 | | are not armed and who are not
routinely expected to effect | 22 | | arrests, parking lot attendants, clerks and
dispatchers or | 23 | | other civilian employees of a police department who are not
| 24 | | routinely expected to effect arrests, or elected officials.
| 25 | | (l) "Person" includes one or more individuals, labor | 26 | | organizations, public
employees, associations, corporations, |
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| 1 | | legal representatives, trustees,
trustees in bankruptcy, | 2 | | receivers, or the State of Illinois or any political
| 3 | | subdivision of the State or governing body, but does not | 4 | | include the General
Assembly of the State of Illinois or any | 5 | | individual employed by the General
Assembly of the State of | 6 | | Illinois.
| 7 | | (m) "Professional employee" means any employee engaged in | 8 | | work predominantly
intellectual and varied in character rather | 9 | | than routine mental, manual,
mechanical or physical work; | 10 | | involving the consistent exercise of discretion
and adjustment | 11 | | in its performance; of such a character that the output | 12 | | produced
or the result accomplished cannot be standardized in | 13 | | relation to a given
period of time; and requiring advanced | 14 | | knowledge in a field of science or
learning customarily | 15 | | acquired by a prolonged course of specialized intellectual
| 16 | | instruction and study in an institution of higher learning or | 17 | | a hospital,
as distinguished from a general academic education | 18 | | or from apprenticeship
or from training in the performance of | 19 | | routine mental, manual, or physical
processes; or any employee | 20 | | who has completed the courses of specialized
intellectual | 21 | | instruction and study prescribed in this subsection (m) and is
| 22 | | performing related
work under the supervision of a | 23 | | professional person to qualify to become
a professional | 24 | | employee as defined in this subsection (m).
| 25 | | (n) "Public employee" or "employee", for the purposes of | 26 | | this Act, means
any individual employed by a public employer, |
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| 1 | | including (i) interns and residents
at public hospitals, (ii) | 2 | | as of the effective date of this amendatory Act of the 93rd | 3 | | General
Assembly, but not
before, personal assistants working | 4 | | under the Home
Services
Program under Section 3 of the | 5 | | Rehabilitation of Persons with Disabilities Act, subject to
| 6 | | the
limitations set forth in this Act and in the | 7 | | Rehabilitation of Persons with Disabilities
Act,
(iii) as of | 8 | | the effective date of this amendatory Act of the 94th General | 9 | | Assembly, but not before, child and day care home providers | 10 | | participating in the child care assistance program under | 11 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 12 | | limitations set forth in this Act and in Section 9A-11 of the | 13 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the | 14 | | effective date of Public Act 97-1158), but not before except | 15 | | as otherwise provided in this subsection (n), home care and | 16 | | home health workers who function as personal assistants and | 17 | | individual maintenance home health workers and who also work | 18 | | under the Home Services Program under Section 3 of the | 19 | | Rehabilitation of Persons with Disabilities Act, no matter | 20 | | whether the State provides those services through direct | 21 | | fee-for-service arrangements, with the assistance of a managed | 22 | | care organization or other intermediary, or otherwise, (v) | 23 | | beginning on the effective date of this amendatory Act of the | 24 | | 98th General Assembly and notwithstanding any other provision | 25 | | of this Act, any person employed by a public employer and who | 26 | | is classified as or who holds the employment title of Chief |
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| 1 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 2 | | Sewage Plant Operator, Water Plant Operator, Stationary | 3 | | Engineer, Plant Operating Engineer, and any other employee who | 4 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 5 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 6 | | Technical Manager III, Technical Manager IV, Technical Manager | 7 | | V, Technical Manager VI, Realty Specialist III, Realty | 8 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 9 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 10 | | IV, or Technical Advisor V employed by the Department of | 11 | | Transportation who is in a position which is certified in a | 12 | | bargaining unit on or before the effective date of this | 13 | | amendatory Act of the 98th General Assembly, and (vi) | 14 | | beginning on the effective date of this amendatory Act of the | 15 | | 98th General Assembly and notwithstanding any other provision | 16 | | of this Act, any mental health administrator in the Department | 17 | | of Corrections who is classified as or who holds the position | 18 | | of Public Service Administrator (Option 8K), any employee of | 19 | | the Office of the Inspector General in the Department of Human | 20 | | Services who is classified as or who holds the position of | 21 | | Public Service Administrator (Option 7), any Deputy of | 22 | | Intelligence in the Department of Corrections who is | 23 | | classified as or who holds the position of Public Service | 24 | | Administrator (Option 7), and any employee of the Department | 25 | | of State Police who handles issues concerning the Illinois | 26 | | State Police Sex Offender Registry and who is classified as or |
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| 1 | | holds the position of Public Service Administrator (Option 7), | 2 | | but excluding all of the following: employees of the
General | 3 | | Assembly of the State of Illinois; elected officials; | 4 | | executive
heads of a department; members of boards or | 5 | | commissions; the Executive
Inspectors General; any special | 6 | | Executive Inspectors General; employees of each
Office of an | 7 | | Executive Inspector General;
commissioners and employees of | 8 | | the Executive Ethics Commission; the Auditor
General's | 9 | | Inspector General; employees of the Office of the Auditor | 10 | | General's
Inspector General; the Legislative Inspector | 11 | | General; any special Legislative
Inspectors General; employees | 12 | | of the Office
of the Legislative Inspector General;
| 13 | | commissioners and employees of the Legislative Ethics | 14 | | Commission;
employees
of any
agency, board or commission | 15 | | created by this Act; employees appointed to
State positions of | 16 | | a temporary or emergency nature; all employees of school
| 17 | | districts and higher education institutions except | 18 | | firefighters and peace
officers employed
by a state university | 19 | | and except peace officers employed by a school district in its | 20 | | own police department in existence on the effective date of | 21 | | this amendatory Act of the 96th General Assembly; managerial | 22 | | employees; short-term employees; legislative liaisons; a | 23 | | person who is a State employee under the jurisdiction of the | 24 | | Office of the Attorney General who is licensed to practice law | 25 | | or whose position authorizes, either directly or indirectly, | 26 | | meaningful input into government decision-making on issues |
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| 1 | | where there is room for principled disagreement on goals or | 2 | | their implementation; a person who is a State employee under | 3 | | the jurisdiction of the Office of the Comptroller who holds | 4 | | the position of Public Service Administrator or whose position | 5 | | is otherwise exempt under the Comptroller Merit Employment | 6 | | Code; a person who is a State employee under the jurisdiction | 7 | | of the Secretary of State who holds the position | 8 | | classification of Executive I or higher, whose position | 9 | | authorizes, either directly or indirectly, meaningful input | 10 | | into government decision-making on issues where there is room | 11 | | for principled disagreement on goals or their implementation, | 12 | | or who is otherwise exempt under the Secretary of State Merit | 13 | | Employment Code; employees in the Office of the Secretary of | 14 | | State who are completely exempt from jurisdiction B of the | 15 | | Secretary of State Merit Employment Code and who are in | 16 | | Rutan-exempt positions on or after April 5, 2013 (the | 17 | | effective date of Public Act 97-1172); a person who is a State | 18 | | employee under the jurisdiction of the Treasurer who holds a | 19 | | position that is exempt from the State Treasurer Employment | 20 | | Code; any employee of a State agency who (i) holds the title or | 21 | | position of, or exercises substantially similar duties as a | 22 | | legislative liaison, Agency General Counsel, Agency Chief of | 23 | | Staff, Agency Executive Director, Agency Deputy Director, | 24 | | Agency Chief Fiscal Officer, Agency Human Resources Director, | 25 | | Public Information Officer, or Chief Information Officer and | 26 | | (ii) was neither included in a bargaining unit nor subject to |
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| 1 | | an active petition for certification in a bargaining unit; any | 2 | | employee of a State agency who (i) is in a position that is | 3 | | Rutan-exempt, as designated by the employer, and completely | 4 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 5 | | neither included in a bargaining unit nor subject to an active | 6 | | petition for certification in a bargaining unit; any term | 7 | | appointed employee of a State agency pursuant to Section 8b.18 | 8 | | or 8b.19 of the Personnel Code who was neither included in a | 9 | | bargaining unit nor subject to an active petition for | 10 | | certification in a bargaining unit; any employment position | 11 | | properly designated pursuant to Section 6.1 of this Act;
| 12 | | confidential employees; independent contractors; and | 13 | | supervisors except as
provided in this Act.
| 14 | | Home care
and home health workers who function as personal | 15 | | assistants and individual maintenance home health workers and | 16 | | who also work under the Home Services Program under Section 3 | 17 | | of the Rehabilitation of Persons with Disabilities Act shall | 18 | | not be considered
public
employees for any purposes not | 19 | | specifically provided for in Public Act 93-204 or Public Act | 20 | | 97-1158, including but not limited to, purposes of vicarious
| 21 | | liability in tort
and purposes of statutory retirement or | 22 | | health insurance benefits. Home care and home health workers | 23 | | who function as personal assistants and individual maintenance | 24 | | home health workers and who also work under the Home Services | 25 | | Program under Section 3 of the Rehabilitation of Persons with | 26 | | Disabilities Act shall not be covered by the State Employees
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| 1 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 2 | | Child and day care home providers shall not be considered | 3 | | public employees for any purposes not specifically provided | 4 | | for in this amendatory Act of the 94th General Assembly, | 5 | | including but not limited to, purposes of vicarious liability | 6 | | in tort and purposes of statutory retirement or health | 7 | | insurance benefits. Child and day care home providers shall | 8 | | not be covered by the State Employees Group Insurance Act of | 9 | | 1971. | 10 | | Notwithstanding Section 9, subsection (c), or any other | 11 | | provisions of
this Act, all peace officers above the rank of | 12 | | captain in
municipalities with more than 1,000,000 inhabitants | 13 | | shall be excluded
from this Act.
| 14 | | (o) Except as otherwise in subsection (o-5), "public | 15 | | employer" or "employer" means the State of Illinois; any
| 16 | | political subdivision of the State, unit of local government | 17 | | or school
district; authorities including departments, | 18 | | divisions, bureaus, boards,
commissions, or other agencies of | 19 | | the foregoing entities; and any person
acting within the scope | 20 | | of his or her authority, express or implied, on
behalf of those | 21 | | entities in dealing with its employees.
As of the effective | 22 | | date of the amendatory Act of the 93rd General Assembly,
but | 23 | | not
before, the State of Illinois shall be considered the | 24 | | employer of the personal assistants working under the Home | 25 | | Services Program
under
Section 3 of the Rehabilitation of | 26 | | Persons with Disabilities Act, subject to the
limitations set |
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| 1 | | forth
in this Act and in the Rehabilitation of Persons with | 2 | | Disabilities Act. As of January 29, 2013 (the effective date | 3 | | of Public Act 97-1158), but not before except as otherwise | 4 | | provided in this subsection (o), the State shall be considered | 5 | | the employer of home care and home health workers who function | 6 | | as personal assistants and individual maintenance home health | 7 | | workers and who also work under the Home Services Program | 8 | | under Section 3 of the Rehabilitation of Persons with | 9 | | Disabilities Act, no matter whether the State provides those | 10 | | services through direct fee-for-service arrangements, with the | 11 | | assistance of a managed care organization or other | 12 | | intermediary, or otherwise, but subject to the limitations set | 13 | | forth in this Act and the Rehabilitation of Persons with | 14 | | Disabilities Act. The State shall not
be
considered to be the | 15 | | employer of home care and home health workers who function as | 16 | | personal
assistants and individual maintenance home health | 17 | | workers and who also work under the Home Services Program | 18 | | under Section 3 of the Rehabilitation of Persons with | 19 | | Disabilities Act, for any
purposes not specifically provided | 20 | | for in Public Act 93-204 or Public Act 97-1158, including but | 21 | | not limited to, purposes of vicarious liability in tort
and
| 22 | | purposes of statutory retirement or health insurance benefits. | 23 | | Home care and home health workers who function as
personal | 24 | | assistants and individual maintenance home health workers and | 25 | | who also work under the Home Services Program under Section 3 | 26 | | of the Rehabilitation of Persons with Disabilities Act shall |
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| 1 | | not be covered by the State Employees Group
Insurance Act of | 2 | | 1971
(5 ILCS 375/).
As of the effective date of this amendatory | 3 | | Act of the 94th General Assembly but not before, the State of | 4 | | Illinois shall be considered the employer of the day and child | 5 | | care home providers participating in the child care assistance | 6 | | program under Section 9A-11 of the Illinois Public Aid Code, | 7 | | subject to the limitations set forth in this Act and in Section | 8 | | 9A-11 of the Illinois Public Aid Code. The State shall not be | 9 | | considered to be the employer of child and day care home | 10 | | providers for any purposes not specifically provided for in | 11 | | this amendatory Act of the 94th General Assembly, including | 12 | | but not limited to, purposes of vicarious liability in tort | 13 | | and purposes of statutory retirement or health insurance | 14 | | benefits. Child and day care home providers shall not be | 15 | | covered by the State Employees Group Insurance Act of 1971. | 16 | | "Public employer" or
"employer" as used in this Act, | 17 | | however, does not
mean and shall not include the General | 18 | | Assembly of the State of Illinois,
the Executive Ethics | 19 | | Commission, the Offices of the Executive Inspectors
General, | 20 | | the Legislative Ethics Commission, the Office of the | 21 | | Legislative
Inspector General, the Office of the Auditor | 22 | | General's Inspector General, the Office of the Governor, the | 23 | | Governor's Office of Management and Budget, the Illinois | 24 | | Finance Authority, the Office of the Lieutenant Governor, the | 25 | | State Board of Elections, and educational employers or | 26 | | employers as defined in the Illinois
Educational Labor |
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| 1 | | Relations Act, except with respect to a state university in
| 2 | | its employment of firefighters and peace officers and except | 3 | | with respect to a school district in the employment of peace | 4 | | officers in its own police department in existence on the | 5 | | effective date of this amendatory Act of the 96th General | 6 | | Assembly. County boards and county
sheriffs shall be
| 7 | | designated as joint or co-employers of county peace officers | 8 | | appointed
under the authority of a county sheriff. Nothing in | 9 | | this subsection
(o) shall be construed
to prevent the State | 10 | | Panel or the Local Panel
from determining that employers are | 11 | | joint or co-employers.
| 12 | | (o-5) With respect to
wages, fringe
benefits, hours, | 13 | | holidays, vacations, proficiency
examinations, sick leave, and | 14 | | other conditions of
employment, the public employer of public | 15 | | employees who are court reporters, as
defined in the Court | 16 | | Reporters 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 | 5 | | responsible for the
supervision and control of inmates at | 6 | | correctional facilities. The term
also includes other | 7 | | non-security employees in bargaining units having the
majority | 8 | | of employees being responsible for the supervision and control | 9 | | of
inmates at correctional facilities.
| 10 | | (q) "Short-term employee" means an employee who is | 11 | | employed for less
than 2 consecutive calendar quarters during | 12 | | a calendar year and who does
not have a reasonable assurance | 13 | | that he or she will be rehired by the
same employer for the | 14 | | same service in a subsequent calendar year.
| 15 | | (q-5) "State agency" means an agency directly responsible | 16 | | to the Governor, as defined in Section 3.1 of the Executive | 17 | | Reorganization Implementation Act, and the Illinois Commerce | 18 | | Commission, the Illinois Workers' Compensation Commission, the | 19 | | Civil Service Commission, the Pollution Control Board, the | 20 | | Illinois Racing Board, and the Department of State Police | 21 | | Merit 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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| 1 | | held by
employees whose collective interests may suitably be | 2 | | represented by a labor
organization for collective bargaining. | 3 | | Except with respect to non-State fire
fighters and paramedics | 4 | | employed by fire departments and fire protection
districts, | 5 | | non-State peace officers, and peace officers in the Department | 6 | | of
State Police, a bargaining unit determined by the Board | 7 | | shall not include both
employees and supervisors, or | 8 | | supervisors only, except as provided in paragraph
(2) of this | 9 | | subsection (s) and except for bargaining units in existence on | 10 | | July
1, 1984 (the effective date of this Act). With respect to | 11 | | non-State fire
fighters and paramedics employed by fire | 12 | | departments and fire protection
districts, non-State peace | 13 | | officers, and peace officers in the Department of
State | 14 | | Police, a bargaining unit determined by the Board shall not | 15 | | include both
supervisors and nonsupervisors, or supervisors | 16 | | only, except as provided in
paragraph (2) of this subsection | 17 | | (s) and except for bargaining units in
existence on January 1, | 18 | | 1986 (the effective date of this amendatory Act of
1985). A | 19 | | bargaining unit determined by the Board to contain peace | 20 | | officers
shall contain no employees other than peace officers | 21 | | unless otherwise agreed to
by the employer and the labor | 22 | | organization or labor organizations involved.
Notwithstanding | 23 | | any other provision of this Act, a bargaining unit, including | 24 | | a
historical bargaining unit, containing sworn peace officers | 25 | | of the Department
of Natural Resources (formerly designated | 26 | | the Department of Conservation) shall
contain no employees |
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| 1 | | other than such sworn peace officers upon the effective
date | 2 | | of this amendatory Act of 1990 or upon the expiration date of | 3 | | any
collective bargaining agreement in effect upon the | 4 | | effective date of this
amendatory Act of 1990 covering both | 5 | | such sworn peace officers and other
employees.
| 6 | | (2) Notwithstanding the exclusion of supervisors from | 7 | | bargaining units
as provided in paragraph (1) of this | 8 | | subsection (s), a public
employer may agree to permit its | 9 | | supervisory employees to form bargaining units
and may bargain | 10 | | with those units. This Act shall apply if the public employer
| 11 | | chooses to bargain under this subsection.
| 12 | | (3) Public employees who are court reporters, as defined
| 13 | | in the Court Reporters Act,
shall be divided into 3 units for | 14 | | collective bargaining purposes. One unit
shall be court | 15 | | reporters employed by the Cook County Judicial Circuit; one
| 16 | | unit shall be court reporters employed by the 12th, 18th, | 17 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 18 | | circuits; and one unit shall be court reporters employed by | 19 | | all other
judicial circuits.
| 20 | | (t) "Active petition for certification in a bargaining | 21 | | unit" means a petition for certification filed with the Board | 22 | | under one of the following case numbers: S-RC-11-110; | 23 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 24 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 25 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 26 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
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| 1 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 2 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 3 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 4 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 5 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 6 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 7 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 8 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 9 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 10 | | S-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 | 14 | | fighter , and other essential services employee disputes.
| 15 | | (a) In the case of collective bargaining agreements | 16 | | involving units of
security employees of a public employer, | 17 | | Peace Officer Units, or units of
fire fighters or paramedics, | 18 | | or other units of essential services employees as defined | 19 | | under subsection (e) of Section 3, except for those employed | 20 | | by the County of Cook, City of Chicago, Chicago Park District, | 21 | | or Metropolitan Water Reclamation District of Greater Chicago, | 22 | | and in the case of disputes under Section 18,
unless the | 23 | | parties mutually agree to some other time limit, mediation
| 24 | | shall commence 30 days prior to the expiration date of such | 25 | | agreement or
at such later time as the mediation services |
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| 1 | | chosen under subsection (b) of
Section 12 can be provided to | 2 | | the parties. In the case of negotiations
for an initial | 3 | | collective bargaining agreement, mediation shall commence
upon | 4 | | 15 days notice from either party or at such later time as the
| 5 | | mediation services chosen pursuant to subsection (b) of | 6 | | Section 12 can be
provided to the parties. In mediation under | 7 | | this Section, if either party
requests the use of mediation | 8 | | services from the Federal Mediation and
Conciliation Service, | 9 | | the other party shall either join in such request or
bear the | 10 | | additional cost of mediation services from another source. The
| 11 | | mediator shall have a duty to keep the Board informed on the | 12 | | progress of
the mediation. If any dispute has not been | 13 | | resolved within 15 days after
the first meeting of the parties | 14 | | and the mediator, or within such other
time limit as may be | 15 | | mutually agreed upon by the parties, either the
exclusive | 16 | | representative or employer may request of the other, in | 17 | | writing,
arbitration, and shall submit a copy of the request | 18 | | to the Board.
| 19 | | (b) Within 10 days after such a request for arbitration | 20 | | has been
made, the employer shall choose a delegate and
the | 21 | | employees' exclusive representative shall choose a delegate to | 22 | | a panel
of arbitration as provided in this Section. The | 23 | | employer and employees
shall forthwith advise the other and | 24 | | the Board of their selections.
| 25 | | (c) Within 7 days after the request of either party, the | 26 | | parties shall request a panel of impartial arbitrators from |
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| 1 | | which they shall select the neutral chairman according to the | 2 | | procedures provided in this Section. If the parties have | 3 | | agreed to a contract that contains a grievance resolution | 4 | | procedure as provided in Section 8, the chairman shall be | 5 | | selected using their agreed contract procedure unless they | 6 | | mutually agree to another procedure. If the parties fail to | 7 | | notify the Board of their selection of neutral chairman within | 8 | | 7 days after receipt of the list of impartial arbitrators, the | 9 | | Board shall appoint, at random, a neutral chairman from the | 10 | | list. In the absence of an agreed contract procedure for | 11 | | selecting an impartial arbitrator, either party may request a | 12 | | panel from the Board. Within 7 days of the request of either | 13 | | party, the Board shall select
from the Public Employees Labor | 14 | | Mediation Roster 7 persons who are on the
labor arbitration | 15 | | panels of either the American Arbitration Association or
the | 16 | | Federal Mediation and Conciliation Service, or who are members | 17 | | of the
National Academy of Arbitrators, as nominees for
| 18 | | impartial arbitrator of the arbitration panel. The parties may | 19 | | select an
individual on the list provided by the Board or any | 20 | | other individual
mutually agreed upon by the parties. Within 7 | 21 | | days following the receipt
of the list, the parties shall | 22 | | notify the Board of the person they have
selected. Unless the | 23 | | parties agree on an alternate selection procedure,
they shall | 24 | | alternatively strike one name from the list provided by the
| 25 | | Board until only one name remains. A coin toss shall determine | 26 | | which party
shall strike the first name. If the parties fail to |
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| 1 | | notify the Board in a
timely manner of their selection for | 2 | | neutral chairman, the Board shall
appoint a neutral chairman | 3 | | from the Illinois Public Employees
Mediation/Arbitration | 4 | | Roster.
| 5 | | (d) The chairman shall call a hearing to begin within 15 | 6 | | days and give
reasonable notice of the time and place of the | 7 | | hearing. The hearing
shall be held at the offices of the Board | 8 | | or at such other location as the
Board deems appropriate. The | 9 | | chairman shall preside over the hearing and
shall take | 10 | | testimony. Any oral or documentary evidence and other data
| 11 | | deemed relevant by the arbitration panel may be received in | 12 | | evidence. The
proceedings shall be informal. Technical rules | 13 | | of evidence shall not apply
and the competency of the evidence | 14 | | shall not thereby be deemed impaired. A
verbatim record of the | 15 | | proceedings shall be made and the arbitrator shall
arrange for | 16 | | the necessary recording service. Transcripts may be ordered at
| 17 | | the expense of the party ordering them, but the transcripts | 18 | | shall not be
necessary for a decision by the arbitration | 19 | | panel. The expense of the
proceedings, including a fee for the | 20 | | chairman, shall be borne equally by each of the parties to the | 21 | | dispute.
The delegates, if public officers or employees, shall | 22 | | continue on the
payroll of the public employer without loss of | 23 | | pay. The hearing conducted
by the arbitration panel may be | 24 | | adjourned from time to time, but unless
otherwise agreed by | 25 | | the parties, shall be concluded within 30 days of the
time of | 26 | | its commencement. Majority actions and rulings shall |
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| 1 | | constitute
the actions and rulings of the arbitration panel. | 2 | | Arbitration proceedings
under this Section shall not be | 3 | | interrupted or terminated by reason of any
unfair labor | 4 | | practice charge filed by either party at any time.
| 5 | | (e) The arbitration panel may administer oaths, require | 6 | | the attendance
of witnesses, and the production of such books, | 7 | | papers, contracts, agreements
and documents as may be deemed | 8 | | by it material to a just determination of
the issues in | 9 | | dispute, and for such purpose may issue subpoenas. If any
| 10 | | person refuses to obey a subpoena, or refuses to be sworn or to | 11 | | testify,
or if any witness, party or attorney is guilty of any | 12 | | contempt while in
attendance at any hearing, the arbitration | 13 | | panel may, or the attorney general
if requested shall, invoke | 14 | | the aid of any circuit court within the jurisdiction
in which | 15 | | the hearing is being held, which court shall issue an | 16 | | appropriate
order. Any failure to obey the order may be | 17 | | punished by the court as contempt.
| 18 | | (f) At any time before the rendering of an award, the | 19 | | chairman of the
arbitration panel, if he is of the opinion that | 20 | | it would be useful or
beneficial to do so, may remand the | 21 | | dispute to the parties for further
collective bargaining for a | 22 | | period not to exceed 2 weeks. If the dispute
is remanded for | 23 | | further collective bargaining the time provisions of this
Act | 24 | | shall be extended for a time period equal to that of the | 25 | | remand. The
chairman of the panel of arbitration shall notify | 26 | | the Board of the remand.
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| 1 | | (g) At or before the conclusion of the hearing held | 2 | | pursuant to subsection
(d), the arbitration panel shall | 3 | | identify the economic issues in dispute,
and direct each of | 4 | | the parties to submit, within such time limit as the
panel | 5 | | shall prescribe, to the arbitration panel and to each other | 6 | | its last
offer of settlement on each economic issue. The | 7 | | determination of the
arbitration panel as to the issues in | 8 | | dispute and as to which of these
issues are economic shall be | 9 | | conclusive. The arbitration panel, within 30
days after the | 10 | | conclusion of the hearing, or such further additional
periods | 11 | | to which the parties may agree, shall make written findings of | 12 | | fact
and promulgate a written opinion and shall mail or | 13 | | otherwise deliver a true
copy thereof to the parties and their | 14 | | representatives and to the Board. As
to each economic issue, | 15 | | the arbitration panel shall adopt the last offer of
settlement | 16 | | which, in the opinion of the arbitration panel, more nearly
| 17 | | complies with the applicable factors prescribed in subsection | 18 | | (h). The
findings, opinions and order as to all other issues | 19 | | shall be based upon the
applicable factors prescribed in | 20 | | subsection (h).
| 21 | | (h) Where there is no agreement between the parties, or | 22 | | where there is
an agreement but the parties have begun | 23 | | negotiations or discussions looking
to a new agreement or | 24 | | amendment of the existing agreement, and wage rates
or other | 25 | | conditions of employment under the proposed new or amended | 26 | | agreement
are in dispute, the arbitration panel shall base its |
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| 1 | | findings, opinions
and order upon the following factors, as | 2 | | applicable:
| 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, |
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| 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 | 8 | | decision shall be
limited to wages, hours, and conditions of | 9 | | employment (which may include
residency requirements in | 10 | | municipalities with a population under 1,000,000, but
those | 11 | | residency requirements shall not allow residency outside of | 12 | | Illinois)
and shall not include
the following: i) residency | 13 | | requirements in municipalities with a population
of at least | 14 | | 1,000,000; ii) the type of equipment, other
than uniforms, | 15 | | issued or used; iii) manning; iv) the total number of
| 16 | | employees employed by the department; v) mutual aid and | 17 | | assistance
agreements to other units of government; and vi) | 18 | | the criterion pursuant to
which force, including deadly force, | 19 | | can be used; provided, nothing herein
shall preclude an | 20 | | arbitration decision regarding equipment or manning
levels if | 21 | | such decision is based on a finding that the equipment or | 22 | | manning
considerations in a specific work assignment involve a | 23 | | serious risk to the
safety of a peace officer beyond that which | 24 | | is inherent in the normal
performance of police duties. | 25 | | Limitation of the terms of the arbitration
decision pursuant | 26 | | to this subsection shall not be construed to limit the
factors |
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| 1 | | upon which the decision may be based, as set forth in | 2 | | subsection (h).
| 3 | | In the case of fire fighter, and fire department or fire | 4 | | district paramedic
matters, the arbitration decision shall be | 5 | | limited to wages, hours, and
conditions of employment | 6 | | (including manning and also including residency requirements | 7 | | in
municipalities with a population under 1,000,000, but those | 8 | | residency
requirements shall not allow residency outside of | 9 | | Illinois) and shall not
include the
following matters: i) | 10 | | residency requirements in municipalities with a
population of | 11 | | at least 1,000,000; ii) the type of equipment (other than
| 12 | | uniforms and fire fighter turnout gear) issued or used; iii) | 13 | | the total
number of employees employed by the department; iv) | 14 | | mutual aid and
assistance agreements to other units of | 15 | | government; and v) the criterion
pursuant to which force, | 16 | | including deadly force, can be used; provided,
however, | 17 | | nothing herein shall preclude an arbitration decision | 18 | | regarding
equipment levels if such decision is based on a | 19 | | finding that the equipment
considerations in a specific work | 20 | | assignment involve a serious risk to the
safety of a fire | 21 | | fighter beyond that which is inherent in the normal
| 22 | | performance of fire fighter duties. Limitation of the terms of | 23 | | the
arbitration decision pursuant to this subsection shall not | 24 | | be construed to
limit the facts upon which the decision may be | 25 | | based, as set forth in
subsection (h).
| 26 | | The changes to this subsection (i) made by Public Act |
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| 1 | | 90-385 (relating to residency requirements) do not
apply to | 2 | | persons who are employed by a combined department that | 3 | | performs both
police and firefighting services; these persons | 4 | | shall be governed by the
provisions of this subsection (i) | 5 | | relating to peace officers, as they existed
before the | 6 | | amendment by Public Act 90-385.
| 7 | | To preserve historical bargaining rights, this subsection | 8 | | shall not apply
to any provision of a fire fighter collective | 9 | | bargaining agreement in effect
and applicable on the effective | 10 | | date of this Act; provided, however, nothing
herein shall | 11 | | preclude arbitration with respect to any such provision.
| 12 | | (j) Arbitration procedures shall be deemed to be initiated | 13 | | by the
filing of a letter requesting mediation as required | 14 | | under subsection (a)
of this Section. The commencement of a | 15 | | new municipal fiscal year after the
initiation of arbitration | 16 | | procedures under this Act, but before the
arbitration | 17 | | decision, or its enforcement, shall not be deemed to render a
| 18 | | dispute moot, or to otherwise impair the jurisdiction or | 19 | | authority of the
arbitration panel or its decision. Increases | 20 | | in rates
of compensation awarded by the arbitration panel may | 21 | | be effective only at
the start of the fiscal year next | 22 | | commencing after the date of the arbitration
award. If a new | 23 | | fiscal year has commenced either since the initiation of
| 24 | | arbitration procedures under this Act or since any mutually | 25 | | agreed
extension of the statutorily required period of | 26 | | mediation
under this Act by the parties to the labor dispute |
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| 1 | | causing a
delay in the initiation of arbitration, the | 2 | | foregoing limitations shall be
inapplicable, and such awarded | 3 | | increases may be retroactive to the
commencement of the fiscal | 4 | | year, any other statute or charter provisions to
the contrary, | 5 | | notwithstanding. At any time the parties, by stipulation, may
| 6 | | amend or modify an award of arbitration.
| 7 | | (k) Orders of the arbitration panel shall be reviewable, | 8 | | upon
appropriate petition by either the public employer or the | 9 | | exclusive
bargaining representative, by the circuit court for | 10 | | the county in which the
dispute arose or in which a majority of | 11 | | the affected employees reside, but
only for reasons that the | 12 | | arbitration panel was without or exceeded its
statutory | 13 | | authority; the order is arbitrary, or capricious; or the order
| 14 | | was procured by fraud, collusion or other similar and unlawful | 15 | | means. Such
petitions for review must be filed with the | 16 | | appropriate circuit court
within 90 days following the | 17 | | issuance of the arbitration order. The
pendency of such | 18 | | proceeding for review shall not automatically stay the
order | 19 | | of the arbitration panel. The party against whom the final | 20 | | decision
of any such court shall be adverse, if such court | 21 | | finds such appeal or
petition to be frivolous, shall pay | 22 | | reasonable attorneys' fees and costs to
the successful party | 23 | | as determined by said court in its discretion. If said
court's | 24 | | decision affirms the award of money, such award, if | 25 | | retroactive,
shall bear interest at the rate of 12 percent per | 26 | | annum from the effective
retroactive date.
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| 1 | | (l) During the pendency of proceedings before the | 2 | | arbitration panel,
existing wages, hours, and other conditions | 3 | | of employment shall not be
changed by action of either party | 4 | | without the consent of the other but a
party may so consent | 5 | | without prejudice to his rights or position under
this Act. | 6 | | The proceedings are deemed to be pending before the | 7 | | arbitration
panel upon the initiation of arbitration | 8 | | procedures under this Act.
| 9 | | (m) Security officers of public employers, and Peace | 10 | | Officers, Fire
Fighters and fire department and fire | 11 | | protection district paramedics,
covered by this Section may | 12 | | not withhold services, nor may public employers
lock out or | 13 | | prevent such employees from performing services at any time.
| 14 | | (n) All of the terms decided upon by the arbitration panel | 15 | | shall be included
in an agreement to be submitted to the public | 16 | | employer's governing body
for ratification and adoption by | 17 | | law, ordinance or the equivalent
appropriate means.
| 18 | | The governing body shall review each term decided by the | 19 | | arbitration panel.
If the governing body fails to reject one | 20 | | or more terms of the
arbitration panel's decision by a 3/5 vote | 21 | | of those duly elected and
qualified members of the governing | 22 | | body, within 20 days of issuance, or
in the case of | 23 | | firefighters employed by a state university, at the next
| 24 | | regularly scheduled meeting of the governing body after | 25 | | issuance, such
term or terms shall become a part of the | 26 | | collective bargaining agreement of
the parties. If the |
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| 1 | | governing body affirmatively rejects one or more terms
of the | 2 | | arbitration panel's decision, it must provide reasons for such
| 3 | | rejection with respect to each term so rejected, within 20 | 4 | | days of such
rejection and the parties shall return to the | 5 | | arbitration panel
for further proceedings and issuance of a | 6 | | supplemental decision with respect
to the rejected terms. Any | 7 | | supplemental decision by an arbitration panel
or other | 8 | | decision maker agreed to by the parties shall be submitted to
| 9 | | the governing body for ratification and adoption in accordance | 10 | | with the
procedures and voting requirements set forth in this | 11 | | Section.
The voting requirements of this subsection shall | 12 | | apply to all disputes
submitted to arbitration pursuant to | 13 | | this Section notwithstanding any
contrary voting requirements | 14 | | contained in any existing collective
bargaining agreement | 15 | | between the parties.
| 16 | | (o) If the governing body of the employer votes to reject | 17 | | the panel's
decision, the parties shall return to the panel | 18 | | within 30 days from the
issuance of the reasons for rejection | 19 | | for further proceedings and issuance
of a supplemental | 20 | | decision. All reasonable costs of such supplemental
proceeding | 21 | | including the exclusive representative's reasonable attorney's
| 22 | | fees, as established by the Board, shall be paid by the | 23 | | employer.
| 24 | | (p) Notwithstanding the provisions of this Section the | 25 | | employer and
exclusive representative may agree to submit | 26 | | unresolved disputes concerning
wages, hours, terms and |
| | | HB3156 | - 37 - | LRB102 13467 RJF 18814 b |
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| 1 | | conditions of employment to an alternative form of
impasse | 2 | | resolution.
| 3 | | (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
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