Illinois General Assembly - Full Text of HB3566
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Full Text of HB3566  102nd General Assembly

HB3566 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3566

 

Introduced 2/22/2021, by Rep. David A. Welter

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/29 new

    Amends the Illinois Public Labor Relations Act. Provides that, in labor negotiations in which a circuit clerk's office is an involved bargaining unit, the county board that is responsible for the funding of the circuit clerk's office shall be considered a co-employer of the bargaining unit along with the circuit clerk's office, and shall be entitled to representation in all labor negotiations. Provides that, in labor negotiations in which the office having managerial authority over probation officers and staff is an involved bargaining unit, the county board that is responsible for the funding of that office shall be considered a co-employer of the bargaining unit along with the office that has managerial authority, and shall be entitled to representation in all labor negotiations. Makes a conforming change.


LRB102 10134 RJF 15456 b

 

 

A BILL FOR

 

HB3566LRB102 10134 RJF 15456 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 Section 3 and by adding Section 29 as
6follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and
16other conditions of employment, as detailed in Section 7 and
17which are not excluded by Section 4.
18    (c) "Confidential employee" means an employee who, in the
19regular course of his or her duties, assists and acts in a
20confidential capacity to persons who formulate, determine, and
21effectuate management policies with regard to labor relations
22or who, in the regular course of his or her duties, has
23authorized access to information relating to the effectuation

 

 

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1or review of the employer's collective bargaining policies.
2    (d) "Craft employees" means skilled journeymen, crafts
3persons, and their apprentices and helpers.
4    (e) "Essential services employees" means those public
5employees performing functions so essential that the
6interruption or termination of the function will constitute a
7clear and present danger to the health and safety of the
8persons in the affected community.
9    (f) "Exclusive representative", except with respect to
10non-State fire fighters and paramedics employed by fire
11departments and fire protection districts, non-State peace
12officers, and peace officers in the Department of State
13Police, means the labor organization that has been (i)
14designated by the Board as the representative of a majority of
15public employees in an appropriate bargaining unit in
16accordance with the procedures contained in this Act, (ii)
17historically recognized by the State of Illinois or any
18political subdivision of the State before July 1, 1984 (the
19effective date of this Act) as the exclusive representative of
20the employees in an appropriate bargaining unit, (iii) after
21July 1, 1984 (the effective date of this Act) recognized by an
22employer upon evidence, acceptable to the Board, that the
23labor organization has been designated as the exclusive
24representative by a majority of the employees in an
25appropriate bargaining unit; (iv) recognized as the exclusive
26representative of personal assistants under Executive Order

 

 

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12003-8 prior to the effective date of this amendatory Act of
2the 93rd General Assembly, and the organization shall be
3considered to be the exclusive representative of the personal
4assistants as defined in this Section; or (v) recognized as
5the exclusive representative of child and day care home
6providers, including licensed and license exempt providers,
7pursuant to an election held under Executive Order 2005-1
8prior to the effective date of this amendatory Act of the 94th
9General Assembly, and the organization shall be considered to
10be the exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire
18fighters in an appropriate bargaining unit in accordance with
19the procedures contained in this Act, (ii) historically
20recognized by the State of Illinois or any political
21subdivision of the State before January 1, 1986 (the effective
22date of this amendatory Act of 1985) as the exclusive
23representative by a majority of the peace officers or fire
24fighters in an appropriate bargaining unit, or (iii) after
25January 1, 1986 (the effective date of this amendatory Act of
261985) recognized by an employer upon evidence, acceptable to

 

 

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1the Board, that the labor organization has been designated as
2the exclusive representative by a majority of the peace
3officers or fire fighters in an appropriate bargaining unit.
4    Where a historical pattern of representation exists for
5the workers of a water system that was owned by a public
6utility, as defined in Section 3-105 of the Public Utilities
7Act, prior to becoming certified employees of a municipality
8or municipalities once the municipality or municipalities have
9acquired the water system as authorized in Section 11-124-5 of
10the Illinois Municipal Code, the Board shall find the labor
11organization that has historically represented the workers to
12be the exclusive representative under this Act, and shall find
13the unit represented by the exclusive representative to be the
14appropriate unit.
15    (g) "Fair share agreement" means an agreement between the
16employer and an employee organization under which all or any
17of the employees in a collective bargaining unit are required
18to pay their proportionate share of the costs of the
19collective bargaining process, contract administration, and
20pursuing matters affecting wages, hours, and other conditions
21of employment, but not to exceed the amount of dues uniformly
22required of members. The amount certified by the exclusive
23representative shall not include any fees for contributions
24related to the election or support of any candidate for
25political office. Nothing in this subsection (g) shall
26preclude an employee from making voluntary political

 

 

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1contributions in conjunction with his or her fair share
2payment.
3    (g-1) "Fire fighter" means, for the purposes of this Act
4only, any person who has been or is hereafter appointed to a
5fire department or fire protection district or employed by a
6state university and sworn or commissioned to perform fire
7fighter duties or paramedic duties, including paramedics
8employed by a unit of local government, except that the
9following persons are not included: part-time fire fighters,
10auxiliary, reserve or voluntary fire fighters, including paid
11on-call fire fighters, clerks and dispatchers or other
12civilian employees of a fire department or fire protection
13district who are not routinely expected to perform fire
14fighter duties, or elected officials.
15    (g-2) "General Assembly of the State of Illinois" means
16the legislative branch of the government of the State of
17Illinois, as provided for under Article IV of the Constitution
18of the State of Illinois, and includes but is not limited to
19the House of Representatives, the Senate, the Speaker of the
20House of Representatives, the Minority Leader of the House of
21Representatives, the President of the Senate, the Minority
22Leader of the Senate, the Joint Committee on Legislative
23Support Services and any legislative support services agency
24listed in the Legislative Commission Reorganization Act of
251984.
26    (h) "Governing body" means, in the case of the State, the

 

 

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1State Panel of the Illinois Labor Relations Board, the
2Director of the Department of Central Management Services, and
3the Director of the Department of Labor; the county board in
4the case of a county; the corporate authorities in the case of
5a municipality; and the appropriate body authorized to provide
6for expenditures of its funds in the case of any other unit of
7government.
8    (i) "Labor organization" means any organization in which
9public employees participate and that exists for the purpose,
10in whole or in part, of dealing with a public employer
11concerning wages, hours, and other terms and conditions of
12employment, including the settlement of grievances.
13    (i-5) "Legislative liaison" means a person who is an
14employee of a State agency, the Attorney General, the
15Secretary of State, the Comptroller, or the Treasurer, as the
16case may be, and whose job duties require the person to
17regularly communicate in the course of his or her employment
18with any official or staff of the General Assembly of the State
19of Illinois for the purpose of influencing any legislative
20action.
21    (j) "Managerial employee" means an individual who is
22engaged predominantly in executive and management functions
23and is charged with the responsibility of directing the
24effectuation of management policies and practices. With
25respect only to State employees in positions under the
26jurisdiction of the Attorney General, Secretary of State,

 

 

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1Comptroller, or Treasurer (i) that were certified in a
2bargaining unit on or after December 2, 2008, (ii) for which a
3petition is filed with the Illinois Public Labor Relations
4Board on or after April 5, 2013 (the effective date of Public
5Act 97-1172), or (iii) for which a petition is pending before
6the Illinois Public Labor Relations Board on that date,
7"managerial employee" means an individual who is engaged in
8executive and management functions or who is charged with the
9effectuation of management policies and practices or who
10represents management interests by taking or recommending
11discretionary actions that effectively control or implement
12policy. Nothing in this definition prohibits an individual
13from also meeting the definition of "supervisor" under
14subsection (r) of this Section.
15    (k) "Peace officer" means, for the purposes of this Act
16only, any persons who have been or are hereafter appointed to a
17police force, department, or agency and sworn or commissioned
18to perform police duties, except that the following persons
19are not included: part-time police officers, special police
20officers, auxiliary police as defined by Section 3.1-30-20 of
21the Illinois Municipal Code, night watchmen, "merchant
22police", court security officers as defined by Section
233-6012.1 of the Counties Code, temporary employees, traffic
24guards or wardens, civilian parking meter and parking
25facilities personnel or other individuals specially appointed
26to aid or direct traffic at or near schools or public functions

 

 

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1or to aid in civil defense or disaster, parking enforcement
2employees who are not commissioned as peace officers and who
3are not armed and who are not routinely expected to effect
4arrests, parking lot attendants, clerks and dispatchers or
5other civilian employees of a police department who are not
6routinely expected to effect arrests, or elected officials.
7    (l) "Person" includes one or more individuals, labor
8organizations, public employees, associations, corporations,
9legal representatives, trustees, trustees in bankruptcy,
10receivers, or the State of Illinois or any political
11subdivision of the State or governing body, but does not
12include the General Assembly of the State of Illinois or any
13individual employed by the General Assembly of the State of
14Illinois.
15    (m) "Professional employee" means any employee engaged in
16work predominantly intellectual and varied in character rather
17than routine mental, manual, mechanical or physical work;
18involving the consistent exercise of discretion and adjustment
19in its performance; of such a character that the output
20produced or the result accomplished cannot be standardized in
21relation to a given period of time; and requiring advanced
22knowledge in a field of science or learning customarily
23acquired by a prolonged course of specialized intellectual
24instruction and study in an institution of higher learning or
25a hospital, as distinguished from a general academic education
26or from apprenticeship or from training in the performance of

 

 

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1routine mental, manual, or physical processes; or any employee
2who has completed the courses of specialized intellectual
3instruction and study prescribed in this subsection (m) and is
4performing related work under the supervision of a
5professional person to qualify to become a professional
6employee as defined in this subsection (m).
7    (n) "Public employee" or "employee", for the purposes of
8this Act, means any individual employed by a public employer,
9including (i) interns and residents at public hospitals, (ii)
10as of the effective date of this amendatory Act of the 93rd
11General Assembly, but not before, personal assistants working
12under the Home Services Program under Section 3 of the
13Rehabilitation of Persons with Disabilities Act, subject to
14the limitations set forth in this Act and in the
15Rehabilitation of Persons with Disabilities Act, (iii) as of
16the effective date of this amendatory Act of the 94th General
17Assembly, but not before, child and day care home providers
18participating in the child care assistance program under
19Section 9A-11 of the Illinois Public Aid Code, subject to the
20limitations set forth in this Act and in Section 9A-11 of the
21Illinois Public Aid Code, (iv) as of January 29, 2013 (the
22effective date of Public Act 97-1158), but not before except
23as otherwise provided in this subsection (n), home care and
24home health workers who function as personal assistants and
25individual maintenance home health workers and who also work
26under the Home Services Program under Section 3 of the

 

 

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1Rehabilitation of Persons with Disabilities Act, no matter
2whether the State provides those services through direct
3fee-for-service arrangements, with the assistance of a managed
4care organization or other intermediary, or otherwise, (v)
5beginning on the effective date of this amendatory Act of the
698th General Assembly and notwithstanding any other provision
7of this Act, any person employed by a public employer and who
8is classified as or who holds the employment title of Chief
9Stationary Engineer, Assistant Chief Stationary Engineer,
10Sewage Plant Operator, Water Plant Operator, Stationary
11Engineer, Plant Operating Engineer, and any other employee who
12holds the position of: Civil Engineer V, Civil Engineer VI,
13Civil Engineer VII, Technical Manager I, Technical Manager II,
14Technical Manager III, Technical Manager IV, Technical Manager
15V, Technical Manager VI, Realty Specialist III, Realty
16Specialist IV, Realty Specialist V, Technical Advisor I,
17Technical Advisor II, Technical Advisor III, Technical Advisor
18IV, or Technical Advisor V employed by the Department of
19Transportation who is in a position which is certified in a
20bargaining unit on or before the effective date of this
21amendatory Act of the 98th General Assembly, and (vi)
22beginning on the effective date of this amendatory Act of the
2398th General Assembly and notwithstanding any other provision
24of this Act, any mental health administrator in the Department
25of Corrections who is classified as or who holds the position
26of Public Service Administrator (Option 8K), any employee of

 

 

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1the Office of the Inspector General in the Department of Human
2Services who is classified as or who holds the position of
3Public Service Administrator (Option 7), any Deputy of
4Intelligence in the Department of Corrections who is
5classified as or who holds the position of Public Service
6Administrator (Option 7), and any employee of the Department
7of State Police who handles issues concerning the Illinois
8State Police Sex Offender Registry and who is classified as or
9holds the position of Public Service Administrator (Option 7),
10but excluding all of the following: employees of the General
11Assembly of the State of Illinois; elected officials;
12executive heads of a department; members of boards or
13commissions; the Executive Inspectors General; any special
14Executive Inspectors General; employees of each Office of an
15Executive Inspector General; commissioners and employees of
16the Executive Ethics Commission; the Auditor General's
17Inspector General; employees of the Office of the Auditor
18General's Inspector General; the Legislative Inspector
19General; any special Legislative Inspectors General; employees
20of the Office of the Legislative Inspector General;
21commissioners and employees of the Legislative Ethics
22Commission; employees of any agency, board or commission
23created by this Act; employees appointed to State positions of
24a temporary or emergency nature; all employees of school
25districts and higher education institutions except
26firefighters and peace officers employed by a state university

 

 

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1and except peace officers employed by a school district in its
2own police department in existence on the effective date of
3this amendatory Act of the 96th General Assembly; managerial
4employees; short-term employees; legislative liaisons; a
5person who is a State employee under the jurisdiction of the
6Office of the Attorney General who is licensed to practice law
7or whose position authorizes, either directly or indirectly,
8meaningful input into government decision-making on issues
9where there is room for principled disagreement on goals or
10their implementation; a person who is a State employee under
11the jurisdiction of the Office of the Comptroller who holds
12the position of Public Service Administrator or whose position
13is otherwise exempt under the Comptroller Merit Employment
14Code; a person who is a State employee under the jurisdiction
15of the Secretary of State who holds the position
16classification of Executive I or higher, whose position
17authorizes, either directly or indirectly, meaningful input
18into government decision-making on issues where there is room
19for principled disagreement on goals or their implementation,
20or who is otherwise exempt under the Secretary of State Merit
21Employment Code; employees in the Office of the Secretary of
22State who are completely exempt from jurisdiction B of the
23Secretary of State Merit Employment Code and who are in
24Rutan-exempt positions on or after April 5, 2013 (the
25effective date of Public Act 97-1172); a person who is a State
26employee under the jurisdiction of the Treasurer who holds a

 

 

HB3566- 13 -LRB102 10134 RJF 15456 b

1position that is exempt from the State Treasurer Employment
2Code; any employee of a State agency who (i) holds the title or
3position of, or exercises substantially similar duties as a
4legislative liaison, Agency General Counsel, Agency Chief of
5Staff, Agency Executive Director, Agency Deputy Director,
6Agency Chief Fiscal Officer, Agency Human Resources Director,
7Public Information Officer, or Chief Information Officer and
8(ii) was neither included in a bargaining unit nor subject to
9an active petition for certification in a bargaining unit; any
10employee of a State agency who (i) is in a position that is
11Rutan-exempt, as designated by the employer, and completely
12exempt from jurisdiction B of the Personnel Code and (ii) was
13neither included in a bargaining unit nor subject to an active
14petition for certification in a bargaining unit; any term
15appointed employee of a State agency pursuant to Section 8b.18
16or 8b.19 of the Personnel Code who was neither included in a
17bargaining unit nor subject to an active petition for
18certification in a bargaining unit; any employment position
19properly designated pursuant to Section 6.1 of this Act;
20confidential employees; independent contractors; and
21supervisors except as provided in this Act.
22    Home care and home health workers who function as personal
23assistants and individual maintenance home health workers and
24who also work under the Home Services Program under Section 3
25of the Rehabilitation of Persons with Disabilities Act shall
26not be considered public employees for any purposes not

 

 

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1specifically provided for in Public Act 93-204 or Public Act
297-1158, including but not limited to, purposes of vicarious
3liability in tort and purposes of statutory retirement or
4health insurance benefits. Home care and home health workers
5who function as personal assistants and individual maintenance
6home health workers and who also work under the Home Services
7Program under Section 3 of the Rehabilitation of Persons with
8Disabilities Act shall not be covered by the State Employees
9Group Insurance Act of 1971 (5 ILCS 375/).
10    Child and day care home providers shall not be considered
11public employees for any purposes not specifically provided
12for in this amendatory Act of the 94th General Assembly,
13including but not limited to, purposes of vicarious liability
14in tort and purposes of statutory retirement or health
15insurance benefits. Child and day care home providers shall
16not be covered by the State Employees Group Insurance Act of
171971.
18    Notwithstanding Section 9, subsection (c), or any other
19provisions of this Act, all peace officers above the rank of
20captain in municipalities with more than 1,000,000 inhabitants
21shall be excluded from this Act.
22    (o) Except as otherwise in subsection (o-5), "public
23employer" or "employer" means the State of Illinois; any
24political subdivision of the State, unit of local government
25or school district; authorities including departments,
26divisions, bureaus, boards, commissions, or other agencies of

 

 

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1the foregoing entities; and any person acting within the scope
2of his or her authority, express or implied, on behalf of those
3entities in dealing with its employees. As of the effective
4date of the amendatory Act of the 93rd General Assembly, but
5not before, the State of Illinois shall be considered the
6employer of the personal assistants working under the Home
7Services Program under Section 3 of the Rehabilitation of
8Persons with Disabilities Act, subject to the limitations set
9forth in this Act and in the Rehabilitation of Persons with
10Disabilities Act. As of January 29, 2013 (the effective date
11of Public Act 97-1158), but not before except as otherwise
12provided in this subsection (o), the State shall be considered
13the employer of home care and home health workers who function
14as personal assistants and individual maintenance home health
15workers and who also work under the Home Services Program
16under Section 3 of the Rehabilitation of Persons with
17Disabilities Act, no matter whether the State provides those
18services through direct fee-for-service arrangements, with the
19assistance of a managed care organization or other
20intermediary, or otherwise, but subject to the limitations set
21forth in this Act and the Rehabilitation of Persons with
22Disabilities Act. The State shall not be considered to be the
23employer of home care and home health workers who function as
24personal assistants and individual maintenance home health
25workers and who also work under the Home Services Program
26under Section 3 of the Rehabilitation of Persons with

 

 

HB3566- 16 -LRB102 10134 RJF 15456 b

1Disabilities Act, for any purposes not specifically provided
2for in Public Act 93-204 or Public Act 97-1158, including but
3not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Home care and home health workers who function as personal
6assistants and individual maintenance home health workers and
7who also work under the Home Services Program under Section 3
8of the Rehabilitation of Persons with Disabilities Act shall
9not be covered by the State Employees Group Insurance Act of
101971 (5 ILCS 375/). As of the effective date of this amendatory
11Act of the 94th General Assembly but not before, the State of
12Illinois shall be considered the employer of the day and child
13care home providers participating in the child care assistance
14program under Section 9A-11 of the Illinois Public Aid Code,
15subject to the limitations set forth in this Act and in Section
169A-11 of the Illinois Public Aid Code. The State shall not be
17considered to be the employer of child and day care home
18providers for any purposes not specifically provided for in
19this amendatory Act of the 94th General Assembly, including
20but not limited to, purposes of vicarious liability in tort
21and purposes of statutory retirement or health insurance
22benefits. Child and day care home providers shall not be
23covered by the State Employees Group Insurance Act of 1971.
24    With respect to labor negotiations in which a circuit
25clerk's office or an office having managerial authority over
26probation officers and staff are an involved bargaining unit,

 

 

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1"employer" shall include the county board that is responsible
2for the funding of those offices.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, the Office of the Governor, the
10Governor's Office of Management and Budget, the Illinois
11Finance Authority, the Office of the Lieutenant Governor, the
12State Board of Elections, and educational employers or
13employers as defined in the Illinois Educational Labor
14Relations Act, except with respect to a state university in
15its employment of firefighters and peace officers and except
16with respect to a school district in the employment of peace
17officers in its own police department in existence on the
18effective date of this amendatory Act of the 96th General
19Assembly. County boards and county sheriffs shall be
20designated as joint or co-employers of county peace officers
21appointed under the authority of a county sheriff. Nothing in
22this subsection (o) shall be construed to prevent the State
23Panel or the Local Panel from determining that employers are
24joint or co-employers.
25    (o-5) With respect to wages, fringe benefits, hours,
26holidays, vacations, proficiency examinations, sick leave, and

 

 

HB3566- 18 -LRB102 10134 RJF 15456 b

1other conditions of employment, the public employer of public
2employees who are court reporters, as defined in the Court
3Reporters Act, shall be determined as follows:
4        (1) For court reporters employed by the Cook County
5    Judicial Circuit, the chief judge of the Cook County
6    Circuit Court is the public employer and employer
7    representative.
8        (2) For court reporters employed by the 12th, 18th,
9    19th, and, on and after December 4, 2006, the 22nd
10    judicial circuits, a group consisting of the chief judges
11    of those circuits, acting jointly by majority vote, is the
12    public employer and employer representative.
13        (3) For court reporters employed by all other judicial
14    circuits, a group consisting of the chief judges of those
15    circuits, acting jointly by majority vote, is the public
16    employer and employer representative.
17    (p) "Security employee" means an employee who is
18responsible for the supervision and control of inmates at
19correctional facilities. The term also includes other
20non-security employees in bargaining units having the majority
21of employees being responsible for the supervision and control
22of inmates at correctional facilities.
23    (q) "Short-term employee" means an employee who is
24employed for less than 2 consecutive calendar quarters during
25a calendar year and who does not have a reasonable assurance
26that he or she will be rehired by the same employer for the

 

 

HB3566- 19 -LRB102 10134 RJF 15456 b

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

 

 

HB3566- 20 -LRB102 10134 RJF 15456 b

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

 

 

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1    of State, Comptroller, or Treasurer (i) that were
2    certified in a bargaining unit on or after December 2,
3    2008, (ii) for which a petition is filed with the Illinois
4    Public Labor Relations Board on or after April 5, 2013
5    (the effective date of Public Act 97-1172), or (iii) for
6    which a petition is pending before the Illinois Public
7    Labor Relations Board on that date, an employee who
8    qualifies as a supervisor under (A) Section 152 of the
9    National Labor Relations Act and (B) orders of the
10    National Labor Relations Board interpreting that provision
11    or decisions of courts reviewing decisions of the National
12    Labor Relations Board.
13    (s)(1) "Unit" means a class of jobs or positions that are
14held by employees whose collective interests may suitably be
15represented by a labor organization for collective bargaining.
16Except with respect to non-State fire fighters and paramedics
17employed by fire departments and fire protection districts,
18non-State peace officers, and peace officers in the Department
19of State Police, a bargaining unit determined by the Board
20shall not include both employees and supervisors, or
21supervisors only, except as provided in paragraph (2) of this
22subsection (s) and except for bargaining units in existence on
23July 1, 1984 (the effective date of this Act). With respect to
24non-State fire fighters and paramedics employed by fire
25departments and fire protection districts, non-State peace
26officers, and peace officers in the Department of State

 

 

HB3566- 22 -LRB102 10134 RJF 15456 b

1Police, a bargaining unit determined by the Board shall not
2include both supervisors and nonsupervisors, or supervisors
3only, except as provided in paragraph (2) of this subsection
4(s) and except for bargaining units in existence on January 1,
51986 (the effective date of this amendatory Act of 1985). A
6bargaining unit determined by the Board to contain peace
7officers shall contain no employees other than peace officers
8unless otherwise agreed to by the employer and the labor
9organization or labor organizations involved. Notwithstanding
10any other provision of this Act, a bargaining unit, including
11a historical bargaining unit, containing sworn peace officers
12of the Department of Natural Resources (formerly designated
13the Department of Conservation) shall contain no employees
14other than such sworn peace officers upon the effective date
15of this amendatory Act of 1990 or upon the expiration date of
16any collective bargaining agreement in effect upon the
17effective date of this amendatory Act of 1990 covering both
18such sworn peace officers and other employees.
19    (2) Notwithstanding the exclusion of supervisors from
20bargaining units as provided in paragraph (1) of this
21subsection (s), a public employer may agree to permit its
22supervisory employees to form bargaining units and may bargain
23with those units. This Act shall apply if the public employer
24chooses to bargain under this subsection.
25    (3) Public employees who are court reporters, as defined
26in the Court Reporters Act, shall be divided into 3 units for

 

 

HB3566- 23 -LRB102 10134 RJF 15456 b

1collective bargaining purposes. One unit shall be court
2reporters employed by the Cook County Judicial Circuit; one
3unit shall be court reporters employed by the 12th, 18th,
419th, and, on and after December 4, 2006, the 22nd judicial
5circuits; and one unit shall be court reporters employed by
6all other judicial circuits.
7    (t) "Active petition for certification in a bargaining
8unit" means a petition for certification filed with the Board
9under one of the following case numbers: S-RC-11-110;
10S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
11S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
12S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
13S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
14S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
15S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
16S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
17S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
18S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
19S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
20S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
21S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
22S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
23S-RC-07-100.
24(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
25    (5 ILCS 315/29 new)

 

 

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1    Sec. 29. Co-employer status in labor negotiations.
2    (a) In labor negotiations in which a circuit clerk's
3office is an involved bargaining unit, the county board that
4is responsible for the funding of the circuit clerk's office
5shall be considered a co-employer of the bargaining unit along
6with the circuit clerk's office, and shall be entitled to
7representation in all labor negotiations.
8    (b) In labor negotiations in which the office having
9managerial authority over probation officers and staff is an
10involved bargaining unit, the county board that is responsible
11for the funding of that office shall be considered a
12co-employer of the bargaining unit along with the office that
13has managerial authority, and shall be entitled to
14representation in all labor negotiations.