Illinois General Assembly - Full Text of SB0525
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Full Text of SB0525  102nd General Assembly

SB0525eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0525 EngrossedLRB102 11394 RJF 16727 b

1    AN ACT concerning labor relations.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 9, and 21.5 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1Determinations of confidential employee status shall be based
2on actual employee job duties and not solely on written job
3descriptions.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Department of State
15Police, means the labor organization that has been (i)
16designated by the Board as the representative of a majority of
17public employees in an appropriate bargaining unit in
18accordance with the procedures contained in this Act, (ii)
19historically recognized by the State of Illinois or any
20political subdivision of the State before July 1, 1984 (the
21effective date of this Act) as the exclusive representative of
22the employees in an appropriate bargaining unit, (iii) after
23July 1, 1984 (the effective date of this Act) recognized by an
24employer upon evidence, acceptable to the Board, that the
25labor organization has been designated as the exclusive
26representative by a majority of the employees in an

 

 

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1appropriate bargaining unit; (iv) recognized as the exclusive
2representative of personal assistants under Executive Order
32003-8 prior to the effective date of this amendatory Act of
4the 93rd General Assembly, and the organization shall be
5considered to be the exclusive representative of the personal
6assistants as defined in this Section; or (v) recognized as
7the exclusive representative of child and day care home
8providers, including licensed and license exempt providers,
9pursuant to an election held under Executive Order 2005-1
10prior to the effective date of this amendatory Act of the 94th
11General Assembly, and the organization shall be considered to
12be the exclusive representative of the child and day care home
13providers as defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire
20fighters in an appropriate bargaining unit in accordance with
21the procedures contained in this Act, (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before January 1, 1986 (the effective
24date of this amendatory Act of 1985) as the exclusive
25representative by a majority of the peace officers or fire
26fighters in an appropriate bargaining unit, or (iii) after

 

 

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1January 1, 1986 (the effective date of this amendatory Act of
21985) recognized by an employer upon evidence, acceptable to
3the Board, that the labor organization has been designated as
4the exclusive representative by a majority of the peace
5officers or fire fighters in an appropriate bargaining unit.
6    Where a historical pattern of representation exists for
7the workers of a water system that was owned by a public
8utility, as defined in Section 3-105 of the Public Utilities
9Act, prior to becoming certified employees of a municipality
10or municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17    (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any
19of the employees in a collective bargaining unit are required
20to pay their proportionate share of the costs of the
21collective bargaining process, contract administration, and
22pursuing matters affecting wages, hours, and other conditions
23of employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

 

 

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1political office. Nothing in this subsection (g) shall
2preclude an employee from making voluntary political
3contributions in conjunction with his or her fair share
4payment.
5    (g-1) "Fire fighter" means, for the purposes of this Act
6only, any person who has been or is hereafter appointed to a
7fire department or fire protection district or employed by a
8state university and sworn or commissioned to perform fire
9fighter duties or paramedic duties, including paramedics
10employed by a unit of local government, except that the
11following persons are not included: part-time fire fighters,
12auxiliary, reserve or voluntary fire fighters, including paid
13on-call fire fighters, clerks and dispatchers or other
14civilian employees of a fire department or fire protection
15district who are not routinely expected to perform fire
16fighter duties, or elected officials.
17    (g-2) "General Assembly of the State of Illinois" means
18the legislative branch of the government of the State of
19Illinois, as provided for under Article IV of the Constitution
20of the State of Illinois, and includes but is not limited to
21the House of Representatives, the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, the President of the Senate, the Minority
24Leader of the Senate, the Joint Committee on Legislative
25Support Services and any legislative support services agency
26listed in the Legislative Commission Reorganization Act of

 

 

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11984.
2    (h) "Governing body" means, in the case of the State, the
3State Panel of the Illinois Labor Relations Board, the
4Director of the Department of Central Management Services, and
5the Director of the Department of Labor; the county board in
6the case of a county; the corporate authorities in the case of
7a municipality; and the appropriate body authorized to provide
8for expenditures of its funds in the case of any other unit of
9government.
10    (i) "Labor organization" means any organization in which
11public employees participate and that exists for the purpose,
12in whole or in part, of dealing with a public employer
13concerning wages, hours, and other terms and conditions of
14employment, including the settlement of grievances.
15    (i-5) "Legislative liaison" means a person who is an
16employee of a State agency, the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, as the
18case may be, and whose job duties require the person to
19regularly communicate in the course of his or her employment
20with any official or staff of the General Assembly of the State
21of Illinois for the purpose of influencing any legislative
22action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices.

 

 

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

 

 

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

 

 

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

 

 

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1as otherwise provided in this subsection (n), home care and
2home health workers who function as personal assistants and
3individual maintenance home health workers and who also work
4under the Home Services Program under Section 3 of the
5Rehabilitation of Persons with Disabilities Act, no matter
6whether the State provides those services through direct
7fee-for-service arrangements, with the assistance of a managed
8care organization or other intermediary, or otherwise, (v)
9beginning on the effective date of this amendatory Act of the
1098th General Assembly and notwithstanding any other provision
11of this Act, any person employed by a public employer and who
12is classified as or who holds the employment title of Chief
13Stationary Engineer, Assistant Chief Stationary Engineer,
14Sewage Plant Operator, Water Plant Operator, Stationary
15Engineer, Plant Operating Engineer, and any other employee who
16holds the position of: Civil Engineer V, Civil Engineer VI,
17Civil Engineer VII, Technical Manager I, Technical Manager II,
18Technical Manager III, Technical Manager IV, Technical Manager
19V, Technical Manager VI, Realty Specialist III, Realty
20Specialist IV, Realty Specialist V, Technical Advisor I,
21Technical Advisor II, Technical Advisor III, Technical Advisor
22IV, or Technical Advisor V employed by the Department of
23Transportation who is in a position which is certified in a
24bargaining unit on or before the effective date of this
25amendatory Act of the 98th General Assembly, and (vi)
26beginning on the effective date of this amendatory Act of the

 

 

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198th General Assembly and notwithstanding any other provision
2of this Act, any mental health administrator in the Department
3of Corrections who is classified as or who holds the position
4of Public Service Administrator (Option 8K), any employee of
5the Office of the Inspector General in the Department of Human
6Services who is classified as or who holds the position of
7Public Service Administrator (Option 7), any Deputy of
8Intelligence in the Department of Corrections who is
9classified as or who holds the position of Public Service
10Administrator (Option 7), and any employee of the Department
11of State Police who handles issues concerning the Illinois
12State Police Sex Offender Registry and who is classified as or
13holds the position of Public Service Administrator (Option 7),
14but excluding all of the following: employees of the General
15Assembly of the State of Illinois; elected officials;
16executive heads of a department; members of boards or
17commissions; the Executive Inspectors General; any special
18Executive Inspectors General; employees of each Office of an
19Executive Inspector General; commissioners and employees of
20the Executive Ethics Commission; the Auditor General's
21Inspector General; employees of the Office of the Auditor
22General's Inspector General; the Legislative Inspector
23General; any special Legislative Inspectors General; employees
24of the Office of the Legislative Inspector General;
25commissioners and employees of the Legislative Ethics
26Commission; employees of any agency, board or commission

 

 

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

 

 

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1Secretary of State Merit Employment Code and who are in
2Rutan-exempt positions on or after April 5, 2013 (the
3effective date of Public Act 97-1172); a person who is a State
4employee under the jurisdiction of the Treasurer who holds a
5position that is exempt from the State Treasurer Employment
6Code; any employee of a State agency who (i) holds the title or
7position of, or exercises substantially similar duties as a
8legislative liaison, Agency General Counsel, Agency Chief of
9Staff, Agency Executive Director, Agency Deputy Director,
10Agency Chief Fiscal Officer, Agency Human Resources Director,
11Public Information Officer, or Chief Information Officer and
12(ii) was neither included in a bargaining unit nor subject to
13an active petition for certification in a bargaining unit; any
14employee of a State agency who (i) is in a position that is
15Rutan-exempt, as designated by the employer, and completely
16exempt from jurisdiction B of the Personnel Code and (ii) was
17neither included in a bargaining unit nor subject to an active
18petition for certification in a bargaining unit; any term
19appointed employee of a State agency pursuant to Section 8b.18
20or 8b.19 of the Personnel Code who was neither included in a
21bargaining unit nor subject to an active petition for
22certification in a bargaining unit; any employment position
23properly designated pursuant to Section 6.1 of this Act;
24confidential employees; independent contractors; and
25supervisors except as provided in this Act.
26    Home care and home health workers who function as personal

 

 

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1assistants and individual maintenance home health workers and
2who also work under the Home Services Program under Section 3
3of the Rehabilitation of Persons with Disabilities Act shall
4not be considered public employees for any purposes not
5specifically provided for in Public Act 93-204 or Public Act
697-1158, including but not limited to, purposes of vicarious
7liability in tort and purposes of statutory retirement or
8health insurance benefits. Home care and home health workers
9who function as personal assistants and individual maintenance
10home health workers and who also work under the Home Services
11Program under Section 3 of the Rehabilitation of Persons with
12Disabilities Act shall not be covered by the State Employees
13Group Insurance Act of 1971 (5 ILCS 375/).
14    Child and day care home providers shall not be considered
15public employees for any purposes not specifically provided
16for in this amendatory Act of the 94th General Assembly,
17including but not limited to, purposes of vicarious liability
18in tort and purposes of statutory retirement or health
19insurance benefits. Child and day care home providers shall
20not be covered by the State Employees Group Insurance Act of
211971.
22    Notwithstanding Section 9, subsection (c), or any other
23provisions of this Act, all peace officers above the rank of
24captain in municipalities with more than 1,000,000 inhabitants
25shall be excluded from this Act.
26    (o) Except as otherwise in subsection (o-5), "public

 

 

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

 

 

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1employer of home care and home health workers who function as
2personal assistants and individual maintenance home health
3workers and who also work under the Home Services Program
4under Section 3 of the Rehabilitation of Persons with
5Disabilities Act, for any purposes not specifically provided
6for in Public Act 93-204 or Public Act 97-1158, including but
7not limited to, purposes of vicarious liability in tort and
8purposes of statutory retirement or health insurance benefits.
9Home care and home health workers who function as personal
10assistants and individual maintenance home health workers and
11who also work under the Home Services Program under Section 3
12of the Rehabilitation of Persons with Disabilities Act shall
13not be covered by the State Employees Group Insurance Act of
141971 (5 ILCS 375/). As of the effective date of this amendatory
15Act of the 94th General Assembly but not before, the State of
16Illinois shall be considered the employer of the day and child
17care home providers participating in the child care assistance
18program under Section 9A-11 of the Illinois Public Aid Code,
19subject to the limitations set forth in this Act and in Section
209A-11 of the Illinois Public Aid Code. The State shall not be
21considered to be the employer of child and day care home
22providers for any purposes not specifically provided for in
23this amendatory Act of the 94th General Assembly, including
24but not limited to, purposes of vicarious liability in tort
25and purposes of statutory retirement or health insurance
26benefits. Child and day care home providers shall not be

 

 

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1covered by the State Employees Group Insurance Act of 1971.
2    "Public employer" or "employer" as used in this Act,
3however, does not mean and shall not include the General
4Assembly of the State of Illinois, the Executive Ethics
5Commission, the Offices of the Executive Inspectors General,
6the Legislative Ethics Commission, the Office of the
7Legislative Inspector General, the Office of the Auditor
8General's Inspector General, the Office of the Governor, the
9Governor's Office of Management and Budget, the Illinois
10Finance Authority, the Office of the Lieutenant Governor, the
11State Board of Elections, and educational employers or
12employers as defined in the Illinois Educational Labor
13Relations Act, except with respect to a state university in
14its employment of firefighters and peace officers and except
15with respect to a school district in the employment of peace
16officers in its own police department in existence on the
17effective date of this amendatory Act of the 96th General
18Assembly. County boards and county sheriffs shall be
19designated as joint or co-employers of county peace officers
20appointed under the authority of a county sheriff. Nothing in
21this subsection (o) shall be construed to prevent the State
22Panel or the Local Panel from determining that employers are
23joint or co-employers.
24    (o-5) With respect to wages, fringe benefits, hours,
25holidays, vacations, proficiency examinations, sick leave, and
26other conditions of employment, the public employer of public

 

 

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

 

 

SB0525 Engrossed- 19 -LRB102 11394 RJF 16727 b

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

 

 

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

 

 

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

 

 

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1officers, and peace officers in the Department of State
2Police, a bargaining unit determined by the Board shall not
3include both supervisors and nonsupervisors, or supervisors
4only, except as provided in paragraph (2) of this subsection
5(s) and except for bargaining units in existence on January 1,
61986 (the effective date of this amendatory Act of 1985). A
7bargaining unit determined by the Board to contain peace
8officers shall contain no employees other than peace officers
9unless otherwise agreed to by the employer and the labor
10organization or labor organizations involved. Notwithstanding
11any other provision of this Act, a bargaining unit, including
12a historical bargaining unit, containing sworn peace officers
13of the Department of Natural Resources (formerly designated
14the Department of Conservation) shall contain no employees
15other than such sworn peace officers upon the effective date
16of this amendatory Act of 1990 or upon the expiration date of
17any collective bargaining agreement in effect upon the
18effective date of this amendatory Act of 1990 covering both
19such sworn peace officers and other employees.
20    (2) Notwithstanding the exclusion of supervisors from
21bargaining units as provided in paragraph (1) of this
22subsection (s), a public employer may agree to permit its
23supervisory employees to form bargaining units and may bargain
24with those units. This Act shall apply if the public employer
25chooses to bargain under this subsection.
26    (3) Public employees who are court reporters, as defined

 

 

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1in the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th,
519th, and, on and after December 4, 2006, the 22nd judicial
6circuits; and one unit shall be court reporters employed by
7all other judicial circuits.
8    (t) "Active petition for certification in a bargaining
9unit" means a petition for certification filed with the Board
10under one of the following case numbers: S-RC-11-110;
11S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
12S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
13S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
14S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
15S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
16S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
17S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
18S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
19S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
20S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
21S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
22S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
23S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
24S-RC-07-100.
25(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 

 

 

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1    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
2    Sec. 9. Elections; recognition.
3    (a) Whenever in accordance with such regulations as may be
4prescribed by the Board a petition has been filed:
5        (1) by a public employee or group of public employees
6    or any labor organization acting in their behalf
7    demonstrating that 30% of the public employees in an
8    appropriate unit (A) wish to be represented for the
9    purposes of collective bargaining by a labor organization
10    as exclusive representative, or (B) asserting that the
11    labor organization which has been certified or is
12    currently recognized by the public employer as bargaining
13    representative is no longer the representative of the
14    majority of public employees in the unit; or
15        (2) by a public employer alleging that one or more
16    labor organizations have presented to it a claim that they
17    be recognized as the representative of a majority of the
18    public employees in an appropriate unit,
19the Board shall investigate such petition, and if it has
20reasonable cause to believe that a question of representation
21exists, shall provide for an appropriate hearing upon due
22notice. Such hearing shall be held at the offices of the Board
23or such other location as the Board deems appropriate. If it
24finds upon the record of the hearing that a question of
25representation exists, it shall direct an election in
26accordance with subsection (d) of this Section, which election

 

 

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1shall be held not later than 120 days after the date the
2petition was filed regardless of whether that petition was
3filed before or after the effective date of this amendatory
4Act of 1987; provided, however, the Board may extend the time
5for holding an election by an additional 60 days if, upon
6motion by a person who has filed a petition under this Section
7or is the subject of a petition filed under this Section and is
8a party to such hearing, or upon the Board's own motion, the
9Board finds that good cause has been shown for extending the
10election date; provided further, that nothing in this Section
11shall prohibit the Board, in its discretion, from extending
12the time for holding an election for so long as may be
13necessary under the circumstances, where the purpose for such
14extension is to permit resolution by the Board of an unfair
15labor practice charge filed by one of the parties to a
16representational proceeding against the other based upon
17conduct which may either affect the existence of a question
18concerning representation or have a tendency to interfere with
19a fair and free election, where the party filing the charge has
20not filed a request to proceed with the election; and provided
21further that prior to the expiration of the total time
22allotted for holding an election, a person who has filed a
23petition under this Section or is the subject of a petition
24filed under this Section and is a party to such hearing or the
25Board, may move for and obtain the entry of an order in the
26circuit court of the county in which the majority of the public

 

 

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1employees sought to be represented by such person reside, such
2order extending the date upon which the election shall be
3held. Such order shall be issued by the circuit court only upon
4a judicial finding that there has been a sufficient showing
5that there is good cause to extend the election date beyond
6such period and shall require the Board to hold the election as
7soon as is feasible given the totality of the circumstances.
8Such 120 day period may be extended one or more times by the
9agreement of all parties to the hearing to a date certain
10without the necessity of obtaining a court order. Nothing in
11this Section prohibits the waiving of hearings by stipulation
12for the purpose of a consent election in conformity with the
13rules and regulations of the Board or an election in a unit
14agreed upon by the parties. Other interested employee
15organizations may intervene in the proceedings in the manner
16and within the time period specified by rules and regulations
17of the Board. Interested parties who are necessary to the
18proceedings may also intervene in the proceedings in the
19manner and within the time period specified by the rules and
20regulations of the Board.
21    (a-5) The Board shall designate an exclusive
22representative for purposes of collective bargaining when the
23representative demonstrates a showing of majority interest by
24employees in the unit. If the parties to a dispute are without
25agreement on the means to ascertain the choice, if any, of
26employee organization as their representative, the Board shall

 

 

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1ascertain the employees' choice of employee organization, on
2the basis of dues deduction authorization or other evidence,
3or, if necessary, by conducting an election. All evidence
4submitted by an employee organization to the Board to
5ascertain an employee's choice of an employee organization is
6confidential and shall not be submitted to the employer for
7review. The Board shall ascertain the employee's choice of
8employee organization within 120 days after the filing of the
9majority interest petition; however, the Board may extend time
10by an additional 60 days, upon its own motion or upon the
11motion of a party to the proceeding. If either party provides
12to the Board, before the designation of a representative,
13clear and convincing evidence that the dues deduction
14authorizations, and other evidence upon which the Board would
15otherwise rely to ascertain the employees' choice of
16representative, are fraudulent or were obtained through
17coercion, the Board shall promptly thereafter conduct an
18election. The Board shall also investigate and consider a
19party's allegations that the dues deduction authorizations and
20other evidence submitted in support of a designation of
21representative without an election were subsequently changed,
22altered, withdrawn, or withheld as a result of employer fraud,
23coercion, or any other unfair labor practice by the employer.
24If the Board determines that a labor organization would have
25had a majority interest but for an employer's fraud, coercion,
26or unfair labor practice, it shall designate the labor

 

 

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1organization as an exclusive representative without conducting
2an election. If a hearing is necessary to resolve any issues of
3representation under this Section, the Board shall conclude
4its hearing process and issue a certification of the entire
5appropriate unit not later than 120 days after the date the
6petition was filed. The 120-day period may be extended one or
7more times by the agreement of all parties to a hearing to a
8date certain.
9    (a-6) A labor organization or an employer may file a unit
10clarification petition seeking to clarify an existing
11bargaining unit. Unit clarification petitions may be filed if:
12(1) substantial changes occur in the duties and functions of
13an existing job title, raising an issue as to the title's unit
14placement; (2) an existing job title that is logically
15encompassed within the existing unit was inadvertently
16excluded by the parties at the time the unit was established;
17(3) a newly created job title is logically encompassed within
18an existing unit; (4) a significant change takes place in
19statutory or case law that affects the bargaining rights of
20employees; (5) a determination needs to be made as to the unit
21placement of positions in dispute following a majority
22interest certification of representative issued under
23subsection (a-5); (6) a determination needs to be made as to
24the unit placement of positions in dispute following a
25certification of representative issued following a direction
26of election under subsection (d); (7) the parties have agreed

 

 

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1to eliminate a position or title because the employer no
2longer uses it; (8) the parties have agreed to exclude some of
3the positions in a title or classification from a bargaining
4unit and include others; or (9) as prescribed in rules set by
5the Board. The Board shall conclude its investigation,
6including any hearing process deemed necessary, and issue a
7certification of clarified unit or dismiss the petition not
8later than 120 days after the date the petition was filed. The
9120-day period may be extended one or more times by the
10agreement of all parties to a hearing to a date certain.
11    (b) The Board shall decide in each case, in order to assure
12public employees the fullest freedom in exercising the rights
13guaranteed by this Act, a unit appropriate for the purpose of
14collective bargaining, based upon but not limited to such
15factors as: historical pattern of recognition; community of
16interest including employee skills and functions; degree of
17functional integration; interchangeability and contact among
18employees; fragmentation of employee groups; common
19supervision, wages, hours and other working conditions of the
20employees involved; and the desires of the employees. For
21purposes of this subsection, fragmentation shall not be the
22sole or predominant factor used by the Board in determining an
23appropriate bargaining unit. Except with respect to non-State
24fire fighters and paramedics employed by fire departments and
25fire protection districts, non-State peace officers and peace
26officers in the State Department of State Police, a single

 

 

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1bargaining unit determined by the Board may not include both
2supervisors and nonsupervisors, except for bargaining units in
3existence on the effective date of this Act. With respect to
4non-State fire fighters and paramedics employed by fire
5departments and fire protection districts, non-State peace
6officers and peace officers in the State Department of State
7Police, a single bargaining unit determined by the Board may
8not include both supervisors and nonsupervisors, except for
9bargaining units in existence on the effective date of this
10amendatory Act of 1985.
11    In cases involving an historical pattern of recognition,
12and in cases where the employer has recognized the union as the
13sole and exclusive bargaining agent for a specified existing
14unit, the Board shall find the employees in the unit then
15represented by the union pursuant to the recognition to be the
16appropriate unit.
17    Notwithstanding the above factors, where the majority of
18public employees of a craft so decide, the Board shall
19designate such craft as a unit appropriate for the purposes of
20collective bargaining.
21    The Board shall not decide that any unit is appropriate if
22such unit includes both professional and nonprofessional
23employees, unless a majority of each group votes for inclusion
24in such unit.
25    (c) Nothing in this Act shall interfere with or negate the
26current representation rights or patterns and practices of

 

 

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1labor organizations which have historically represented public
2employees for the purpose of collective bargaining, including
3but not limited to the negotiations of wages, hours and
4working conditions, discussions of employees' grievances,
5resolution of jurisdictional disputes, or the establishment
6and maintenance of prevailing wage rates, unless a majority of
7employees so represented express a contrary desire pursuant to
8the procedures set forth in this Act.
9    (d) In instances where the employer does not voluntarily
10recognize a labor organization as the exclusive bargaining
11representative for a unit of employees, the Board shall
12determine the majority representative of the public employees
13in an appropriate collective bargaining unit by conducting a
14secret ballot election, except as otherwise provided in
15subsection (a-5). Within 7 days after the Board issues its
16bargaining unit determination and direction of election or the
17execution of a stipulation for the purpose of a consent
18election, the public employer shall submit to the labor
19organization the complete names and addresses of those
20employees who are determined by the Board to be eligible to
21participate in the election. When the Board has determined
22that a labor organization has been fairly and freely chosen by
23a majority of employees in an appropriate unit, it shall
24certify such organization as the exclusive representative. If
25the Board determines that a majority of employees in an
26appropriate unit has fairly and freely chosen not to be

 

 

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1represented by a labor organization, it shall so certify. The
2Board may also revoke the certification of the public employee
3organizations as exclusive bargaining representatives which
4have been found by a secret ballot election to be no longer the
5majority representative.
6    (e) The Board shall not conduct an election in any
7bargaining unit or any subdivision thereof within which a
8valid election has been held in the preceding 12-month period.
9The Board shall determine who is eligible to vote in an
10election and shall establish rules governing the conduct of
11the election or conduct affecting the results of the election.
12The Board shall include on a ballot in a representation
13election a choice of "no representation". A labor organization
14currently representing the bargaining unit of employees shall
15be placed on the ballot in any representation election. In any
16election where none of the choices on the ballot receives a
17majority, a runoff election shall be conducted between the 2
18choices receiving the largest number of valid votes cast in
19the election. A labor organization which receives a majority
20of the votes cast in an election shall be certified by the
21Board as exclusive representative of all public employees in
22the unit.
23    (f) A labor organization shall be designated as the
24exclusive representative by a public employer, provided that
25the labor organization represents a majority of the public
26employees in an appropriate unit. Any employee organization

 

 

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1which is designated or selected by the majority of public
2employees, in a unit of the public employer having no other
3recognized or certified representative, as their
4representative for purposes of collective bargaining may
5request recognition by the public employer in writing. The
6public employer shall post such request for a period of at
7least 20 days following its receipt thereof on bulletin boards
8or other places used or reserved for employee notices.
9    (g) Within the 20-day period any other interested employee
10organization may petition the Board in the manner specified by
11rules and regulations of the Board, provided that such
12interested employee organization has been designated by at
13least 10% of the employees in an appropriate bargaining unit
14which includes all or some of the employees in the unit
15recognized by the employer. In such event, the Board shall
16proceed with the petition in the same manner as provided by
17paragraph (1) of subsection (a) of this Section.
18    (h) No election shall be directed by the Board in any
19bargaining unit where there is in force a valid collective
20bargaining agreement. The Board, however, may process an
21election petition filed between 90 and 60 days prior to the
22expiration of the date of an agreement, and may further
23refine, by rule or decision, the implementation of this
24provision. Where more than 4 years have elapsed since the
25effective date of the agreement, the agreement shall continue
26to bar an election, except that the Board may process an

 

 

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1election petition filed between 90 and 60 days prior to the end
2of the fifth year of such an agreement, and between 90 and 60
3days prior to the end of each successive year of such
4agreement.
5    (i) An order of the Board dismissing a representation
6petition, determining and certifying that a labor organization
7has been fairly and freely chosen by a majority of employees in
8an appropriate bargaining unit, determining and certifying
9that a labor organization has not been fairly and freely
10chosen by a majority of employees in the bargaining unit or
11certifying a labor organization as the exclusive
12representative of employees in an appropriate bargaining unit
13because of a determination by the Board that the labor
14organization is the historical bargaining representative of
15employees in the bargaining unit, is a final order. Any person
16aggrieved by any such order issued on or after the effective
17date of this amendatory Act of 1987 may apply for and obtain
18judicial review in accordance with provisions of the
19Administrative Review Law, as now or hereafter amended, except
20that such review shall be afforded directly in the Appellate
21Court for the district in which the aggrieved party resides or
22transacts business. Any direct appeal to the Appellate Court
23shall be filed within 35 days from the date that a copy of the
24decision sought to be reviewed was served upon the party
25affected by the decision.
26(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 

 

 

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1    (5 ILCS 315/21.5)
2    Sec. 21.5. Termination of certain agreements after
3constitutional officers take office.
4    (a) No collective bargaining agreement entered into, on or
5after the effective date of this amendatory Act of the 96th
6General Assembly between an executive branch constitutional
7officer or any agency or department of an executive branch
8constitutional officer and a labor organization may extend
9more than 12 months after the date on beyond June 30th of the
10year in which the terms of office of executive branch
11constitutional officers begin.
12    (b) No collective bargaining agreement entered into, on or
13after the effective date of this amendatory Act of the 96th
14General Assembly between an executive branch constitutional
15officer or any agency or department of an executive branch
16constitutional officer and a labor organization may provide
17for an increase in salary, wages, or benefits starting on or
18after the first day of the terms of office of executive branch
19constitutional officers and ending June 30th of that same
20year. The provisions of this subsection (b) shall not apply to
21salary, pay schedules, or benefits that would continue because
22of the duty to maintain the status quo and to bargain in good
23faith.
24    (c) Any collective bargaining agreement in violation of
25this Section is terminated and rendered null and void by

 

 

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1operation of law.
2    (d) For purposes of this Section, "executive branch
3constitutional officer" has the same meaning as that term is
4defined in the State Officials and Employees Ethics Act.
5(Source: P.A. 96-1529, eff. 2-16-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.