Full Text of SB0143 94th General Assembly
SB0143enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing Sections 3 and 7 as follows: | 6 |
| (5 ILCS 315/3) (from Ch. 48, par. 1603)
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| Sec. 3. Definitions. As used in this Act, unless the | 8 |
| context
otherwise requires:
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| (a) "Board" means the Illinois
Labor Relations Board or, | 10 |
| with respect to a matter over which the
jurisdiction of the | 11 |
| Board is assigned to the State Panel or the Local Panel
under | 12 |
| Section 5, the panel having jurisdiction over the matter.
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| (b) "Collective bargaining" means bargaining over terms | 14 |
| and conditions
of employment, including hours, wages, and other | 15 |
| conditions of employment,
as detailed in Section 7 and which | 16 |
| are not excluded by Section 4.
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| (c) "Confidential employee" means an employee who, in the | 18 |
| regular course
of his or her duties, assists and acts in a | 19 |
| confidential capacity to persons
who formulate, determine, and | 20 |
| effectuate management policies with regard
to labor relations | 21 |
| or who, in the regular course of his or her duties, has
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| authorized access to information relating to the effectuation
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| or review of the employer's collective bargaining policies.
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| (d) "Craft employees" means skilled journeymen, crafts | 25 |
| persons, and their
apprentices and helpers.
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| (e) "Essential services employees" means those public | 27 |
| employees
performing functions so essential that the | 28 |
| interruption or termination of
the function will constitute a | 29 |
| clear and present danger to the health and
safety of the | 30 |
| persons in the affected community.
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| (f) "Exclusive representative", except with respect to | 32 |
| non-State fire
fighters and paramedics employed by fire |
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| departments and fire protection
districts, non-State peace | 2 |
| officers, and peace officers in the
Department of State Police, | 3 |
| means the labor organization that has
been (i) designated by | 4 |
| the Board as the representative of a majority of public
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| employees in an appropriate bargaining unit in accordance with | 6 |
| the procedures
contained in this Act, (ii) historically
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| recognized by the State of Illinois or
any political | 8 |
| subdivision of the State before July 1, 1984
(the effective | 9 |
| date of this
Act) as the exclusive representative of the | 10 |
| employees in an appropriate
bargaining unit, (iii) after July | 11 |
| 1, 1984 (the
effective date of this Act) recognized by an
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| employer upon evidence, acceptable to the Board, that the labor
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| organization has been designated as the exclusive | 14 |
| representative by a
majority of the employees in an appropriate | 15 |
| bargaining unit;
or (iv) recognized as the exclusive | 16 |
| representative of personal care attendants
or personal
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| assistants under Executive Order 2003-8 prior to the effective | 18 |
| date of this
amendatory
Act of the 93rd General Assembly, and | 19 |
| the organization shall be considered to
be the
exclusive | 20 |
| representative of the personal care attendants or personal | 21 |
| assistants
as defined
in this Section ; or (v) recognized as the | 22 |
| exclusive representative of child and day care home providers, | 23 |
| including licensed and license exempt providers, pursuant to an | 24 |
| election held under Executive Order 2005-1 prior to the | 25 |
| effective date of this amendatory Act of the 94th General | 26 |
| Assembly, and the organization shall be considered to be the | 27 |
| exclusive representative of the child and day care home | 28 |
| providers as defined in this Section .
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| With respect to non-State fire fighters and paramedics | 30 |
| employed by fire
departments and fire protection districts, | 31 |
| non-State peace officers, and
peace officers in the Department | 32 |
| of State Police,
"exclusive representative" means the labor | 33 |
| organization that has
been (i) designated by the Board as the | 34 |
| representative of a majority of peace
officers or fire fighters | 35 |
| in an appropriate bargaining unit in accordance
with the | 36 |
| procedures contained in this Act, (ii)
historically recognized
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| by the State of Illinois or any political subdivision of the | 2 |
| State before
January 1, 1986 (the effective date of this | 3 |
| amendatory Act of 1985) as the exclusive
representative by a | 4 |
| majority of the peace officers or fire fighters in an
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| appropriate bargaining unit, or (iii) after January 1,
1986 | 6 |
| (the effective date of this amendatory
Act of 1985) recognized | 7 |
| by an employer upon evidence, acceptable to the
Board, that the | 8 |
| labor organization has been designated as the exclusive
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| representative by a majority of the peace officers or fire | 10 |
| fighters in an
appropriate bargaining unit.
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| (g) "Fair share agreement" means an agreement between the | 12 |
| employer and
an employee organization under which all or any of | 13 |
| the employees in a
collective bargaining unit are required to | 14 |
| pay their proportionate share of
the costs of the collective | 15 |
| bargaining process, contract administration, and
pursuing | 16 |
| matters affecting wages, hours, and other conditions of | 17 |
| employment,
but not to exceed the amount of dues uniformly | 18 |
| required of members. The
amount certified by the exclusive | 19 |
| representative shall not include any fees
for contributions | 20 |
| related to the election or support of any candidate for
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| political office. Nothing in this subsection (g) shall
preclude | 22 |
| an employee from making
voluntary political contributions in | 23 |
| conjunction with his or her fair share
payment.
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| (g-1) "Fire fighter" means, for the purposes of this Act | 25 |
| only, any
person who has been or is hereafter appointed to a | 26 |
| fire department or fire
protection district or employed by a | 27 |
| state university and sworn or
commissioned to perform fire | 28 |
| fighter duties or paramedic duties, except that the
following | 29 |
| persons are not included: part-time fire fighters,
auxiliary, | 30 |
| reserve or voluntary fire fighters, including paid on-call fire
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| fighters, clerks and dispatchers or other civilian employees of | 32 |
| a fire
department or fire protection district who are not | 33 |
| routinely expected to
perform fire fighter duties, or elected | 34 |
| officials.
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| (g-2) "General Assembly of the State of Illinois" means the
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| legislative branch of the government of the State of Illinois, |
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| as provided
for under Article IV of the Constitution of the | 2 |
| State of Illinois, and
includes but is not limited to the House | 3 |
| of Representatives, the Senate,
the Speaker of the House of | 4 |
| Representatives, the Minority Leader of the
House of | 5 |
| Representatives, the President of the Senate, the Minority | 6 |
| Leader
of the Senate, the Joint Committee on Legislative | 7 |
| Support Services and any
legislative support services agency | 8 |
| listed in the Legislative Commission
Reorganization Act of | 9 |
| 1984.
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| (h) "Governing body" means, in the case of the State, the | 11 |
| State Panel of
the Illinois Labor Relations Board, the Director | 12 |
| of the Department of Central
Management Services, and the | 13 |
| Director of the Department of Labor; the county
board in the | 14 |
| case of a county; the corporate authorities in the case of a
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| municipality; and the appropriate body authorized to provide | 16 |
| for expenditures
of its funds in the case of any other unit of | 17 |
| government.
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| (i) "Labor organization" means any organization in which | 19 |
| public employees
participate and that exists for the purpose, | 20 |
| in whole or in part, of dealing
with a public employer | 21 |
| concerning wages, hours, and other terms and conditions
of | 22 |
| employment, including the settlement of grievances.
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| (j) "Managerial employee" means an individual who is | 24 |
| engaged
predominantly in executive and management functions | 25 |
| and is charged with the
responsibility of directing the | 26 |
| effectuation of management policies
and practices.
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| (k) "Peace officer" means, for the purposes of this Act | 28 |
| only, any
persons who have been or are hereafter appointed to a | 29 |
| police force,
department, or agency and sworn or commissioned | 30 |
| to perform police duties,
except that the following persons are | 31 |
| not
included: part-time police
officers, special police | 32 |
| officers, auxiliary police as defined by Section
3.1-30-20 of | 33 |
| the Illinois Municipal Code, night watchmen, "merchant | 34 |
| police",
court security officers as defined by Section 3-6012.1 | 35 |
| of the Counties
Code,
temporary employees, traffic guards or | 36 |
| wardens, civilian parking meter and
parking facilities |
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| personnel or other individuals specially appointed to
aid or | 2 |
| direct traffic at or near schools or public functions or to aid | 3 |
| in
civil defense or disaster, parking enforcement employees who | 4 |
| are not
commissioned as peace officers and who are not armed | 5 |
| and who are not
routinely expected to effect arrests, parking | 6 |
| lot attendants, clerks and
dispatchers or other civilian | 7 |
| employees of a police department who are not
routinely expected | 8 |
| to effect arrests, or elected officials.
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| (l) "Person" includes one or more individuals, labor | 10 |
| organizations, public
employees, associations, corporations, | 11 |
| legal representatives, trustees,
trustees in bankruptcy, | 12 |
| receivers, or the State of Illinois or any political
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| subdivision of the State or governing body, but does not | 14 |
| include the General
Assembly of the State of Illinois or any | 15 |
| individual employed by the General
Assembly of the State of | 16 |
| Illinois.
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| (m) "Professional employee" means any employee engaged in | 18 |
| work predominantly
intellectual and varied in character rather | 19 |
| than routine mental, manual,
mechanical or physical work; | 20 |
| involving the consistent exercise of discretion
and adjustment | 21 |
| in its performance; of such a character that the output | 22 |
| produced
or the result accomplished cannot be standardized in | 23 |
| relation to a given
period of time; and requiring advanced | 24 |
| knowledge in a field of science or
learning customarily | 25 |
| acquired by a prolonged course of specialized intellectual
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| instruction and study in an institution of higher learning or a | 27 |
| hospital,
as distinguished from a general academic education or | 28 |
| from apprenticeship
or from training in the performance of | 29 |
| routine mental, manual, or physical
processes; or any employee | 30 |
| who has completed the courses of specialized
intellectual | 31 |
| instruction and study prescribed in this subsection (m) and is
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| performing related
work under the supervision of a professional | 33 |
| person to qualify to become
a professional employee as defined | 34 |
| in this subsection (m).
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| (n) "Public employee" or "employee", for the purposes of | 36 |
| this Act, means
any individual employed by a public employer, |
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| including (i) interns and residents
at public hospitals
and , | 2 |
| (ii) as of the effective date of this amendatory Act of the | 3 |
| 93rd General
Assembly, but not
before, personal care attendants | 4 |
| and personal assistants working under the Home
Services
Program | 5 |
| under Section 3 of the Disabled Persons Rehabilitation Act, | 6 |
| subject to
the
limitations set forth in this Act and in the | 7 |
| Disabled Persons Rehabilitation
Act, and (iii) as of the | 8 |
| effective date of this amendatory Act of the 94th General | 9 |
| Assembly, but not before, child and day care home providers | 10 |
| participating in the child care assistance program under | 11 |
| Section 9A-11 of the Illinois Public Aid Code, subject to the | 12 |
| limitations set forth in this Act and in Section 9A-11 of the | 13 |
| Illinois Public Aid Code,
but excluding all of the following: | 14 |
| employees of the
General Assembly of the State of Illinois; | 15 |
| elected officials; executive
heads of a department; members of | 16 |
| boards or commissions; the Executive
Inspectors General; any | 17 |
| special Executive Inspectors General; employees of each
Office | 18 |
| of an Executive Inspector General;
commissioners and employees | 19 |
| of the Executive Ethics Commission; the Auditor
General's | 20 |
| Inspector General; employees of the Office of the Auditor | 21 |
| General's
Inspector General; the Legislative Inspector | 22 |
| General; any special Legislative
Inspectors General; employees | 23 |
| of the Office
of the Legislative Inspector General;
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| commissioners and employees of the Legislative Ethics | 25 |
| Commission;
employees
of any
agency, board or commission | 26 |
| created by this Act; employees appointed to
State positions of | 27 |
| a temporary or emergency nature; all employees of school
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| districts and higher education institutions except | 29 |
| firefighters and peace
officers employed
by a state university; | 30 |
| managerial employees; short-term employees;
confidential | 31 |
| employees; independent contractors; and supervisors except as
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| provided in this Act.
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| Personal care attendants and personal assistants shall not | 34 |
| be considered
public
employees for any purposes not | 35 |
| specifically provided for in the
this amendatory Act
of the
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| 93rd General Assembly, including but not limited to, purposes |
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| of vicarious
liability in tort
and purposes of statutory | 2 |
| retirement or health insurance benefits. Personal
care
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| attendants and personal assistants shall not be covered by the | 4 |
| State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
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| Child and day care home providers shall not be considered | 6 |
| public employees for any purposes not specifically provided for | 7 |
| in this amendatory Act of the 94th General Assembly, including | 8 |
| but not limited to, purposes of vicarious liability in tort and | 9 |
| purposes of statutory retirement or health insurance benefits. | 10 |
| Child and day care home providers shall not be covered by the | 11 |
| State Employees Group Insurance Act of 1971.
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| Notwithstanding Section 9, subsection (c), or any other | 13 |
| provisions of
this Act, all peace officers above the rank of | 14 |
| captain in
municipalities with more than 1,000,000 inhabitants | 15 |
| shall be excluded
from this Act.
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| (o) "Public employer" or "employer" means the State of | 17 |
| Illinois; any
political subdivision of the State, unit of local | 18 |
| government or school
district; authorities including | 19 |
| departments, divisions, bureaus, boards,
commissions, or other | 20 |
| agencies of the foregoing entities; and any person
acting | 21 |
| within the scope of his or her authority, express or implied, | 22 |
| on
behalf of those entities in dealing with its employees.
As | 23 |
| of the effective date of the
this amendatory Act of the 93rd | 24 |
| General Assembly,
but not
before, the State of Illinois shall | 25 |
| be considered the employer of the personal
care
attendants and | 26 |
| personal assistants working under the Home Services Program
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| under
Section 3 of the Disabled Persons Rehabilitation Act, | 28 |
| subject to the
limitations set forth
in this Act and in the | 29 |
| Disabled Persons Rehabilitation Act. The State shall not
be
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| considered to be the employer of personal care attendants and | 31 |
| personal
assistants for any
purposes not specifically provided | 32 |
| for in this amendatory Act of the 93rd
General
Assembly, | 33 |
| including but not limited to, purposes of vicarious liability | 34 |
| in tort
and
purposes of statutory retirement or health | 35 |
| insurance benefits. Personal care
attendants
and personal | 36 |
| assistants shall not be covered by the State Employees Group
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| Insurance Act of 1971
(5 ILCS 375/).
As of the effective date | 2 |
| of this amendatory Act of the 94th General Assembly but not | 3 |
| before, the State of Illinois shall be considered the employer | 4 |
| of the day and child care home providers participating in the | 5 |
| child care assistance program under Section 9A-11 of the | 6 |
| Illinois Public Aid Code, subject to the limitations set forth | 7 |
| in this Act and in Section 9A-11 of the Illinois Public Aid | 8 |
| Code. The State shall not be considered to be the employer of | 9 |
| child and day care home providers for any purposes not | 10 |
| specifically provided for in this amendatory Act of the 94th | 11 |
| General Assembly, including but not limited to, purposes of | 12 |
| vicarious liability in tort and purposes of statutory | 13 |
| retirement or health insurance benefits. Child and day care | 14 |
| home providers shall not be covered by the State Employees | 15 |
| Group Insurance Act of 1971.
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| "Public employer" or
"employer" as used in this Act, | 17 |
| however, does not
mean and shall not include the General | 18 |
| Assembly of the State of Illinois,
the Executive Ethics | 19 |
| Commission, the Offices of the Executive Inspectors
General, | 20 |
| the Legislative Ethics Commission, the Office of the | 21 |
| Legislative
Inspector General, the Office of the Auditor | 22 |
| General's Inspector General,
and educational employers or | 23 |
| employers as defined in the Illinois
Educational Labor | 24 |
| Relations Act, except with respect to a state university in
its | 25 |
| employment of firefighters and peace officers. County boards | 26 |
| and county
sheriffs shall be
designated as joint or | 27 |
| co-employers of county peace officers appointed
under the | 28 |
| authority of a county sheriff. Nothing in this subsection
(o) | 29 |
| shall be construed
to prevent the State Panel or the Local | 30 |
| Panel
from determining that employers are joint or | 31 |
| co-employers.
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| (p) "Security employee" means an employee who is | 33 |
| responsible for the
supervision and control of inmates at | 34 |
| correctional facilities. The term
also includes other | 35 |
| non-security employees in bargaining units having the
majority | 36 |
| of employees being responsible for the supervision and control |
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| of
inmates at correctional facilities.
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| (q) "Short-term employee" means an employee who is employed | 3 |
| for less
than 2 consecutive calendar quarters during a calendar | 4 |
| year and who does
not have a reasonable assurance that he or | 5 |
| she will be rehired by the
same employer for the same service | 6 |
| in a subsequent calendar year.
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| (r) "Supervisor" is an employee whose principal work is | 8 |
| substantially
different from that of his or her subordinates | 9 |
| and who has authority, in the
interest of the employer, to | 10 |
| hire, transfer, suspend, lay off, recall,
promote, discharge, | 11 |
| direct, reward, or discipline employees, to adjust
their | 12 |
| grievances, or to effectively recommend any of those actions, | 13 |
| if the
exercise
of that authority is not of a merely routine or | 14 |
| clerical nature, but
requires the consistent use of independent | 15 |
| judgment. Except with respect to
police employment, the term | 16 |
| "supervisor" includes only those individuals
who devote a | 17 |
| preponderance of their employment time to exercising that
| 18 |
| authority, State supervisors notwithstanding. In addition, in | 19 |
| determining
supervisory status in police employment, rank | 20 |
| shall not be determinative.
The Board shall consider, as | 21 |
| evidence of bargaining unit inclusion or
exclusion, the common | 22 |
| law enforcement policies and relationships between
police | 23 |
| officer ranks and certification under applicable civil service | 24 |
| law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 25 |
| of the Illinois
Municipal Code, but these factors shall not
be | 26 |
| the sole or predominant factors considered by the Board in | 27 |
| determining
police supervisory status.
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| Notwithstanding the provisions of the preceding paragraph, | 29 |
| in determining
supervisory status in fire fighter employment, | 30 |
| no fire fighter shall be
excluded as a supervisor who has | 31 |
| established representation rights under
Section 9 of this Act. | 32 |
| Further, in new fire fighter units, employees shall
consist of | 33 |
| fire fighters of the rank of company officer and below. If a | 34 |
| company officer otherwise qualifies as a supervisor under the | 35 |
| preceding paragraph, however, he or she shall
not be included | 36 |
| in the fire fighter
unit. If there is no rank between that of |
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| chief and the
highest company officer, the employer may | 2 |
| designate a position on each
shift as a Shift Commander, and | 3 |
| the persons occupying those positions shall
be supervisors. All | 4 |
| other ranks above that of company officer shall be
supervisors.
| 5 |
| (s) (1) "Unit" means a class of jobs or positions that are | 6 |
| held by
employees whose collective interests may suitably | 7 |
| be represented by a labor
organization for collective | 8 |
| bargaining. Except with respect to non-State fire
fighters | 9 |
| and paramedics employed by fire departments and fire | 10 |
| protection
districts, non-State peace officers, and peace | 11 |
| officers in the Department of
State Police, a bargaining | 12 |
| unit determined by the Board shall not include both
| 13 |
| employees and supervisors, or supervisors only, except as | 14 |
| provided in paragraph
(2) of this subsection (s) and except | 15 |
| for bargaining units in existence on July
1, 1984 (the | 16 |
| effective date of this Act). With respect to non-State fire
| 17 |
| fighters and paramedics employed by fire departments and | 18 |
| fire protection
districts, non-State peace officers, and | 19 |
| peace officers in the Department of
State Police, a | 20 |
| bargaining unit determined by the Board shall not include | 21 |
| both
supervisors and nonsupervisors, or supervisors only, | 22 |
| except as provided in
paragraph (2) of this subsection (s) | 23 |
| and except for bargaining units in
existence on January 1, | 24 |
| 1986 (the effective date of this amendatory Act of
1985). A | 25 |
| bargaining unit determined by the Board to contain peace | 26 |
| officers
shall contain no employees other than peace | 27 |
| officers unless otherwise agreed to
by the employer and the | 28 |
| labor organization or labor organizations involved.
| 29 |
| Notwithstanding any other provision of this Act, a | 30 |
| bargaining unit, including a
historical bargaining unit, | 31 |
| containing sworn peace officers of the Department
of | 32 |
| Natural Resources (formerly designated the Department of | 33 |
| Conservation) shall
contain no employees other than such | 34 |
| sworn peace officers upon the effective
date of this | 35 |
| amendatory Act of 1990 or upon the expiration date of any
| 36 |
| collective bargaining agreement in effect upon the |
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| effective date of this
amendatory Act of 1990 covering both | 2 |
| such sworn peace officers and other
employees.
| 3 |
| (2) Notwithstanding the exclusion of supervisors from | 4 |
| bargaining units
as provided in paragraph (1) of this | 5 |
| subsection (s), a public
employer may agree to permit its | 6 |
| supervisory employees to form bargaining units
and may | 7 |
| bargain with those units. This Act shall apply if the | 8 |
| public employer
chooses to bargain under this subsection.
| 9 |
| (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
| 10 |
| (5 ILCS 315/7) (from Ch. 48, par. 1607)
| 11 |
| Sec. 7. Duty to bargain. A public employer and the | 12 |
| exclusive representative
have the authority and the duty to | 13 |
| bargain collectively set forth in this
Section.
| 14 |
| For the purposes of this Act, "to bargain collectively" | 15 |
| means the performance
of the mutual obligation of the public | 16 |
| employer or his designated
representative and the | 17 |
| representative of the public employees to meet at
reasonable | 18 |
| times, including meetings in advance of the budget-making | 19 |
| process,
and to negotiate in good faith with respect to wages, | 20 |
| hours, and other
conditions
of employment, not excluded by | 21 |
| Section 4 of this Act, or the negotiation
of an agreement, or | 22 |
| any question arising
thereunder and the execution of a written | 23 |
| contract incorporating any agreement
reached if requested by | 24 |
| either party, but such obligation does not compel
either party | 25 |
| to agree to a proposal or require the making of a concession.
| 26 |
| The duty "to bargain collectively" shall also include an | 27 |
| obligation to
negotiate over any matter with respect to wages, | 28 |
| hours and other conditions
of employment, not specifically | 29 |
| provided for in any other law or not specifically
in violation | 30 |
| of the provisions
of any law. If any other law pertains, in | 31 |
| part, to a matter affecting
the wages, hours and other | 32 |
| conditions of employment, such other law shall
not be construed | 33 |
| as limiting the duty "to bargain collectively" and to enter
| 34 |
| into collective bargaining agreements containing clauses which | 35 |
| either supplement,
implement, or relate to the effect of such |
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| provisions in other laws.
| 2 |
| The duty "to bargain collectively" shall also include | 3 |
| negotiations
as to the terms of a collective bargaining | 4 |
| agreement.
The parties may, by mutual agreement, provide for | 5 |
| arbitration of impasses
resulting from their inability to agree | 6 |
| upon wages, hours and terms and
conditions of employment to be | 7 |
| included in a collective bargaining agreement.
Such | 8 |
| arbitration provisions shall be subject to the Illinois | 9 |
| "Uniform Arbitration
Act" unless agreed by the parties.
| 10 |
| The duty "to bargain collectively" shall also mean that no | 11 |
| party to a collective
bargaining contract shall terminate or | 12 |
| modify such contract, unless the
party desiring such | 13 |
| termination or modification:
| 14 |
| (1) serves a written notice upon the other party to the | 15 |
| contract of the
proposed termination or modification 60 days | 16 |
| prior to the expiration date
thereof, or in the event such | 17 |
| contract contains no expiration date, 60 days
prior to the time | 18 |
| it is proposed to make such termination or modification;
| 19 |
| (2) offers to meet and confer with the other party for the | 20 |
| purpose of
negotiating a new contract or a contract containing | 21 |
| the proposed modifications;
| 22 |
| (3) notifies the Board within 30 days after such notice of | 23 |
| the existence
of a dispute, provided no agreement has been | 24 |
| reached by that time; and
| 25 |
| (4) continues in full force and effect, without resorting | 26 |
| to strike or
lockout, all the terms and conditions of the | 27 |
| existing contract for a period
of 60 days after such notice is | 28 |
| given to the other party or until the expiration
date of such | 29 |
| contract, whichever occurs later.
| 30 |
| The duties imposed upon employers, employees and labor | 31 |
| organizations by
paragraphs (2), (3) and (4) shall become | 32 |
| inapplicable upon an intervening
certification of the Board, | 33 |
| under which the labor organization, which is
a party to the | 34 |
| contract, has been superseded as or ceased to be the exclusive
| 35 |
| representative
of the employees pursuant to the provisions of | 36 |
| subsection (a) of Section
9, and the duties so imposed shall |
|
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| not be construed as requiring either
party to discuss or agree | 2 |
| to any modification of the terms and conditions
contained in a | 3 |
| contract for a fixed period, if such modification is to become
| 4 |
| effective before such terms and conditions can be reopened | 5 |
| under the provisions
of the contract.
| 6 |
| Collective bargaining for personal care attendants and | 7 |
| personal assistants
under
the Home Services Program shall be | 8 |
| limited to the terms and conditions of
employment
under the | 9 |
| State's control, as defined in the
this amendatory Act of the | 10 |
| 93rd
General
Assembly.
| 11 |
| Collective bargaining for child and day care home providers | 12 |
| under the child care assistance program shall be limited to the | 13 |
| terms and conditions of employment under the State's control, | 14 |
| as defined in this amendatory Act of the 94th General Assembly.
| 15 |
| (Source: P.A. 93-204, eff. 7-16-03.)
| 16 |
| Section 10. The Illinois Public Aid Code is amended by | 17 |
| changing Section 9A-11 as follows:
| 18 |
| (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| 19 |
| Sec. 9A-11. Child Care.
| 20 |
| (a) The General Assembly recognizes that families with | 21 |
| children need child
care in order to work. Child care is | 22 |
| expensive and families with low incomes,
including those who | 23 |
| are transitioning from welfare to work, often struggle to
pay | 24 |
| the costs of day care. The
General Assembly understands the | 25 |
| importance of helping low income working
families become and | 26 |
| remain self-sufficient. The General Assembly also believes
| 27 |
| that it is the responsibility of families to share in the costs | 28 |
| of child care.
It is also the preference of the General | 29 |
| Assembly that all working poor
families should be treated | 30 |
| equally, regardless of their welfare status.
| 31 |
| (b) To the extent resources permit, the Illinois Department | 32 |
| shall provide
child care services to parents or other relatives | 33 |
| as defined by rule who are
working or participating in | 34 |
| employment or Department approved
education or training |
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| programs. At a minimum, the Illinois Department shall
cover the | 2 |
| following categories of families:
| 3 |
| (1) recipients of TANF under Article IV participating | 4 |
| in work and training
activities as specified in the | 5 |
| personal plan for employment and
self-sufficiency;
| 6 |
| (2) families transitioning from TANF to work;
| 7 |
| (3) families at risk of becoming recipients of TANF;
| 8 |
| (4) families with special needs as defined by rule; and
| 9 |
| (5) working families with very low incomes as defined | 10 |
| by rule.
| 11 |
| The Department shall specify by rule the conditions of | 12 |
| eligibility, the
application process, and the types, amounts, | 13 |
| and duration of services.
Eligibility for
child care benefits | 14 |
| and the amount of child care provided may vary based on
family | 15 |
| size, income,
and other factors as specified by rule.
| 16 |
| In determining income eligibility for child care benefits, | 17 |
| the Department
annually, at the beginning of each fiscal year, | 18 |
| shall
establish, by rule, one income threshold for each family | 19 |
| size, in relation to
percentage of State median income for a | 20 |
| family of that size, that makes
families with incomes below the | 21 |
| specified threshold eligible for assistance
and families with | 22 |
| incomes above the specified threshold ineligible for
| 23 |
| assistance. The specified threshold must be no less than 50% of | 24 |
| the
then-current State median income for each family size.
| 25 |
| In determining eligibility for
assistance, the Department | 26 |
| shall not give preference to any category of
recipients
or give | 27 |
| preference to individuals based on their receipt of benefits | 28 |
| under this
Code.
| 29 |
| The Department shall allocate $7,500,000 annually for a | 30 |
| test program for
families who are income-eligible for child | 31 |
| care assistance, who
are not recipients of TANF under Article | 32 |
| IV, and who need child care assistance
to participate in | 33 |
| education and training activities. The
Department shall | 34 |
| specify by rule the conditions of eligibility for this test
| 35 |
| program.
| 36 |
| Nothing in this Section shall be
construed as conferring |
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| entitlement status to eligible families.
| 2 |
| The Illinois
Department is authorized to lower income | 3 |
| eligibility ceilings, raise parent
co-payments, create waiting | 4 |
| lists, or take such other actions during a fiscal
year as are | 5 |
| necessary to ensure that child care benefits paid under this
| 6 |
| Article do not exceed the amounts appropriated for those child | 7 |
| care benefits.
These changes may be accomplished by emergency | 8 |
| rule under Section 5-45 of the
Illinois Administrative | 9 |
| Procedure Act, except that the limitation on the number
of | 10 |
| emergency rules that may be adopted in a 24-month period shall | 11 |
| not apply.
| 12 |
| The Illinois Department may contract with other State | 13 |
| agencies or child care
organizations for the administration of | 14 |
| child care services.
| 15 |
| (c) Payment shall be made for child care that otherwise | 16 |
| meets the
requirements of this Section and applicable standards | 17 |
| of State and local
law and regulation, including any | 18 |
| requirements the Illinois Department
promulgates by rule in | 19 |
| addition to the licensure
requirements
promulgated by the | 20 |
| Department of Children and Family Services and Fire
Prevention | 21 |
| and Safety requirements promulgated by the Office of the State
| 22 |
| Fire Marshal and is provided in any of the following:
| 23 |
| (1) a child care center which is licensed or exempt | 24 |
| from licensure
pursuant to Section 2.09 of the Child Care | 25 |
| Act of 1969;
| 26 |
| (2) a licensed child care home or home exempt from | 27 |
| licensing;
| 28 |
| (3) a licensed group child care home;
| 29 |
| (4) other types of child care, including child care | 30 |
| provided
by relatives or persons living in the same home as | 31 |
| the child, as determined by
the Illinois Department by | 32 |
| rule.
| 33 |
| (b-5) Solely for the purposes of coverage under the | 34 |
| Illinois Public Labor Relations Act, child and day care home | 35 |
| providers, including licensed and license exempt, | 36 |
| participating in the Department's child care assistance |
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| program shall be considered to be public employees and the | 2 |
| State of Illinois shall be considered to be their employer as | 3 |
| of the effective date of this amendatory Act of the 94th | 4 |
| General Assembly, but not before. The State shall engage in | 5 |
| collective bargaining with an exclusive representative of | 6 |
| child and day care home providers participating in the child | 7 |
| care assistance program concerning their terms and conditions | 8 |
| of employment that are within the State's control. Nothing in | 9 |
| this subsection shall be understood to limit the right of | 10 |
| families receiving services defined in this Section to select | 11 |
| child and day care home providers or supervise them within the | 12 |
| limits of this Section. The State shall not be considered to be | 13 |
| the employer of child and day care home providers for any | 14 |
| purposes not specifically provided in this amendatory Act of | 15 |
| the 94th General Assembly, including but not limited to, | 16 |
| purposes of vicarious liability in tort and purposes of | 17 |
| statutory retirement or health insurance benefits. Child and | 18 |
| day care home providers shall not be covered by the State | 19 |
| Employees Group Insurance Act of 1971. | 20 |
| In according child and day care home providers and their | 21 |
| selected representative rights under the Illinois Public Labor | 22 |
| Relations Act, the State intends that the State action | 23 |
| exemption to application of federal and State antitrust laws be | 24 |
| fully available to the extent that their activities are | 25 |
| authorized by this amendatory Act of the 94th General Assembly.
| 26 |
| (d) The Illinois Department shall, by rule, require | 27 |
| co-payments for
child care services by any parent, including | 28 |
| parents whose only income is from
assistance under this Code. | 29 |
| The co-payment shall be assessed based on a
sliding scale based | 30 |
| on family income, family size, and the number of
children in | 31 |
| care. Co-payments shall not be increased due solely to a change
| 32 |
| in the methodology for counting family income.
| 33 |
| (e) The Illinois Department shall conduct a market rate | 34 |
| survey based on
the cost of care and other relevant factors | 35 |
| which shall be completed by July 1,
1998.
| 36 |
| (f) The Illinois Department shall, by rule, set rates to be |
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| paid for the
various types of child care. Child care may be | 2 |
| provided through one of the
following methods:
| 3 |
| (1) arranging the child care through eligible | 4 |
| providers by use of
purchase of service contracts or | 5 |
| vouchers;
| 6 |
| (2) arranging with other agencies and community | 7 |
| volunteer groups for
non-reimbursed child care;
| 8 |
| (3) (blank); or
| 9 |
| (4) adopting such other arrangements as the Department | 10 |
| determines
appropriate.
| 11 |
| (f-5) The Illinois Department, in consultation with its | 12 |
| Child Care and Development Advisory Council, shall develop a | 13 |
| comprehensive plan to revise the State's rates for the various | 14 |
| types of child care. The plan shall be completed no later than | 15 |
| January 1, 2005 and shall include: | 16 |
| (1) Base reimbursement rates that are adequate to | 17 |
| provide children receiving child care services from | 18 |
| the Department equal access to quality child care, | 19 |
| utilizing data from the most current market rate | 20 |
| survey. | 21 |
| (2) A tiered reimbursement rate system that | 22 |
| financially rewards providers of child care services | 23 |
| that meet defined benchmarks of higher-quality care. | 24 |
| (3) Consideration of revisions to existing county | 25 |
| groupings and age classifications, utilizing data from | 26 |
| the most current market rate survey. | 27 |
| (4) Consideration of special rates for certain | 28 |
| types of care such as caring for a child with a | 29 |
| disability.
| 30 |
| (g) Families eligible for assistance under this Section | 31 |
| shall be given the
following options:
| 32 |
| (1) receiving a child care certificate issued by the | 33 |
| Department or a
subcontractor of the Department that may be | 34 |
| used by the parents as payment for
child care and | 35 |
| development services only; or
| 36 |
| (2) if space is available, enrolling the child with a |
|
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| child care provider
that has a purchase of service contract | 2 |
| with the Department or a subcontractor
of the Department | 3 |
| for the provision of child care and development services.
| 4 |
| The Department may identify particular priority | 5 |
| populations for whom they may
request special | 6 |
| consideration by a provider with purchase of service
| 7 |
| contracts, provided that the providers shall be permitted | 8 |
| to maintain a balance
of clients in terms of household | 9 |
| incomes and families and children with special
needs, as | 10 |
| defined by rule.
| 11 |
| (Source: P.A. 93-361, eff. 9-1-03; 93-1062, eff. 12-23-04.)
|
|