SB0020eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB0020 EngrossedLRB098 04192 JDS 34215 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 1556, as passed by
5the 97th General Assembly, becomes law, the Illinois Public
6Labor Relations Act is amended by changing Sections 3 and 6.1
7as follows:
 
8    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
9    Sec. 3. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Board" means the Illinois Labor Relations Board or,
12with respect to a matter over which the jurisdiction of the
13Board is assigned to the State Panel or the Local Panel under
14Section 5, the panel having jurisdiction over the matter.
15    (b) "Collective bargaining" means bargaining over terms
16and conditions of employment, including hours, wages, and other
17conditions of employment, as detailed in Section 7 and which
18are not excluded by Section 4.
19    (c) "Confidential employee" means an employee who, in the
20regular course of his or her duties, assists and acts in a
21confidential capacity to persons who formulate, determine, and
22effectuate management policies with regard to labor relations
23or who, in the regular course of his or her duties, has

 

 

SB0020 Engrossed- 2 -LRB098 04192 JDS 34215 b

1authorized access to information relating to the effectuation
2or review of the employer's collective bargaining policies.
3    (d) "Craft employees" means skilled journeymen, crafts
4persons, and their apprentices and helpers.
5    (e) "Essential services employees" means those public
6employees performing functions so essential that the
7interruption or termination of the function will constitute a
8clear and present danger to the health and safety of the
9persons in the affected community.
10    (f) "Exclusive representative", except with respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers, and peace officers in the Department of State Police,
14means the labor organization that has been (i) designated by
15the Board as the representative of a majority of public
16employees in an appropriate bargaining unit in accordance with
17the procedures contained in this Act, (ii) historically
18recognized by the State of Illinois or any political
19subdivision of the State before July 1, 1984 (the effective
20date of this Act) as the exclusive representative of the
21employees in an appropriate bargaining unit, (iii) after July
221, 1984 (the effective date of this Act) recognized by an
23employer upon evidence, acceptable to the Board, that the labor
24organization has been designated as the exclusive
25representative by a majority of the employees in an appropriate
26bargaining unit; (iv) recognized as the exclusive

 

 

SB0020 Engrossed- 3 -LRB098 04192 JDS 34215 b

1representative of personal care attendants or personal
2assistants under Executive Order 2003-8 prior to the effective
3date of this amendatory Act of the 93rd General Assembly, and
4the organization shall be considered to be the exclusive
5representative of the personal care attendants or personal
6assistants as defined in this Section; or (v) recognized as the
7exclusive representative of child and day care home providers,
8including licensed and license exempt providers, pursuant to an
9election held under Executive Order 2005-1 prior to the
10effective date of this amendatory Act of the 94th General
11Assembly, and the organization shall be considered to be the
12exclusive 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 fighters
20in an appropriate bargaining unit in accordance with the
21procedures contained in this Act, (ii) historically recognized
22by the State of Illinois or any political subdivision of the
23State before January 1, 1986 (the effective date of this
24amendatory Act of 1985) as the exclusive representative by a
25majority of the peace officers or fire fighters in an
26appropriate bargaining unit, or (iii) after January 1, 1986

 

 

SB0020 Engrossed- 4 -LRB098 04192 JDS 34215 b

1(the effective date of this amendatory Act of 1985) recognized
2by an employer upon evidence, acceptable to the Board, that the
3labor organization has been designated as the exclusive
4representative by a majority of the peace officers or fire
5fighters in an appropriate bargaining unit.
6    (g) "Fair share agreement" means an agreement between the
7employer and an employee organization under which all or any of
8the employees in a collective bargaining unit are required to
9pay their proportionate share of the costs of the collective
10bargaining process, contract administration, and pursuing
11matters affecting wages, hours, and other conditions of
12employment, but not to exceed the amount of dues uniformly
13required of members. The amount certified by the exclusive
14representative shall not include any fees for contributions
15related to the election or support of any candidate for
16political office. Nothing in this subsection (g) shall preclude
17an employee from making voluntary political contributions in
18conjunction with his or her fair share payment.
19    (g-1) "Fire fighter" means, for the purposes of this Act
20only, any person who has been or is hereafter appointed to a
21fire department or fire protection district or employed by a
22state university and sworn or commissioned to perform fire
23fighter duties or paramedic duties, except that the following
24persons are not included: part-time fire fighters, auxiliary,
25reserve or voluntary fire fighters, including paid on-call fire
26fighters, clerks and dispatchers or other civilian employees of

 

 

SB0020 Engrossed- 5 -LRB098 04192 JDS 34215 b

1a fire department or fire protection district who are not
2routinely expected to perform fire fighter duties, or elected
3officials.
4    (g-2) "General Assembly of the State of Illinois" means the
5legislative branch of the government of the State of Illinois,
6as provided for under Article IV of the Constitution of the
7State of Illinois, and includes but is not limited to the House
8of Representatives, the Senate, the Speaker of the House of
9Representatives, the Minority Leader of the House of
10Representatives, the President of the Senate, the Minority
11Leader of the Senate, the Joint Committee on Legislative
12Support Services and any legislative support services agency
13listed in the Legislative Commission Reorganization Act of
141984.
15    (h) "Governing body" means, in the case of the State, the
16State Panel of the Illinois Labor Relations Board, the Director
17of the Department of Central Management Services, and the
18Director of the Department of Labor; the county board in the
19case of a county; the corporate authorities in the case of a
20municipality; and the appropriate body authorized to provide
21for expenditures of its funds in the case of any other unit of
22government.
23    (i) "Labor organization" means any organization in which
24public employees participate and that exists for the purpose,
25in whole or in part, of dealing with a public employer
26concerning wages, hours, and other terms and conditions of

 

 

SB0020 Engrossed- 6 -LRB098 04192 JDS 34215 b

1employment, including the settlement of grievances.
2    (i-5) "Legislative liaison" means a person who is an
3employee of a State agency, the Attorney General, the Secretary
4of State, the Comptroller, or the Treasurer, as the case may
5be, and whose job duties require the person to regularly
6communicate in the course of his or her employment with any
7official or staff of the General Assembly of the State of
8Illinois for the purpose of influencing any legislative action.
9    (j) "Managerial employee" means an individual who is
10engaged predominantly in executive and management functions
11and is charged with the responsibility of directing the
12effectuation of management policies and practices. With
13respect only to State employees in positions under the
14jurisdiction of the Attorney General, Secretary of State,
15Comptroller, or Treasurer (i) that were certified in a
16bargaining unit on or after December 2, 2008, (ii) for which a
17petition is filed with the Illinois Public Labor Relations
18Board on or after the effective date of this amendatory Act of
19the 97th General Assembly, or (iii) for which a petition is
20pending before the Illinois Public Labor Relations Board on
21that date, "managerial employee" means an individual who is
22engaged in executive and management functions or who is charged
23with the effectuation of management policies and practices or
24who represents management interests by taking or recommending
25discretionary actions that effectively control or implement
26policy. Nothing in this definition prohibits an individual from

 

 

SB0020 Engrossed- 7 -LRB098 04192 JDS 34215 b

1also meeting the definition "supervisor" under subsection (r)
2of this Section.
3    (k) "Peace officer" means, for the purposes of this Act
4only, any persons who have been or are hereafter appointed to a
5police force, department, or agency and sworn or commissioned
6to perform police duties, except that the following persons are
7not included: part-time police officers, special police
8officers, auxiliary police as defined by Section 3.1-30-20 of
9the Illinois Municipal Code, night watchmen, "merchant
10police", court security officers as defined by Section 3-6012.1
11of the Counties Code, temporary employees, traffic guards or
12wardens, civilian parking meter and parking facilities
13personnel or other individuals specially appointed to aid or
14direct traffic at or near schools or public functions or to aid
15in civil defense or disaster, parking enforcement employees who
16are not commissioned as peace officers and who are not armed
17and who are not routinely expected to effect arrests, parking
18lot attendants, clerks and dispatchers or other civilian
19employees of a police department who are not routinely expected
20to effect arrests, or elected officials.
21    (l) "Person" includes one or more individuals, labor
22organizations, public employees, associations, corporations,
23legal representatives, trustees, trustees in bankruptcy,
24receivers, or the State of Illinois or any political
25subdivision of the State or governing body, but does not
26include the General Assembly of the State of Illinois or any

 

 

SB0020 Engrossed- 8 -LRB098 04192 JDS 34215 b

1individual employed by the General Assembly of the State of
2Illinois.
3    (m) "Professional employee" means any employee engaged in
4work predominantly intellectual and varied in character rather
5than routine mental, manual, mechanical or physical work;
6involving the consistent exercise of discretion and adjustment
7in its performance; of such a character that the output
8produced or the result accomplished cannot be standardized in
9relation to a given period of time; and requiring advanced
10knowledge in a field of science or learning customarily
11acquired by a prolonged course of specialized intellectual
12instruction and study in an institution of higher learning or a
13hospital, as distinguished from a general academic education or
14from apprenticeship or from training in the performance of
15routine mental, manual, or physical processes; or any employee
16who has completed the courses of specialized intellectual
17instruction and study prescribed in this subsection (m) and is
18performing related work under the supervision of a professional
19person to qualify to become a professional employee as defined
20in this subsection (m).
21    (n) "Public employee" or "employee", for the purposes of
22this Act, means any individual employed by a public employer,
23including (i) interns and residents at public hospitals, (ii)
24as of the effective date of this amendatory Act of the 93rd
25General Assembly, but not before, personal care attendants and
26personal assistants working under the Home Services Program

 

 

SB0020 Engrossed- 9 -LRB098 04192 JDS 34215 b

1under Section 3 of the Disabled Persons Rehabilitation Act,
2subject to the limitations set forth in this Act and in the
3Disabled Persons Rehabilitation Act, and (iii) as of the
4effective date of this amendatory Act of the 94th General
5Assembly, but not before, child and day care home providers
6participating in the child care assistance program under
7Section 9A-11 of the Illinois Public Aid Code, subject to the
8limitations set forth in this Act and in Section 9A-11 of the
9Illinois Public Aid Code, (iv) beginning on the effective date
10of this amendatory Act of the 98th General Assembly and
11notwithstanding any other provision of this Act, any person
12employed by a public employer and who is classified as or who
13holds the employment title of Chief Stationary Engineer,
14Assistant Chief Stationary Engineer, Sewage Plant Operator,
15Water Plant Operator, Stationary Engineer, Plant Operating
16Engineer, Civil Engineer V, Civil Engineer VI, Civil Engineer
17VII, Technical Manager I, Technical Manager II, Technical
18Manager III, Technical Manager IV, Technical Manager V,
19Technical Manager VI, Realty Specialist III, Realty Specialist
20IV, Realty Specialist V, Technical Advisor I, Technical Advisor
21II, Technical Advisor III, Technical Advisor IV, or Technical
22Advisor V, and (v) beginning on the effective date of this
23amendatory Act of the 98th General Assembly and notwithstanding
24any other provision of this Act, any mental health
25administrator in the Department of Corrections who is
26classified as or who holds the position of Public Service

 

 

SB0020 Engrossed- 10 -LRB098 04192 JDS 34215 b

1Administrator (Option 8K), any attorney in the Department of
2Corrections who is classified as or who holds the position of
3Public Service Administrator (Option 8L), any nuclear safety
4staff attorney in the Illinois Emergency Management Agency, any
5Section Chief, Deputy Lab Director, Research and Development
6Coordinator, Quality Assurance Director, or Assistant Director
7of Training in the Department of State Police who is classified
8as or who holds the position of Senior Public Service
9Administrator (Option 7), any employee of the Office of the
10Inspector General in the Department of Human Services who is
11classified as or who holds the position of Public Service
12Administrator (Option 7), any Deputy of Intelligence in the
13Department of Corrections who is classified as or who holds the
14position of Public Service Administrator (Option 7), and any
15employee of the Department of State Police who handles issues
16concerning the Illinois State Police Sex Offender Registry and
17who is classified as or holds the position of Public Service
18Administrator (Option 7), but excluding all of the following:
19employees of the General Assembly of the State of Illinois;
20elected officials; executive heads of a department; members of
21boards or commissions; the Executive Inspectors General; any
22special Executive Inspectors General; employees of each Office
23of an Executive Inspector General; commissioners and employees
24of the Executive Ethics Commission; the Auditor General's
25Inspector General; employees of the Office of the Auditor
26General's Inspector General; the Legislative Inspector

 

 

SB0020 Engrossed- 11 -LRB098 04192 JDS 34215 b

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

 

 

SB0020 Engrossed- 12 -LRB098 04192 JDS 34215 b

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

 

 

SB0020 Engrossed- 13 -LRB098 04192 JDS 34215 b

1properly designated pursuant to Section 6.1 of this Act;
2confidential employees; independent contractors; and
3supervisors except as provided in this Act.
4    Personal care attendants and personal assistants shall not
5be considered public employees for any purposes not
6specifically provided for in the amendatory Act of the 93rd
7General Assembly, including but not limited to, purposes of
8vicarious liability in tort and purposes of statutory
9retirement or health insurance benefits. Personal care
10attendants and personal assistants shall not be covered by the
11State Employees Group Insurance Act of 1971 (5 ILCS 375/).
12    Child and day care home providers shall not be considered
13public employees for any purposes not specifically provided for
14in this amendatory Act of the 94th General Assembly, including
15but not limited to, purposes of vicarious liability in tort and
16purposes of statutory retirement or health insurance benefits.
17Child and day care home providers shall not be covered by the
18State Employees Group Insurance Act of 1971.
19    Notwithstanding Section 9, subsection (c), or any other
20provisions of this Act, all peace officers above the rank of
21captain in municipalities with more than 1,000,000 inhabitants
22shall be excluded from this Act.
23    (o) Except as otherwise in subsection (o-5), "public
24employer" or "employer" means the State of Illinois; any
25political subdivision of the State, unit of local government or
26school district; authorities including departments, divisions,

 

 

SB0020 Engrossed- 14 -LRB098 04192 JDS 34215 b

1bureaus, boards, commissions, or other agencies of the
2foregoing entities; and any person acting within the scope of
3his or her authority, express or implied, on behalf of those
4entities in dealing with its employees. As of the effective
5date of the amendatory Act of the 93rd General Assembly, but
6not before, the State of Illinois shall be considered the
7employer of the personal care attendants and personal
8assistants working under the Home Services Program under
9Section 3 of the Disabled Persons Rehabilitation Act, subject
10to the limitations set forth in this Act and in the Disabled
11Persons Rehabilitation Act. The State shall not be considered
12to be the employer of personal care attendants and personal
13assistants for any purposes not specifically provided for in
14this amendatory Act of the 93rd General Assembly, including but
15not limited to, purposes of vicarious liability in tort and
16purposes of statutory retirement or health insurance benefits.
17Personal care attendants and personal assistants shall not be
18covered by the State Employees Group Insurance Act of 1971 (5
19ILCS 375/). As of the effective date of this amendatory Act of
20the 94th General Assembly but not before, the State of Illinois
21shall be considered the employer of the day and child care home
22providers participating in the child care assistance program
23under Section 9A-11 of the Illinois Public Aid Code, subject to
24the limitations set forth in this Act and in Section 9A-11 of
25the Illinois Public Aid Code. The State shall not be considered
26to be the employer of child and day care home providers for any

 

 

SB0020 Engrossed- 15 -LRB098 04192 JDS 34215 b

1purposes not specifically provided for in this amendatory Act
2of the 94th General Assembly, including but not limited to,
3purposes of vicarious liability in tort and purposes of
4statutory retirement or health insurance benefits. Child and
5day care home providers shall not be covered by the State
6Employees Group Insurance Act of 1971.
7    "Public employer" or "employer" as used in this Act,
8however, does not mean and shall not include the General
9Assembly of the State of Illinois, the Executive Ethics
10Commission, the Offices of the Executive Inspectors General,
11the Legislative Ethics Commission, the Office of the
12Legislative Inspector General, the Office of the Auditor
13General's Inspector General, the Office of the Governor, the
14Governor's Office of Management and Budget, the Illinois
15Finance Authority, the Office of the Lieutenant Governor, the
16State Board of Elections, and educational employers or
17employers as defined in the Illinois Educational Labor
18Relations Act, except with respect to a state university in its
19employment of firefighters and peace officers and except with
20respect to a school district in the employment of peace
21officers in its own police department in existence on the
22effective date of this amendatory Act of the 96th General
23Assembly. County boards and county sheriffs shall be designated
24as joint or co-employers of county peace officers appointed
25under the authority of a county sheriff. Nothing in this
26subsection (o) shall be construed to prevent the State Panel or

 

 

SB0020 Engrossed- 16 -LRB098 04192 JDS 34215 b

1the Local Panel from determining that employers are joint or
2co-employers.
3    (o-5) With respect to wages, fringe benefits, hours,
4holidays, vacations, proficiency examinations, sick leave, and
5other conditions of employment, the public employer of public
6employees who are court reporters, as defined in the Court
7Reporters Act, shall be determined as follows:
8        (1) For court reporters employed by the Cook County
9    Judicial Circuit, the chief judge of the Cook County
10    Circuit Court is the public employer and employer
11    representative.
12        (2) For court reporters employed by the 12th, 18th,
13    19th, and, on and after December 4, 2006, the 22nd judicial
14    circuits, a group consisting of the chief judges of those
15    circuits, acting jointly by majority vote, is the public
16    employer and employer representative.
17        (3) For court reporters employed by all other judicial
18    circuits, a group consisting of the chief judges of those
19    circuits, acting jointly by majority vote, is the public
20    employer and employer representative.
21    (p) "Security employee" means an employee who is
22responsible for the supervision and control of inmates at
23correctional facilities. The term also includes other
24non-security employees in bargaining units having the majority
25of employees being responsible for the supervision and control
26of inmates at correctional facilities.

 

 

SB0020 Engrossed- 17 -LRB098 04192 JDS 34215 b

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

 

 

SB0020 Engrossed- 18 -LRB098 04192 JDS 34215 b

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

 

 

SB0020 Engrossed- 19 -LRB098 04192 JDS 34215 b

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

 

 

SB0020 Engrossed- 20 -LRB098 04192 JDS 34215 b

1    for bargaining units in existence on July 1, 1984 (the
2    effective date of this Act). With respect to non-State fire
3    fighters and paramedics employed by fire departments and
4    fire protection districts, non-State peace officers, and
5    peace officers in the Department of State Police, a
6    bargaining unit determined by the Board shall not include
7    both supervisors and nonsupervisors, or supervisors only,
8    except as provided in paragraph (2) of this subsection (s)
9    and except for bargaining units in existence on January 1,
10    1986 (the effective date of this amendatory Act of 1985). A
11    bargaining unit determined by the Board to contain peace
12    officers shall contain no employees other than peace
13    officers unless otherwise agreed to by the employer and the
14    labor organization or labor organizations involved.
15    Notwithstanding any other provision of this Act, a
16    bargaining unit, including a historical bargaining unit,
17    containing sworn peace officers of the Department of
18    Natural Resources (formerly designated the Department of
19    Conservation) shall contain no employees other than such
20    sworn peace officers upon the effective date of this
21    amendatory Act of 1990 or upon the expiration date of any
22    collective bargaining agreement in effect upon the
23    effective date of this amendatory Act of 1990 covering both
24    such sworn peace officers and other employees.
25        (2) Notwithstanding the exclusion of supervisors from
26    bargaining units as provided in paragraph (1) of this

 

 

SB0020 Engrossed- 21 -LRB098 04192 JDS 34215 b

1    subsection (s), a public employer may agree to permit its
2    supervisory employees to form bargaining units and may
3    bargain with those units. This Act shall apply if the
4    public employer chooses to bargain under this subsection.
5        (3) Public employees who are court reporters, as
6    defined in the Court Reporters Act, shall be divided into 3
7    units for collective bargaining purposes. One unit shall be
8    court reporters employed by the Cook County Judicial
9    Circuit; one unit shall be court reporters employed by the
10    12th, 18th, 19th, and, on and after December 4, 2006, the
11    22nd judicial circuits; and one unit shall be court
12    reporters employed by all other judicial circuits.
13    (t) "Active petition for certification in a bargaining
14unit" means a petition for certification filed with the Board
15under one of the following case numbers: S-RC-11-110;
16S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
17S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
18S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
19S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
20S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
21S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
22S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
23S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
24S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
25S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
26S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

 

 

SB0020 Engrossed- 22 -LRB098 04192 JDS 34215 b

1S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
2S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
3S-RC-07-100.
4(Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
 
5    (5 ILCS 315/6.1)
6    Sec. 6.1. Gubernatorial designation of certain public
7employment positions as excluded from collective bargaining.
8    (a) Notwithstanding any provision of this Act to the
9contrary, except subsections (e) and (f) of this Section, the
10Governor is authorized to designate up to 3,580 State
11employment positions collectively within State agencies
12directly responsible to the Governor, and, upon designation,
13those positions and employees in those positions, if any, are
14hereby excluded from the self-organization and collective
15bargaining provisions of Section 6 of this Act. Only those
16employment positions that have been certified in a bargaining
17unit on or after December 2, 2008, that have a pending petition
18for certification in a bargaining unit on the effective date of
19this amendatory Act of the 97th General Assembly, or that
20neither have been certified in a bargaining unit on or after
21December 2, 2008 nor have a pending petition for certification
22in a bargaining unit on the effective date of this amendatory
23Act of the 97th General Assembly are eligible to be designated
24by the Governor under this Section. The Governor may not
25designate under this Section, however, more than 1,900

 

 

SB0020 Engrossed- 23 -LRB098 04192 JDS 34215 b

1employment positions that have been certified in a bargaining
2unit on or after December 2, 2008.
3    (b) In order to properly designate a State employment
4position under this Section, the Governor shall provide in
5writing to the Board: the job title and job duties of the
6employment position; the name of the State employee currently
7in the employment position, if any; the name of the State
8agency employing the public employee; and the category under
9which the position qualifies for designation under this
10Section.
11    To qualify for designation under this Section, the
12employment position must meet one or more of the following
13requirements:
14        (1) it must authorize an employee in that position to
15    act as a legislative liaison;
16        (2) it must have a title of, or authorize a person who
17    holds that position to exercise substantially similar
18    duties as an, Agency General Counsel, Agency Chief of
19    Staff, Agency Executive Director, Agency Deputy Director,
20    Agency Chief Fiscal Officer, Agency Human Resources
21    Director, Senior Public Service Administrator, Public
22    Information Officer, or Chief Information Officer;
23        (3) it must be a Rutan-exempt, as designated by the
24    employer, position and completely exempt from jurisdiction
25    B of the Personnel Code;
26        (4) it must be a term appointed position pursuant to

 

 

SB0020 Engrossed- 24 -LRB098 04192 JDS 34215 b

1    Section 8b.18 or 8b.19 of the Personnel Code; or
2        (5) it must authorize an employee in that position to
3    have significant and independent discretionary authority
4    as an employee.
5    Within 60 days after the Governor makes a designation under
6this Section, the Board shall determine, in a manner that is
7consistent with the requirements of due process, whether the
8designation comports with the requirements of this Section.
9    (c) For the purposes of this Section, a person has
10significant and independent discretionary authority as an
11employee if he or she (i) is engaged in executive and
12management functions of a State agency and charged with the
13effectuation of management policies and practices of a State
14agency or represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement the policy of a State agency or (ii) qualifies as a
17supervisor of a State agency as that term is defined under
18Section 152 of the National Labor Relations Act or any orders
19of the National Labor Relations Board interpreting that
20provision or decisions of courts reviewing decisions of the
21National Labor Relations Board.
22    (d) The Governor must exercise the authority afforded under
23this Section within 365 calendar days after the effective date
24of this amendatory Act of the 97th General Assembly. Any
25designation made by the Governor under this Section shall be
26presumed to have been properly made.

 

 

SB0020 Engrossed- 25 -LRB098 04192 JDS 34215 b

1    If the Governor chooses not to designate a position under
2this Section, then that decision does not preclude a State
3agency from otherwise challenging the certification of that
4position under this Act.
5    The qualifying categories set forth in paragraphs (1)
6through (5) of subsection (b) of this Section are operative and
7function solely within this Section and do not expand or
8restrict the scope of any other provision contained in this
9Act.
10    (e) The provisions of this Section do not apply to any
11employee who is employed by a public employer and who is
12classified as, or holds the employment title of, Chief
13Stationary Engineer, Assistant Chief Stationary Engineer,
14Sewage Plant Operator, Water Plant Operator, Stationary
15Engineer, Plant Operating Engineer, Civil Engineer V, Civil
16Engineer VI, Civil Engineer VII, Technical Manager I, Technical
17Manager II, Technical Manager III, Technical Manager IV,
18Technical Manager V, Technical Manager VI, Realty Specialist
19III, Realty Specialist IV, Realty Specialist V, Technical
20Advisor I, Technical Advisor II, Technical Advisor III,
21Technical Advisor IV, or Technical Advisor V.
22    (f) The provisions of this Section also do not apply to any
23mental health administrator in the Department of Corrections
24who is classified as or who holds the position of Public
25Service Administrator (Option 8K), any attorney in the
26Department of Corrections who is classified as or who holds the

 

 

SB0020 Engrossed- 26 -LRB098 04192 JDS 34215 b

1position of Public Service Administrator (Option 8L), any
2nuclear safety staff attorney in the Illinois Emergency
3Management Agency, any Section Chief, Deputy Lab Director,
4Research and Development Coordinator, Quality Assurance
5Director, or Assistant Director of Training in the Department
6of State Police who is classified as or who holds the position
7of Senior Public Service Administrator (Option 7), any employee
8of the Office of the Inspector General in the Department of
9Human Services who is classified as or who holds the position
10of Public Service Administrator (Option 7), any Deputy of
11Intelligence in the Department of Corrections who is classified
12as or who holds the position of Public Service Administrator
13(Option 7), or any employee of the Department of State Police
14who handles issues concerning the Illinois State Police Sex
15Offender Registry and who is classified as or holds the
16position of Public Service Administrator (Option 7).
17(Source: 09700SB1556ham002.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.