Full Text of SB1910 98th General Assembly
SB1910ham002 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/30/2013
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| 1 | | AMENDMENT TO SENATE BILL 1910
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1910, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Public Labor Relations Act is | 6 | | amended by changing Sections 3 and 6.1 as follows: | 7 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 8 | | Sec. 3. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | (a) "Board" means the Illinois
Labor Relations Board or, | 11 | | with respect to a matter over which the
jurisdiction of the | 12 | | Board is assigned to the State Panel or the Local Panel
under | 13 | | Section 5, the panel having jurisdiction over the matter.
| 14 | | (b) "Collective bargaining" means bargaining over terms | 15 | | and conditions
of employment, including hours, wages, and other | 16 | | conditions of employment,
as detailed in Section 7 and which |
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| 1 | | are not excluded by Section 4.
| 2 | | (c) "Confidential employee" means an employee who, in the | 3 | | regular course
of his or her duties, assists and acts in a | 4 | | confidential capacity to persons
who formulate, determine, and | 5 | | effectuate management policies with regard
to labor relations | 6 | | or who, in the regular course of his or her duties, has
| 7 | | authorized access to information relating to the effectuation
| 8 | | or review of the employer's collective bargaining policies.
| 9 | | (d) "Craft employees" means skilled journeymen, crafts | 10 | | persons, and their
apprentices and helpers.
| 11 | | (e) "Essential services employees" means those public | 12 | | employees
performing functions so essential that the | 13 | | interruption or termination of
the function will constitute a | 14 | | clear and present danger to the health and
safety of the | 15 | | persons in the affected community.
| 16 | | (f) "Exclusive representative", except with respect to | 17 | | non-State fire
fighters and paramedics employed by fire | 18 | | departments and fire protection
districts, non-State peace | 19 | | officers, and peace officers in the
Department of State Police, | 20 | | means the labor organization that has
been (i) designated by | 21 | | the Board as the representative of a majority of public
| 22 | | employees in an appropriate bargaining unit in accordance with | 23 | | the procedures
contained in this Act, (ii) historically
| 24 | | recognized by the State of Illinois or
any political | 25 | | subdivision of the State before July 1, 1984
(the effective | 26 | | date of this
Act) as the exclusive representative of the |
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| 1 | | employees in an appropriate
bargaining unit, (iii) after July | 2 | | 1, 1984 (the
effective date of this Act) recognized by an
| 3 | | employer upon evidence, acceptable to the Board, that the labor
| 4 | | organization has been designated as the exclusive | 5 | | representative by a
majority of the employees in an appropriate | 6 | | bargaining unit;
(iv) recognized as the exclusive | 7 | | representative of personal care attendants
or personal
| 8 | | assistants under Executive Order 2003-8 prior to the effective | 9 | | date of this
amendatory
Act of the 93rd General Assembly, and | 10 | | the organization shall be considered to
be the
exclusive | 11 | | representative of the personal care attendants or personal | 12 | | assistants
as defined
in this Section; or (v) recognized as the | 13 | | exclusive representative of child and day care home providers, | 14 | | including licensed and license exempt providers, pursuant to an | 15 | | election held under Executive Order 2005-1 prior to the | 16 | | effective date of this amendatory Act of the 94th General | 17 | | Assembly, and the organization shall be considered to be the | 18 | | exclusive representative of the child and day care home | 19 | | providers as defined in this Section.
| 20 | | With respect to non-State fire fighters and paramedics | 21 | | employed by fire
departments and fire protection districts, | 22 | | non-State peace officers, and
peace officers in the Department | 23 | | of State Police,
"exclusive representative" means the labor | 24 | | organization that has
been (i) designated by the Board as the | 25 | | representative of a majority of peace
officers or fire fighters | 26 | | in an appropriate bargaining unit in accordance
with the |
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| 1 | | procedures contained in this Act, (ii)
historically recognized
| 2 | | by the State of Illinois or any political subdivision of the | 3 | | State before
January 1, 1986 (the effective date of this | 4 | | amendatory Act of 1985) as the exclusive
representative by a | 5 | | majority of the peace officers or fire fighters in an
| 6 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 7 | | (the effective date of this amendatory
Act of 1985) recognized | 8 | | by an employer upon evidence, acceptable to the
Board, that the | 9 | | labor organization has been designated as the exclusive
| 10 | | representative by a majority of the peace officers or fire | 11 | | fighters in an
appropriate bargaining unit.
| 12 | | Where a historical pattern of representation exists for the | 13 | | workers of a water system that was owned by a public utility, | 14 | | as defined in Section 3-105 of the Public Utilities Act, prior | 15 | | to becoming certified employees of a municipality or | 16 | | municipalities once the municipality or municipalities have | 17 | | acquired the water system as authorized in Section 11-124-5 of | 18 | | the Illinois Municipal Code, the Board shall find the labor | 19 | | organization that has historically represented the workers to | 20 | | be the exclusive representative under this Act, and shall find | 21 | | the unit represented by the exclusive representative to be the | 22 | | appropriate unit. | 23 | | (g) "Fair share agreement" means an agreement between the | 24 | | employer and
an employee organization under which all or any of | 25 | | the employees in a
collective bargaining unit are required to | 26 | | pay their proportionate share of
the costs of the collective |
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| 1 | | bargaining process, contract administration, and
pursuing | 2 | | matters affecting wages, hours, and other conditions of | 3 | | employment,
but not to exceed the amount of dues uniformly | 4 | | required of members. The
amount certified by the exclusive | 5 | | representative shall not include any fees
for contributions | 6 | | related to the election or support of any candidate for
| 7 | | political office. Nothing in this subsection (g) shall
preclude | 8 | | an employee from making
voluntary political contributions in | 9 | | conjunction with his or her fair share
payment.
| 10 | | (g-1) "Fire fighter" means, for the purposes of this Act | 11 | | only, any
person who has been or is hereafter appointed to a | 12 | | fire department or fire
protection district or employed by a | 13 | | state university and sworn or
commissioned to perform fire | 14 | | fighter duties or paramedic duties, except that the
following | 15 | | persons are not included: part-time fire fighters,
auxiliary, | 16 | | reserve or voluntary fire fighters, including paid on-call fire
| 17 | | fighters, clerks and dispatchers or other civilian employees of | 18 | | a fire
department or fire protection district who are not | 19 | | routinely expected to
perform fire fighter duties, or elected | 20 | | officials.
| 21 | | (g-2) "General Assembly of the State of Illinois" means the
| 22 | | legislative branch of the government of the State of Illinois, | 23 | | as provided
for under Article IV of the Constitution of the | 24 | | State of Illinois, and
includes but is not limited to the House | 25 | | of Representatives, the Senate,
the Speaker of the House of | 26 | | Representatives, the Minority Leader of the
House of |
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| 1 | | Representatives, the President of the Senate, the Minority | 2 | | Leader
of the Senate, the Joint Committee on Legislative | 3 | | Support Services and any
legislative support services agency | 4 | | listed in the Legislative Commission
Reorganization Act of | 5 | | 1984.
| 6 | | (h) "Governing body" means, in the case of the State, the | 7 | | State Panel of
the Illinois Labor Relations Board, the Director | 8 | | of the Department of Central
Management Services, and the | 9 | | Director of the Department of Labor; the county
board in the | 10 | | case of a county; the corporate authorities in the case of a
| 11 | | municipality; and the appropriate body authorized to provide | 12 | | for expenditures
of its funds in the case of any other unit of | 13 | | government.
| 14 | | (i) "Labor organization" means any organization in which | 15 | | public employees
participate and that exists for the purpose, | 16 | | in whole or in part, of dealing
with a public employer | 17 | | concerning wages, hours, and other terms and conditions
of | 18 | | employment, including the settlement of grievances.
| 19 | | (i-5) "Legislative liaison" means a person who is an | 20 | | employee of a State agency, the Attorney General, the Secretary | 21 | | of State, the Comptroller, or the Treasurer, as the case may | 22 | | be, and whose job duties require the person to regularly | 23 | | communicate in the course of his or her employment with any | 24 | | official or staff of the General Assembly of the State of | 25 | | Illinois for the purpose of influencing any legislative action. | 26 | | (j) "Managerial employee" means an individual who is |
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| 1 | | engaged
predominantly in executive and management functions | 2 | | and is charged with the
responsibility of directing the | 3 | | effectuation of management policies
and practices. With | 4 | | respect only to State employees in positions under the | 5 | | jurisdiction of the Attorney General, Secretary of State, | 6 | | Comptroller, or Treasurer (i) that were certified in a | 7 | | bargaining unit on or after December 2, 2008, (ii) for which a | 8 | | petition is filed with the Illinois Public Labor Relations | 9 | | Board on or after April 5, 2013 ( the effective date of Public | 10 | | Act 97-1172) this amendatory Act of the 97th General Assembly , | 11 | | or (iii) for which a petition is pending before the Illinois | 12 | | Public Labor Relations Board on that date, "managerial | 13 | | employee" means an individual who is engaged in executive and | 14 | | management functions or who is charged with the effectuation of | 15 | | management policies and practices or who represents management | 16 | | interests by taking or recommending discretionary actions that | 17 | | effectively control or implement policy. Nothing in this | 18 | | definition prohibits an individual from also meeting the | 19 | | definition of "supervisor" under subsection (r) of this | 20 | | Section.
| 21 | | (k) "Peace officer" means, for the purposes of this Act | 22 | | only, any
persons who have been or are hereafter appointed to a | 23 | | police force,
department, or agency and sworn or commissioned | 24 | | to perform police duties,
except that the following persons are | 25 | | not
included: part-time police
officers, special police | 26 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
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| 1 | | the Illinois Municipal Code, night watchmen, "merchant | 2 | | police",
court security officers as defined by Section 3-6012.1 | 3 | | of the Counties
Code,
temporary employees, traffic guards or | 4 | | wardens, civilian parking meter and
parking facilities | 5 | | personnel or other individuals specially appointed to
aid or | 6 | | direct traffic at or near schools or public functions or to aid | 7 | | in
civil defense or disaster, parking enforcement employees who | 8 | | are not
commissioned as peace officers and who are not armed | 9 | | and who are not
routinely expected to effect arrests, parking | 10 | | lot attendants, clerks and
dispatchers or other civilian | 11 | | employees of a police department who are not
routinely expected | 12 | | to effect arrests, or elected officials.
| 13 | | (l) "Person" includes one or more individuals, labor | 14 | | organizations, public
employees, associations, corporations, | 15 | | legal representatives, trustees,
trustees in bankruptcy, | 16 | | receivers, or the State of Illinois or any political
| 17 | | subdivision of the State or governing body, but does not | 18 | | include the General
Assembly of the State of Illinois or any | 19 | | individual employed by the General
Assembly of the State of | 20 | | Illinois.
| 21 | | (m) "Professional employee" means any employee engaged in | 22 | | work predominantly
intellectual and varied in character rather | 23 | | than routine mental, manual,
mechanical or physical work; | 24 | | involving the consistent exercise of discretion
and adjustment | 25 | | in its performance; of such a character that the output | 26 | | produced
or the result accomplished cannot be standardized in |
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| 1 | | relation to a given
period of time; and requiring advanced | 2 | | knowledge in a field of science or
learning customarily | 3 | | acquired by a prolonged course of specialized intellectual
| 4 | | instruction and study in an institution of higher learning or a | 5 | | hospital,
as distinguished from a general academic education or | 6 | | from apprenticeship
or from training in the performance of | 7 | | routine mental, manual, or physical
processes; or any employee | 8 | | who has completed the courses of specialized
intellectual | 9 | | instruction and study prescribed in this subsection (m) and is
| 10 | | performing related
work under the supervision of a professional | 11 | | person to qualify to become
a professional employee as defined | 12 | | in this subsection (m).
| 13 | | (n) "Public employee" or "employee", for the purposes of | 14 | | this Act, means
any individual employed by a public employer, | 15 | | including (i) interns and residents
at public hospitals, (ii) | 16 | | as of the effective date of this amendatory Act of the 93rd | 17 | | General
Assembly, but not
before, personal care attendants and | 18 | | personal assistants working under the Home
Services
Program | 19 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 20 | | subject to
the
limitations set forth in this Act and in the | 21 | | Disabled Persons Rehabilitation
Act,
(iii) as of the effective | 22 | | date of this amendatory Act of the 94th General Assembly, but | 23 | | not before, child and day care home providers participating in | 24 | | the child care assistance program under Section 9A-11 of the | 25 | | Illinois Public Aid Code, subject to the limitations set forth | 26 | | in this Act and in Section 9A-11 of the Illinois Public Aid |
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| 1 | | Code, and (iv) as of January 29, 2013 ( the effective date of | 2 | | Public Act 97-1158) this amendatory Act of the 97th General | 3 | | Assembly , but not before except as otherwise provided in this | 4 | | subsection (n), home care and home health workers who function | 5 | | as personal care attendants, personal assistants, and | 6 | | individual maintenance home health workers and who also work | 7 | | under the Home Services Program under Section 3 of the Disabled | 8 | | Persons Rehabilitation Act, no matter whether the State | 9 | | provides those services through direct fee-for-service | 10 | | arrangements, with the assistance of a managed care | 11 | | organization or other intermediary, or otherwise, (v) | 12 | | beginning on the effective date of this amendatory Act of the | 13 | | 98th General Assembly and notwithstanding any other provision | 14 | | of this Act, any person employed by a public employer and who | 15 | | is classified as or who holds the employment title of Chief | 16 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 17 | | Sewage Plant Operator, Water Plant Operator, Stationary | 18 | | Engineer, Plant Operating Engineer, Civil Engineer V, Civil | 19 | | Engineer VI, Civil Engineer VII, Technical Manager I, Technical | 20 | | Manager II, Technical Manager III, Technical Manager IV, | 21 | | Technical Manager V, Technical Manager VI, Realty Specialist | 22 | | III, Realty Specialist IV, Realty Specialist V, Technical | 23 | | Advisor I, Technical Advisor II, Technical Advisor III, | 24 | | Technical Advisor IV, or Technical Advisor V, and (vi) | 25 | | beginning on the effective date of this amendatory Act of the | 26 | | 98th General Assembly and notwithstanding any other provision |
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| 1 | | of this Act, any mental health administrator in the Department | 2 | | of Corrections who is classified as or who holds the position | 3 | | of Public Service Administrator (Option 8K), any attorney in | 4 | | the Department of Corrections who is classified as or who holds | 5 | | the position of Public Service Administrator (Option 8L), any | 6 | | nuclear safety staff attorney in the Illinois Emergency | 7 | | Management Agency, any Section Chief, Deputy Lab Director, | 8 | | Research and Development Coordinator, Quality Assurance | 9 | | Director, or Assistant Director of Training in the Department | 10 | | of State Police who is classified as or who holds the position | 11 | | of Senior Public Service Administrator (Option 7), any employee | 12 | | of the Office of the Inspector General in the Department of | 13 | | Human Services who is classified as or who holds the position | 14 | | of Public Service Administrator (Option 7), any Deputy of | 15 | | Intelligence in the Department of Corrections who is classified | 16 | | as or who holds the position of Public Service Administrator | 17 | | (Option 7), and any employee of the Department of State Police | 18 | | who handles issues concerning the Illinois State Police Sex | 19 | | Offender Registry and who is classified as or holds the | 20 | | position of Public Service Administrator (Option 7), but | 21 | | excluding all of the following: employees of the
General | 22 | | Assembly of the State of Illinois; elected officials; executive
| 23 | | heads of a department; members of boards or commissions; the | 24 | | Executive
Inspectors General; any special Executive Inspectors | 25 | | General; employees of each
Office of an Executive Inspector | 26 | | General;
commissioners and employees of the Executive Ethics |
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| 1 | | Commission; the Auditor
General's Inspector General; employees | 2 | | of the Office of the Auditor General's
Inspector General; the | 3 | | Legislative Inspector General; any special Legislative
| 4 | | Inspectors General; employees of the Office
of the Legislative | 5 | | Inspector General;
commissioners and employees of the | 6 | | Legislative Ethics Commission;
employees
of any
agency, board | 7 | | or commission created by this Act; employees appointed to
State | 8 | | positions of a temporary or emergency nature; all employees of | 9 | | school
districts and higher education institutions except | 10 | | firefighters and peace
officers employed
by a state university | 11 | | and except peace officers employed by a school district in its | 12 | | own police department in existence on the effective date of | 13 | | this amendatory Act of the 96th General Assembly; managerial | 14 | | employees; short-term employees; legislative liaisons; a | 15 | | person who is a State employee under the jurisdiction of the | 16 | | Office of the Attorney General who is licensed to practice law | 17 | | or whose position authorizes, either directly or indirectly, | 18 | | meaningful input into government decision-making on issues | 19 | | where there is room for principled disagreement on goals or | 20 | | their implementation; a person who is a State employee under | 21 | | the jurisdiction of the Office of the Comptroller who holds the | 22 | | position of Public Service Administrator or whose position is | 23 | | otherwise exempt under the Comptroller Merit Employment Code; a | 24 | | person who is a State employee under the jurisdiction of the | 25 | | Secretary of State who holds the position classification of | 26 | | Executive I or higher, whose position authorizes, either |
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| 1 | | directly or indirectly, meaningful input into government | 2 | | decision-making on issues where there is room for principled | 3 | | disagreement on goals or their implementation, or who is | 4 | | otherwise exempt under the Secretary of State Merit Employment | 5 | | Code; employees in the Office of the Secretary of State who are | 6 | | completely exempt from jurisdiction B of the Secretary of State | 7 | | Merit Employment Code and who are in Rutan-exempt positions on | 8 | | or after April 5, 2013 ( the effective date of Public Act | 9 | | 97-1172) this amendatory Act of the 97th General Assembly ; a | 10 | | person who is a State employee under the jurisdiction of the | 11 | | Treasurer who holds a position that is exempt from the State | 12 | | Treasurer Employment Code; any employee of a State agency who | 13 | | (i) holds the title or position of, or exercises substantially | 14 | | similar duties as a legislative liaison, Agency General | 15 | | Counsel, Agency Chief of Staff, Agency Executive Director, | 16 | | Agency Deputy Director, Agency Chief Fiscal Officer, Agency | 17 | | Human Resources Director, Public Information Officer, or Chief | 18 | | Information Officer and (ii) was neither included in a | 19 | | bargaining unit nor subject to an active petition for | 20 | | certification in a bargaining unit; any employee of a State | 21 | | agency who (i) is in a position that is Rutan-exempt, as | 22 | | designated by the employer, and completely exempt from | 23 | | jurisdiction B of the Personnel Code and (ii) was neither | 24 | | included in a bargaining unit nor subject to an active petition | 25 | | for certification in a bargaining unit; any term appointed | 26 | | employee of a State agency pursuant to Section 8b.18 or 8b.19 |
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| 1 | | of the Personnel Code who was neither included in a bargaining | 2 | | unit nor subject to an active petition for certification in a | 3 | | bargaining unit; any employment position properly designated | 4 | | pursuant to Section 6.1 of this Act;
confidential employees; | 5 | | independent contractors; and supervisors except as
provided in | 6 | | this Act.
| 7 | | Home care
and home health workers who function as personal | 8 | | care attendants, personal assistants, and individual | 9 | | maintenance home health workers and who also work under the | 10 | | Home Services Program under Section 3 of the Disabled Persons | 11 | | Rehabilitation Act shall not be considered
public
employees for | 12 | | any purposes not specifically provided for in Public Act 93-204 | 13 | | or Public Act 97-1158 this amendatory Act of the 97th General | 14 | | Assembly , including but not limited to, purposes of vicarious
| 15 | | liability in tort
and purposes of statutory retirement or | 16 | | health insurance benefits. Home care and home health workers | 17 | | who function as personal
care
attendants, personal assistants, | 18 | | and individual maintenance home health workers and who also | 19 | | work under the Home Services Program under Section 3 of the | 20 | | Disabled Persons Rehabilitation Act shall not be covered by the | 21 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 22 | | Child and day care home providers shall not be considered | 23 | | public employees for any purposes not specifically provided for | 24 | | in this amendatory Act of the 94th General Assembly, including | 25 | | but not limited to, purposes of vicarious liability in tort and | 26 | | purposes of statutory retirement or health insurance benefits. |
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| 1 | | Child and day care home providers shall not be covered by the | 2 | | State Employees Group Insurance Act of 1971. | 3 | | Notwithstanding Section 9, subsection (c), or any other | 4 | | provisions of
this Act, all peace officers above the rank of | 5 | | captain in
municipalities with more than 1,000,000 inhabitants | 6 | | shall be excluded
from this Act.
| 7 | | (o) Except as otherwise in subsection (o-5), "public | 8 | | employer" or "employer" means the State of Illinois; any
| 9 | | political subdivision of the State, unit of local government or | 10 | | school
district; authorities including departments, divisions, | 11 | | bureaus, boards,
commissions, or other agencies of the | 12 | | foregoing entities; and any person
acting within the scope of | 13 | | his or her authority, express or implied, on
behalf of those | 14 | | entities in dealing with its employees.
As of the effective | 15 | | date of the amendatory Act of the 93rd General Assembly,
but | 16 | | not
before, the State of Illinois shall be considered the | 17 | | employer of the personal
care
attendants and personal | 18 | | assistants working under the Home Services Program
under
| 19 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 20 | | to the
limitations set forth
in this Act and in the Disabled | 21 | | Persons Rehabilitation Act. As of January 29, 2013 ( the | 22 | | effective date of Public Act 97-1158) this amendatory Act of | 23 | | the 97th General Assembly , but not before except as otherwise | 24 | | provided in this subsection (o), the State shall be considered | 25 | | the employer of home care and home health workers who function | 26 | | as personal care attendants, personal assistants, and |
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| 1 | | individual maintenance home health workers and who also work | 2 | | under the Home Services Program under Section 3 of the Disabled | 3 | | Persons Rehabilitation Act, no matter whether the State | 4 | | provides those services through direct fee-for-service | 5 | | arrangements, with the assistance of a managed care | 6 | | organization or other intermediary, or otherwise, but subject | 7 | | to the limitations set forth in this Act and the Disabled | 8 | | Persons Rehabilitation Act. The State shall not
be
considered | 9 | | to be the employer of home care and home health workers who | 10 | | function as personal care attendants, personal
assistants, and | 11 | | individual maintenance home health workers and who also work | 12 | | under the Home Services Program under Section 3 of the Disabled | 13 | | Persons Rehabilitation Act, for any
purposes not specifically | 14 | | provided for in Public Act 93-204 or Public Act 97-1158 this | 15 | | amendatory Act of the 97th General Assembly , including but not | 16 | | limited to, purposes of vicarious liability in tort
and
| 17 | | purposes of statutory retirement or health insurance benefits. | 18 | | Home care and home health workers who function as personal care
| 19 | | attendants,
personal assistants, and individual maintenance | 20 | | home health workers and who also work under the Home Services | 21 | | Program under Section 3 of the Disabled Persons Rehabilitation | 22 | | Act shall not be covered by the State Employees Group
Insurance | 23 | | Act of 1971
(5 ILCS 375/).
As of the effective date of this | 24 | | amendatory Act of the 94th General Assembly but not before, the | 25 | | State of Illinois shall be considered the employer of the day | 26 | | and child care home providers participating in the child care |
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| 1 | | assistance program under Section 9A-11 of the Illinois Public | 2 | | Aid Code, subject to the limitations set forth in this Act and | 3 | | in Section 9A-11 of the Illinois Public Aid Code. The State | 4 | | shall not be considered to be the employer of child and day | 5 | | care home providers for any purposes not specifically provided | 6 | | for in this amendatory Act of the 94th General Assembly, | 7 | | including but not limited to, purposes of vicarious liability | 8 | | in tort and purposes of statutory retirement or health | 9 | | insurance benefits. Child and day care home providers shall not | 10 | | be covered by the State Employees Group Insurance Act of 1971. | 11 | | "Public employer" or
"employer" as used in this Act, | 12 | | however, does not
mean and shall not include the General | 13 | | Assembly of the State of Illinois,
the Executive Ethics | 14 | | Commission, the Offices of the Executive Inspectors
General, | 15 | | the Legislative Ethics Commission, the Office of the | 16 | | Legislative
Inspector General, the Office of the Auditor | 17 | | General's Inspector General, the Office of the Governor, the | 18 | | Governor's Office of Management and Budget, the Illinois | 19 | | Finance Authority, the Office of the Lieutenant Governor, the | 20 | | State Board of Elections, and educational employers or | 21 | | employers as defined in the Illinois
Educational Labor | 22 | | Relations Act, except with respect to a state university in
its | 23 | | employment of firefighters and peace officers and except with | 24 | | respect to a school district in the employment of peace | 25 | | officers in its own police department in existence on the | 26 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly. County boards and county
sheriffs shall be
designated | 2 | | as joint or co-employers of county peace officers appointed
| 3 | | under the authority of a county sheriff. Nothing in this | 4 | | subsection
(o) shall be construed
to prevent the State Panel or | 5 | | the Local Panel
from determining that employers are joint or | 6 | | co-employers.
| 7 | | (o-5) With respect to
wages, fringe
benefits, hours, | 8 | | holidays, vacations, proficiency
examinations, sick leave, and | 9 | | other conditions of
employment, the public employer of public | 10 | | employees who are court reporters, as
defined in the Court | 11 | | Reporters Act, shall be determined as
follows:
| 12 | | (1) For court reporters employed by the Cook County | 13 | | Judicial
Circuit, the chief judge of the Cook County | 14 | | Circuit
Court is the public employer and employer | 15 | | representative.
| 16 | | (2) For court reporters employed by the 12th, 18th, | 17 | | 19th, and, on and after December 4, 2006, the 22nd 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 | | (3) For court reporters employed by all other judicial | 22 | | circuits,
a group consisting of the chief judges of those | 23 | | circuits, acting jointly by
majority vote, is the public | 24 | | employer and employer representative.
| 25 | | (p) "Security employee" means an employee who is | 26 | | responsible for the
supervision and control of inmates at |
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| 1 | | correctional facilities. The term
also includes other | 2 | | non-security employees in bargaining units having the
majority | 3 | | of employees being responsible for the supervision and control | 4 | | of
inmates at correctional facilities.
| 5 | | (q) "Short-term employee" means an employee who is employed | 6 | | for less
than 2 consecutive calendar quarters during a calendar | 7 | | year and who does
not have a reasonable assurance that he or | 8 | | she will be rehired by the
same employer for the same service | 9 | | in a subsequent calendar year.
| 10 | | (q-5) "State agency" means an agency directly responsible | 11 | | to the Governor, as defined in Section 3.1 of the Executive | 12 | | Reorganization Implementation Act, and the Illinois Commerce | 13 | | Commission, the Illinois Workers' Compensation Commission, the | 14 | | Civil Service Commission, the Pollution Control Board, the | 15 | | Illinois Racing Board, and the Department of State Police Merit | 16 | | Board. | 17 | | (r) "Supervisor" is: | 18 | | (1) An employee whose principal work is substantially
| 19 | | different from that of his or her subordinates and who has | 20 | | authority, in the
interest of the employer, to hire, | 21 | | transfer, suspend, lay off, recall,
promote, discharge, | 22 | | direct, reward, or discipline employees, to adjust
their | 23 | | grievances, or to effectively recommend any of those | 24 | | actions, if the
exercise
of that authority is not of a | 25 | | merely routine or clerical nature, but
requires the | 26 | | consistent use of independent judgment. Except with |
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| 1 | | respect to
police employment, the term "supervisor" | 2 | | includes only those individuals
who devote a preponderance | 3 | | of their employment time to exercising that
authority, | 4 | | State supervisors notwithstanding. Nothing in this | 5 | | definition prohibits an individual from also meeting the | 6 | | definition of "managerial employee" under subsection (j) | 7 | | of this Section. In addition, in determining
supervisory | 8 | | status in police employment, rank shall not be | 9 | | determinative.
The Board shall consider, as evidence of | 10 | | bargaining unit inclusion or
exclusion, the common law | 11 | | enforcement policies and relationships between
police | 12 | | officer ranks and certification under applicable civil | 13 | | service law,
ordinances, personnel codes, or Division 2.1 | 14 | | of Article 10 of the Illinois
Municipal Code, but these | 15 | | factors shall not
be the sole or predominant factors | 16 | | considered by the Board in determining
police supervisory | 17 | | status.
| 18 | | Notwithstanding the provisions of the preceding | 19 | | paragraph, in determining
supervisory status in fire | 20 | | fighter employment, no fire fighter shall be
excluded as a | 21 | | supervisor who has established representation rights under
| 22 | | Section 9 of this Act. Further, in new fire fighter units, | 23 | | employees shall
consist of fire fighters of the rank of | 24 | | company officer and below. If a company officer otherwise | 25 | | qualifies as a supervisor under the preceding paragraph, | 26 | | however, he or she shall
not be included in the fire |
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| 1 | | fighter
unit. If there is no rank between that of chief and | 2 | | the
highest company officer, the employer may designate a | 3 | | position on each
shift as a Shift Commander, and the | 4 | | persons occupying those positions shall
be supervisors. | 5 | | All other ranks above that of company officer shall be
| 6 | | supervisors.
| 7 | | (2) With respect only to State employees in positions | 8 | | under the jurisdiction of the Attorney General, Secretary | 9 | | of State, Comptroller, or Treasurer (i) that were certified | 10 | | in a bargaining unit on or after December 2, 2008, (ii) for | 11 | | which a petition is filed with the Illinois Public Labor | 12 | | Relations Board on or after April 5, 2013 ( the effective | 13 | | date of Public Act 97-1172) this amendatory Act of the 97th | 14 | | General Assembly , or (iii) for which a petition is pending | 15 | | before the Illinois Public Labor Relations Board on that | 16 | | date, an employee who qualifies as a supervisor under (A) | 17 | | Section 152 of the National Labor Relations Act and (B) | 18 | | orders of the National Labor Relations Board interpreting | 19 | | that provision or decisions of courts reviewing decisions | 20 | | of the National Labor Relations Board. | 21 | | (s)(1) "Unit" means a class of jobs or positions that are | 22 | | held by
employees whose collective interests may suitably be | 23 | | represented by a labor
organization for collective bargaining. | 24 | | Except with respect to non-State fire
fighters and paramedics | 25 | | employed by fire departments and fire protection
districts, | 26 | | non-State peace officers, and peace officers in the Department |
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| 1 | | of
State Police, a bargaining unit determined by the Board | 2 | | shall not include both
employees and supervisors, or | 3 | | supervisors only, except as provided in paragraph
(2) of this | 4 | | subsection (s) and except for bargaining units in existence on | 5 | | July
1, 1984 (the effective date of this Act). With respect to | 6 | | non-State fire
fighters and paramedics employed by fire | 7 | | departments and fire protection
districts, non-State peace | 8 | | officers, and peace officers in the Department of
State Police, | 9 | | a bargaining unit determined by the Board shall not include | 10 | | both
supervisors and nonsupervisors, or supervisors only, | 11 | | except as provided in
paragraph (2) of this subsection (s) and | 12 | | except for bargaining units in
existence on January 1, 1986 | 13 | | (the effective date of this amendatory Act of
1985). A | 14 | | bargaining unit determined by the Board to contain peace | 15 | | officers
shall contain no employees other than peace officers | 16 | | unless otherwise agreed to
by the employer and the labor | 17 | | organization or labor organizations involved.
Notwithstanding | 18 | | any other provision of this Act, a bargaining unit, including a
| 19 | | historical bargaining unit, containing sworn peace officers of | 20 | | the Department
of Natural Resources (formerly designated the | 21 | | Department of Conservation) shall
contain no employees other | 22 | | than such sworn peace officers upon the effective
date of this | 23 | | amendatory Act of 1990 or upon the expiration date of any
| 24 | | collective bargaining agreement in effect upon the effective | 25 | | date of this
amendatory Act of 1990 covering both such sworn | 26 | | peace officers and other
employees.
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| 1 | | (2) Notwithstanding the exclusion of supervisors from | 2 | | bargaining units
as provided in paragraph (1) of this | 3 | | subsection (s), a public
employer may agree to permit its | 4 | | supervisory employees to form bargaining units
and may bargain | 5 | | with those units. This Act shall apply if the public employer
| 6 | | chooses to bargain under this subsection.
| 7 | | (3) Public employees who are court reporters, as defined
in | 8 | | the Court Reporters Act,
shall be divided into 3 units for | 9 | | collective bargaining purposes. One unit
shall be court | 10 | | reporters employed by the Cook County Judicial Circuit; one
| 11 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 12 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 13 | | and one unit shall be court reporters employed by all other
| 14 | | judicial circuits.
| 15 | | (t) "Active petition for certification in a bargaining | 16 | | unit" means a petition for certification filed with the Board | 17 | | under one of the following case numbers: S-RC-11-110; | 18 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 19 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 20 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 21 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 22 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 23 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 24 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 25 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 26 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
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| 1 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 2 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 3 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 4 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 5 | | S-RC-07-100. | 6 | | (Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11; | 7 | | 97-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)
| 8 | | (5 ILCS 315/6.1) | 9 | | Sec. 6.1. Gubernatorial designation of certain public | 10 | | employment positions as excluded from collective bargaining. | 11 | | (a) Notwithstanding any provision of this Act to the | 12 | | contrary, except subsections (e) and (f) of this Section, the | 13 | | Governor is authorized to designate up to 3,580 State | 14 | | employment positions collectively within State agencies | 15 | | directly responsible to the Governor, and, upon designation, | 16 | | those positions and employees in those positions, if any, are | 17 | | hereby excluded from the self-organization and collective | 18 | | bargaining provisions of Section 6 of this Act. Only those | 19 | | employment positions that have been certified in a bargaining | 20 | | unit on or after December 2, 2008, that have a pending petition | 21 | | for certification in a bargaining unit on April 5, 2013 ( the | 22 | | effective date of Public Act 97-1172) this amendatory Act of | 23 | | the 97th General Assembly , or that neither have been certified | 24 | | in a bargaining unit on or after December 2, 2008 nor have a | 25 | | pending petition for certification in a bargaining unit on the |
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| 1 | | effective date of this amendatory Act of the 97th General | 2 | | Assembly are eligible to be designated by the Governor under | 3 | | this Section. The Governor may not designate under this | 4 | | Section, however, more than 1,900 employment positions that | 5 | | have been certified in a bargaining unit on or after December | 6 | | 2, 2008. | 7 | | (b) In order to properly designate a State employment | 8 | | position under this Section, the Governor shall provide in | 9 | | writing to the Board: the job title and job duties of the | 10 | | employment position; the name of the State employee currently | 11 | | in the employment position, if any; the name of the State | 12 | | agency employing the public employee; and the category under | 13 | | which the position qualifies for designation under this | 14 | | Section. | 15 | | To qualify for designation under this Section, the | 16 | | employment position must meet one or more of the following | 17 | | requirements: | 18 | | (1) it must authorize an employee in that position to | 19 | | act as a legislative liaison; | 20 | | (2) it must have a title of, or authorize a person who | 21 | | holds that position to exercise substantially similar | 22 | | duties as an, Agency General Counsel, Agency Chief of | 23 | | Staff, Agency Executive Director, Agency Deputy Director, | 24 | | Agency Chief Fiscal Officer, Agency Human Resources | 25 | | Director, Senior Public Service Administrator, Public | 26 | | Information Officer, or Chief Information Officer; |
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| 1 | | (3) it must be a Rutan-exempt, as designated by the | 2 | | employer, position and completely exempt from jurisdiction | 3 | | B of the Personnel Code; | 4 | | (4) it must be a term appointed position pursuant to | 5 | | Section 8b.18 or 8b.19 of the Personnel Code; or | 6 | | (5) it must authorize an employee in that position to | 7 | | have significant and independent discretionary authority | 8 | | as an employee. | 9 | | Within 60 days after the Governor makes a designation under | 10 | | this Section, the Board shall determine, in a manner that is | 11 | | consistent with the requirements of due process, whether the | 12 | | designation comports with the requirements of this Section. | 13 | | (c) For the purposes of this Section, a person has | 14 | | significant and independent discretionary authority as an | 15 | | employee if he or she (i) is engaged in executive and | 16 | | management functions of a State agency and charged with the | 17 | | effectuation of management policies and practices of a State | 18 | | agency or represents management interests by taking or | 19 | | recommending discretionary actions that effectively control or | 20 | | implement the policy of a State agency or (ii) qualifies as a | 21 | | supervisor of a State agency as that term is defined under | 22 | | Section 152 of the National Labor Relations Act or any orders | 23 | | of the National Labor Relations Board interpreting that | 24 | | provision or decisions of courts reviewing decisions of the | 25 | | National Labor Relations Board. | 26 | | (d) The Governor must exercise the authority afforded under |
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| 1 | | this Section within 365 calendar days after April 5, 2013 ( the | 2 | | effective date of Public Act 97-1172) this amendatory Act of | 3 | | the 97th General Assembly . Any designation made by the Governor | 4 | | under this Section shall be presumed to have been properly | 5 | | made. | 6 | | If the Governor chooses not to designate a position under | 7 | | this Section, then that decision does not preclude a State | 8 | | agency from otherwise challenging the certification of that | 9 | | position under this Act. | 10 | | The qualifying categories set forth in paragraphs (1) | 11 | | through (5) of subsection (b) of this Section are operative and | 12 | | function solely within this Section and do not expand or | 13 | | restrict the scope of any other provision contained in this | 14 | | Act.
| 15 | | (e) The provisions of this Section do not apply to any | 16 | | employee who is employed by a public employer and who is | 17 | | classified as, or holds the employment title of, Chief | 18 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 19 | | Sewage Plant Operator, Water Plant Operator, Stationary | 20 | | Engineer, Plant Operating Engineer, Civil Engineer V, Civil | 21 | | Engineer VI, Civil Engineer VII, Technical Manager I, Technical | 22 | | Manager II, Technical Manager III, Technical Manager IV, | 23 | | Technical Manager V, Technical Manager VI, Realty Specialist | 24 | | III, Realty Specialist IV, Realty Specialist V, Technical | 25 | | Advisor I, Technical Advisor II, Technical Advisor III, | 26 | | Technical Advisor IV, or Technical Advisor V. |
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| 1 | | (f) The provisions of this Section also do not apply to any | 2 | | mental health administrator in the Department of Corrections | 3 | | who is classified as or who holds the position of Public | 4 | | Service Administrator (Option 8K), any attorney in the | 5 | | Department of Corrections who is classified as or who holds the | 6 | | position of Public Service Administrator (Option 8L), any | 7 | | nuclear safety staff attorney in the Illinois Emergency | 8 | | Management Agency, any Section Chief, Deputy Lab Director, | 9 | | Research and Development Coordinator, Quality Assurance | 10 | | Director, or Assistant Director of Training in the Department | 11 | | of State Police who is classified as or who holds the position | 12 | | of Senior Public Service Administrator (Option 7), any employee | 13 | | of the Office of the Inspector General in the Department of | 14 | | Human Services who is classified as or who holds the position | 15 | | of Public Service Administrator (Option 7), any Deputy of | 16 | | Intelligence in the Department of Corrections who is classified | 17 | | as or who holds the position of Public Service Administrator | 18 | | (Option 7), or any employee of the Department of State Police | 19 | | who handles issues concerning the Illinois State Police Sex | 20 | | Offender Registry and who is classified as or holds the | 21 | | position of Public Service Administrator (Option 7). | 22 | | (Source: P.A. 97-1172, eff. 4-5-13.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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