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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3016 Introduced 2/7/2014, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 |
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Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Public Labor Relations Act is |
5 | | amended by changing Section 3 as follows: |
6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | | Sec. 3. Definitions. As used in this Act, unless the |
8 | | context
otherwise requires:
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9 | | (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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13 | | (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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17 | | (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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22 | | authorized access to information relating to the effectuation
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23 | | or review of the employer's collective bargaining policies. A |
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1 | | secretary, assistant, or one of like position to a person who |
2 | | formulates, determines, and effectuates labor relations policy |
3 | | is presumed to be a "confidential employee". The following is |
4 | | considered to be a person who formulates, determines, and |
5 | | effectuates labor relations policy under the Act: (i) the |
6 | | mayor, village president, county board president, county board |
7 | | chairman, or other chief executive officer of a unit of local |
8 | | government, and (ii) any village or city manager or village or |
9 | | city administrator, or anyone in a like position in any unit of |
10 | | local government.
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11 | | (d) "Craft employees" means skilled journeymen, crafts |
12 | | persons, and their
apprentices and helpers.
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13 | | (e) "Essential services employees" means those public |
14 | | employees
performing functions so essential that the |
15 | | interruption or termination of
the function will constitute a |
16 | | clear and present danger to the health and
safety of the |
17 | | persons in the affected community.
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18 | | (f) "Exclusive representative", except with respect to |
19 | | non-State fire
fighters and paramedics employed by fire |
20 | | departments and fire protection
districts, non-State peace |
21 | | officers, and peace officers in the
Department of State Police, |
22 | | means the labor organization that has
been (i) designated by |
23 | | the Board as the representative of a majority of public
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24 | | employees in an appropriate bargaining unit in accordance with |
25 | | the procedures
contained in this Act, (ii) historically
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26 | | recognized by the State of Illinois or
any political |
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1 | | subdivision of the State before July 1, 1984
(the effective |
2 | | date of this
Act) as the exclusive representative of the |
3 | | employees in an appropriate
bargaining unit, (iii) after July |
4 | | 1, 1984 (the
effective date of this Act) recognized by an
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5 | | employer upon evidence, acceptable to the Board, that the labor
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6 | | organization has been designated as the exclusive |
7 | | representative by a
majority of the employees in an appropriate |
8 | | bargaining unit;
(iv) recognized as the exclusive |
9 | | representative of personal care attendants
or personal
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10 | | assistants under Executive Order 2003-8 prior to the effective |
11 | | date of this
amendatory
Act of the 93rd General Assembly, and |
12 | | the organization shall be considered to
be the
exclusive |
13 | | representative of the personal care attendants or personal |
14 | | assistants
as defined
in this Section; or (v) recognized as the |
15 | | exclusive representative of child and day care home providers, |
16 | | including licensed and license exempt providers, pursuant to an |
17 | | election held under Executive Order 2005-1 prior to the |
18 | | effective date of this amendatory Act of the 94th General |
19 | | Assembly, and the organization shall be considered to be the |
20 | | exclusive representative of the child and day care home |
21 | | providers as defined in this Section.
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22 | | With respect to non-State fire fighters and paramedics |
23 | | employed by fire
departments and fire protection districts, |
24 | | non-State peace officers, and
peace officers in the Department |
25 | | of State Police,
"exclusive representative" means the labor |
26 | | organization that has
been (i) designated by the Board as the |
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1 | | representative of a majority of peace
officers or fire fighters |
2 | | in an appropriate bargaining unit in accordance
with the |
3 | | procedures contained in this Act, (ii)
historically recognized
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4 | | by the State of Illinois or any political subdivision of the |
5 | | State before
January 1, 1986 (the effective date of this |
6 | | amendatory Act of 1985) as the exclusive
representative by a |
7 | | majority of the peace officers or fire fighters in an
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8 | | appropriate bargaining unit, or (iii) after January 1,
1986 |
9 | | (the effective date of this amendatory
Act of 1985) recognized |
10 | | by an employer upon evidence, acceptable to the
Board, that the |
11 | | labor organization has been designated as the exclusive
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12 | | representative by a majority of the peace officers or fire |
13 | | fighters in an
appropriate bargaining unit.
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14 | | Where a historical pattern of representation exists for the |
15 | | workers of a water system that was owned by a public utility, |
16 | | as defined in Section 3-105 of the Public Utilities Act, prior |
17 | | to becoming certified employees of a municipality or |
18 | | municipalities once the municipality or municipalities have |
19 | | acquired the water system as authorized in Section 11-124-5 of |
20 | | the Illinois Municipal Code, the Board shall find the labor |
21 | | organization that has historically represented the workers to |
22 | | be the exclusive representative under this Act, and shall find |
23 | | the unit represented by the exclusive representative to be the |
24 | | appropriate unit. |
25 | | (g) "Fair share agreement" means an agreement between the |
26 | | employer and
an employee organization under which all or any of |
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1 | | the employees in a
collective bargaining unit are required to |
2 | | pay their proportionate share of
the costs of the collective |
3 | | bargaining process, contract administration, and
pursuing |
4 | | matters affecting wages, hours, and other conditions of |
5 | | employment,
but not to exceed the amount of dues uniformly |
6 | | required of members. The
amount certified by the exclusive |
7 | | representative shall not include any fees
for contributions |
8 | | related to the election or support of any candidate for
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9 | | political office. Nothing in this subsection (g) shall
preclude |
10 | | an employee from making
voluntary political contributions in |
11 | | conjunction with his or her fair share
payment.
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12 | | (g-1) "Fire fighter" means, for the purposes of this Act |
13 | | only, any
person who has been or is hereafter appointed to a |
14 | | fire department or fire
protection district or employed by a |
15 | | state university and sworn or
commissioned to perform fire |
16 | | fighter duties or paramedic duties, except that the
following |
17 | | persons are not included: part-time fire fighters,
auxiliary, |
18 | | reserve or voluntary fire fighters, including paid on-call fire
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19 | | fighters, clerks and dispatchers or other civilian employees of |
20 | | a fire
department or fire protection district who are not |
21 | | routinely expected to
perform fire fighter duties, or elected |
22 | | officials.
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23 | | (g-2) "General Assembly of the State of Illinois" means the
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24 | | legislative branch of the government of the State of Illinois, |
25 | | as provided
for under Article IV of the Constitution of the |
26 | | State of Illinois, and
includes but is not limited to the House |
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1 | | of Representatives, the Senate,
the Speaker of the House of |
2 | | Representatives, the Minority Leader of the
House of |
3 | | Representatives, the President of the Senate, the Minority |
4 | | Leader
of the Senate, the Joint Committee on Legislative |
5 | | Support Services and any
legislative support services agency |
6 | | listed in the Legislative Commission
Reorganization Act of |
7 | | 1984.
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8 | | (h) "Governing body" means, in the case of the State, the |
9 | | State Panel of
the Illinois Labor Relations Board, the Director |
10 | | of the Department of Central
Management Services, and the |
11 | | Director of the Department of Labor; the county
board in the |
12 | | case of a county; the corporate authorities in the case of a
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13 | | municipality; and the appropriate body authorized to provide |
14 | | for expenditures
of its funds in the case of any other unit of |
15 | | government.
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16 | | (i) "Labor organization" means any organization in which |
17 | | public employees
participate and that exists for the purpose, |
18 | | in whole or in part, of dealing
with a public employer |
19 | | concerning wages, hours, and other terms and conditions
of |
20 | | employment, including the settlement of grievances.
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21 | | (i-5) "Legislative liaison" means a person who is an |
22 | | employee of a State agency, the Attorney General, the Secretary |
23 | | of State, the Comptroller, or the Treasurer, as the case may |
24 | | be, and whose job duties require the person to regularly |
25 | | communicate in the course of his or her employment with any |
26 | | official or staff of the General Assembly of the State of |
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1 | | Illinois for the purpose of influencing any legislative action. |
2 | | (j) "Managerial employee" means an individual who is |
3 | | engaged
predominantly in executive and management functions |
4 | | and is charged with the
responsibility of directing the |
5 | | effectuation of management policies
and practices. With |
6 | | respect only to State employees in positions under the |
7 | | jurisdiction of the Attorney General, Secretary of State, |
8 | | Comptroller, or Treasurer (i) that were certified in a |
9 | | bargaining unit on or after December 2, 2008, (ii) for which a |
10 | | petition is filed with the Illinois Public Labor Relations |
11 | | Board on or after April 5, 2013 (the effective date of Public |
12 | | Act 97-1172), or (iii) for which a petition is pending before |
13 | | the Illinois Public Labor Relations Board on that date, |
14 | | "managerial employee" means an individual who is engaged in |
15 | | executive and management functions or who is charged with the |
16 | | effectuation of management policies and practices or who |
17 | | represents management interests by taking or recommending |
18 | | discretionary actions that effectively control or implement |
19 | | policy. Nothing in this definition prohibits an individual from |
20 | | also meeting the definition of "supervisor" under subsection |
21 | | (r) of this Section.
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22 | | (k) "Peace officer" means, for the purposes of this Act |
23 | | only, any
persons who have been or are hereafter appointed to a |
24 | | police force,
department, or agency and sworn or commissioned |
25 | | to perform police duties,
except that the following persons are |
26 | | not
included: part-time police
officers, special police |
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1 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
2 | | the Illinois Municipal Code, night watchmen, "merchant |
3 | | police",
court security officers as defined by Section 3-6012.1 |
4 | | of the Counties
Code,
temporary employees, traffic guards or |
5 | | wardens, civilian parking meter and
parking facilities |
6 | | personnel or other individuals specially appointed to
aid or |
7 | | direct traffic at or near schools or public functions or to aid |
8 | | in
civil defense or disaster, parking enforcement employees who |
9 | | are not
commissioned as peace officers and who are not armed |
10 | | and who are not
routinely expected to effect arrests, parking |
11 | | lot attendants, clerks and
dispatchers or other civilian |
12 | | employees of a police department who are not
routinely expected |
13 | | to effect arrests, or elected officials.
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14 | | (l) "Person" includes one or more individuals, labor |
15 | | organizations, public
employees, associations, corporations, |
16 | | legal representatives, trustees,
trustees in bankruptcy, |
17 | | receivers, or the State of Illinois or any political
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18 | | subdivision of the State or governing body, but does not |
19 | | include the General
Assembly of the State of Illinois or any |
20 | | individual employed by the General
Assembly of the State of |
21 | | Illinois.
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22 | | (m) "Professional employee" means any employee engaged in |
23 | | work predominantly
intellectual and varied in character rather |
24 | | than routine mental, manual,
mechanical or physical work; |
25 | | involving the consistent exercise of discretion
and adjustment |
26 | | in its performance; of such a character that the output |
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1 | | produced
or the result accomplished cannot be standardized in |
2 | | relation to a given
period of time; and requiring advanced |
3 | | knowledge in a field of science or
learning customarily |
4 | | acquired by a prolonged course of specialized intellectual
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5 | | instruction and study in an institution of higher learning or a |
6 | | hospital,
as distinguished from a general academic education or |
7 | | from apprenticeship
or from training in the performance of |
8 | | routine mental, manual, or physical
processes; or any employee |
9 | | who has completed the courses of specialized
intellectual |
10 | | instruction and study prescribed in this subsection (m) and is
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11 | | performing related
work under the supervision of a professional |
12 | | person to qualify to become
a professional employee as defined |
13 | | in this subsection (m).
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14 | | (n) "Public employee" or "employee", for the purposes of |
15 | | this Act, means
any individual employed by a public employer, |
16 | | including (i) interns and residents
at public hospitals, (ii) |
17 | | as of the effective date of this amendatory Act of the 93rd |
18 | | General
Assembly, but not
before, personal care attendants and |
19 | | personal assistants working under the Home
Services
Program |
20 | | under Section 3 of the Disabled Persons Rehabilitation Act, |
21 | | subject to
the
limitations set forth in this Act and in the |
22 | | Disabled Persons Rehabilitation
Act,
(iii) as of the effective |
23 | | date of this amendatory Act of the 94th General Assembly, but |
24 | | not before, child and day care home providers participating in |
25 | | the child care assistance program under Section 9A-11 of the |
26 | | Illinois Public Aid Code, subject to the limitations set forth |
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1 | | in this Act and in Section 9A-11 of the Illinois Public Aid |
2 | | Code, (iv) as of January 29, 2013 (the effective date of Public |
3 | | Act 97-1158), but not before except as otherwise provided in |
4 | | this subsection (n), home care and home health workers who |
5 | | function 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, and any other employee who |
19 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
20 | | Civil Engineer VII, Technical Manager I, Technical Manager II, |
21 | | Technical Manager III, Technical Manager IV, Technical Manager |
22 | | V, Technical Manager VI, Realty Specialist III, Realty |
23 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
24 | | Technical Advisor II, Technical Advisor III, Technical Advisor |
25 | | IV, or Technical Advisor V employed by the Department of |
26 | | Transportation who is in a position which is certified in a |
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1 | | bargaining unit on or before the effective date of this |
2 | | amendatory Act of the 98th General Assembly, and (vi) beginning |
3 | | on the effective date of this amendatory Act of the 98th |
4 | | General Assembly and notwithstanding any other provision of |
5 | | this Act, any mental health administrator in the Department of |
6 | | Corrections who is classified as or who holds the position of |
7 | | Public Service Administrator (Option 8K), any employee of the |
8 | | Office of the Inspector General in the Department of Human |
9 | | Services who is classified as or who holds the position of |
10 | | Public Service Administrator (Option 7), any Deputy of |
11 | | Intelligence in the Department of Corrections who is classified |
12 | | as or who holds the position of Public Service Administrator |
13 | | (Option 7), and any employee of the Department of State Police |
14 | | who handles issues concerning the Illinois State Police Sex |
15 | | Offender Registry and who is classified as or holds the |
16 | | position of Public Service Administrator (Option 7), but |
17 | | excluding all of the following: employees of the
General |
18 | | Assembly of the State of Illinois; elected officials; executive
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19 | | heads of a department; members of boards or commissions; the |
20 | | Executive
Inspectors General; any special Executive Inspectors |
21 | | General; employees of each
Office of an Executive Inspector |
22 | | General;
commissioners and employees of the Executive Ethics |
23 | | Commission; the Auditor
General's Inspector General; employees |
24 | | of the Office of the Auditor General's
Inspector General; the |
25 | | Legislative Inspector General; any special Legislative
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26 | | Inspectors General; employees of the Office
of the Legislative |
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1 | | Inspector General;
commissioners and employees of the |
2 | | Legislative Ethics Commission;
employees
of any
agency, board |
3 | | or commission created by this Act; employees appointed to
State |
4 | | positions of a temporary or emergency nature; all employees of |
5 | | school
districts and higher education institutions except |
6 | | firefighters and peace
officers employed
by a state university |
7 | | and except peace officers employed by a school district in its |
8 | | own police department in existence on the effective date of |
9 | | this amendatory Act of the 96th General Assembly; managerial |
10 | | employees; short-term employees; legislative liaisons; a |
11 | | person who is a State employee under the jurisdiction of the |
12 | | Office of the Attorney General who is licensed to practice law |
13 | | or whose position authorizes, either directly or indirectly, |
14 | | meaningful input into government decision-making on issues |
15 | | where there is room for principled disagreement on goals or |
16 | | their implementation; a person who is a State employee under |
17 | | the jurisdiction of the Office of the Comptroller who holds the |
18 | | position of Public Service Administrator or whose position is |
19 | | otherwise exempt under the Comptroller Merit Employment Code; a |
20 | | person who is a State employee under the jurisdiction of the |
21 | | Secretary of State who holds the position classification of |
22 | | Executive I or higher, whose position authorizes, either |
23 | | directly or indirectly, meaningful input into government |
24 | | decision-making on issues where there is room for principled |
25 | | disagreement on goals or their implementation, or who is |
26 | | otherwise exempt under the Secretary of State Merit Employment |
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1 | | Code; employees in the Office of the Secretary of State who are |
2 | | completely exempt from jurisdiction B of the Secretary of State |
3 | | Merit Employment Code and who are in Rutan-exempt positions on |
4 | | or after April 5, 2013 (the effective date of Public Act |
5 | | 97-1172); a person who is a State employee under the |
6 | | jurisdiction of the Treasurer who holds a position that is |
7 | | exempt from the State Treasurer Employment Code; any employee |
8 | | of a State agency who (i) holds the title or position of, or |
9 | | exercises substantially similar duties as a legislative |
10 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
11 | | Executive Director, Agency Deputy Director, Agency Chief |
12 | | Fiscal Officer, Agency Human Resources Director, Public |
13 | | Information Officer, or Chief Information Officer and (ii) was |
14 | | neither included in a bargaining unit nor subject to an active |
15 | | petition for certification in a bargaining unit; any employee |
16 | | of a State agency who (i) is in a position that is |
17 | | Rutan-exempt, as designated by the employer, and completely |
18 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
19 | | neither included in a bargaining unit nor subject to an active |
20 | | petition for certification in a bargaining unit; any term |
21 | | appointed employee of a State agency pursuant to Section 8b.18 |
22 | | or 8b.19 of the Personnel Code who was neither included in a |
23 | | bargaining unit nor subject to an active petition for |
24 | | certification in a bargaining unit; any employment position |
25 | | properly designated pursuant to Section 6.1 of this Act;
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26 | | confidential employees; independent contractors; and |
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1 | | supervisors except as
provided in this Act.
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2 | | Home care
and home health workers who function as personal |
3 | | care attendants, personal assistants, and individual |
4 | | maintenance home health workers and who also work under the |
5 | | Home Services Program under Section 3 of the Disabled Persons |
6 | | Rehabilitation Act shall not be considered
public
employees for |
7 | | any purposes not specifically provided for in Public Act 93-204 |
8 | | or Public Act 97-1158, including but not limited to, purposes |
9 | | of vicarious
liability in tort
and purposes of statutory |
10 | | retirement or health insurance benefits. Home care and home |
11 | | health workers who function as personal
care
attendants, |
12 | | personal assistants, and individual maintenance home health |
13 | | workers and who also work under the Home Services Program under |
14 | | Section 3 of the Disabled Persons Rehabilitation Act shall not |
15 | | be covered by the State Employees
Group
Insurance Act of 1971 |
16 | | (5 ILCS 375/).
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17 | | Child and day care home providers shall not be considered |
18 | | public employees for any purposes not specifically provided for |
19 | | in this amendatory Act of the 94th General Assembly, including |
20 | | but not limited to, purposes of vicarious liability in tort and |
21 | | purposes of statutory retirement or health insurance benefits. |
22 | | Child and day care home providers shall not be covered by the |
23 | | State Employees Group Insurance Act of 1971. |
24 | | Notwithstanding Section 9, subsection (c), or any other |
25 | | provisions of
this Act, all peace officers above the rank of |
26 | | captain in
municipalities with more than 1,000,000 inhabitants |
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1 | | shall be excluded
from this Act.
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2 | | (o) Except as otherwise in subsection (o-5), "public |
3 | | employer" or "employer" means the State of Illinois; any
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4 | | political subdivision of the State, unit of local government or |
5 | | school
district; authorities including departments, divisions, |
6 | | bureaus, boards,
commissions, or other agencies of the |
7 | | foregoing entities; and any person
acting within the scope of |
8 | | his or her authority, express or implied, on
behalf of those |
9 | | entities in dealing with its employees.
As of the effective |
10 | | date of the amendatory Act of the 93rd General Assembly,
but |
11 | | not
before, the State of Illinois shall be considered the |
12 | | employer of the personal
care
attendants and personal |
13 | | assistants working under the Home Services Program
under
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14 | | Section 3 of the Disabled Persons Rehabilitation Act, subject |
15 | | to the
limitations set forth
in this Act and in the Disabled |
16 | | Persons Rehabilitation Act. As of January 29, 2013 (the |
17 | | effective date of Public Act 97-1158), but not before except as |
18 | | otherwise provided in this subsection (o), the State shall be |
19 | | considered the employer of home care and home health workers |
20 | | who function as personal care attendants, personal assistants, |
21 | | and individual maintenance home health workers and who also |
22 | | work under the Home Services Program under Section 3 of the |
23 | | Disabled Persons Rehabilitation Act, no matter whether the |
24 | | State provides those services through direct fee-for-service |
25 | | arrangements, with the assistance of a managed care |
26 | | organization or other intermediary, or otherwise, but subject |
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1 | | to the limitations set forth in this Act and the Disabled |
2 | | Persons Rehabilitation Act. The State shall not
be
considered |
3 | | to be the employer of home care and home health workers who |
4 | | function as personal care attendants, personal
assistants, and |
5 | | individual maintenance home health workers and who also work |
6 | | under the Home Services Program under Section 3 of the Disabled |
7 | | Persons Rehabilitation Act, for any
purposes not specifically |
8 | | provided for in Public Act 93-204 or Public Act 97-1158, |
9 | | including but not limited to, purposes of vicarious liability |
10 | | in tort
and
purposes of statutory retirement or health |
11 | | insurance benefits. Home care and home health workers who |
12 | | function as personal care
attendants,
personal assistants, and |
13 | | individual maintenance home health workers and who also work |
14 | | under the Home Services Program under Section 3 of the Disabled |
15 | | Persons Rehabilitation Act shall not be covered by the State |
16 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the |
17 | | effective date of this amendatory Act of the 94th General |
18 | | Assembly but not before, the State of Illinois shall be |
19 | | considered the employer of the day and child care home |
20 | | providers participating in the child care assistance program |
21 | | under Section 9A-11 of the Illinois Public Aid Code, subject to |
22 | | the limitations set forth in this Act and in Section 9A-11 of |
23 | | the Illinois Public Aid Code. The State shall not be considered |
24 | | to be the employer of child and day care home providers for any |
25 | | purposes not specifically provided for in this amendatory Act |
26 | | of the 94th General Assembly, including but not limited to, |
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1 | | purposes of vicarious liability in tort and purposes of |
2 | | statutory retirement or health insurance benefits. Child and |
3 | | day care home providers shall not be covered by the State |
4 | | Employees Group Insurance Act of 1971. |
5 | | "Public employer" or
"employer" as used in this Act, |
6 | | however, does not
mean and shall not include the General |
7 | | Assembly of the State of Illinois,
the Executive Ethics |
8 | | Commission, the Offices of the Executive Inspectors
General, |
9 | | the Legislative Ethics Commission, the Office of the |
10 | | Legislative
Inspector General, the Office of the Auditor |
11 | | General's Inspector General, the Office of the Governor, the |
12 | | Governor's Office of Management and Budget, the Illinois |
13 | | Finance Authority, the Office of the Lieutenant Governor, the |
14 | | State Board of Elections, and educational employers or |
15 | | employers as defined in the Illinois
Educational Labor |
16 | | Relations Act, except with respect to a state university in
its |
17 | | employment of firefighters and peace officers and except with |
18 | | respect to a school district in the employment of peace |
19 | | officers in its own police department in existence on the |
20 | | effective date of this amendatory Act of the 96th General |
21 | | Assembly. County boards and county
sheriffs shall be
designated |
22 | | as joint or co-employers of county peace officers appointed
|
23 | | under the authority of a county sheriff. Nothing in this |
24 | | subsection
(o) shall be construed
to prevent the State Panel or |
25 | | the Local Panel
from determining that employers are joint or |
26 | | co-employers.
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1 | | (o-5) With respect to
wages, fringe
benefits, hours, |
2 | | holidays, vacations, proficiency
examinations, sick leave, and |
3 | | other conditions of
employment, the public employer of public |
4 | | employees who are court reporters, as
defined in the Court |
5 | | Reporters Act, shall be determined as
follows:
|
6 | | (1) For court reporters employed by the Cook County |
7 | | Judicial
Circuit, the chief judge of the Cook County |
8 | | Circuit
Court is the public employer and employer |
9 | | representative.
|
10 | | (2) For court reporters employed by the 12th, 18th, |
11 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
12 | | circuits, a group consisting of the chief judges of those |
13 | | circuits, acting
jointly by majority vote, is the public |
14 | | employer and employer representative.
|
15 | | (3) For court reporters employed by all other judicial |
16 | | circuits,
a group consisting of the chief judges of those |
17 | | circuits, acting jointly by
majority vote, is the public |
18 | | employer and employer representative.
|
19 | | (p) "Security employee" means an employee who is |
20 | | responsible for the
supervision and control of inmates at |
21 | | correctional facilities. The term
also includes other |
22 | | non-security employees in bargaining units having the
majority |
23 | | of employees being responsible for the supervision and control |
24 | | of
inmates at correctional facilities.
|
25 | | (q) "Short-term employee" means an employee who is employed |
26 | | for less
than 2 consecutive calendar quarters during a calendar |
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1 | | year and who does
not have a reasonable assurance that he or |
2 | | she will be rehired by the
same employer for the same service |
3 | | in a subsequent calendar year.
|
4 | | (q-5) "State agency" means an agency directly responsible |
5 | | to the Governor, as defined in Section 3.1 of the Executive |
6 | | Reorganization Implementation Act, and the Illinois Commerce |
7 | | Commission, the Illinois Workers' Compensation Commission, the |
8 | | Civil Service Commission, the Pollution Control Board, the |
9 | | Illinois Racing Board, and the Department of State Police Merit |
10 | | Board. |
11 | | (r) "Supervisor" is: |
12 | | (1) An employee whose principal work is substantially
|
13 | | different from that of his or her subordinates and who has |
14 | | authority, in the
interest of the employer, to hire, |
15 | | transfer, suspend, lay off, recall,
promote, discharge, |
16 | | direct, reward, or discipline employees, to adjust
their |
17 | | grievances, or to effectively recommend any of those |
18 | | actions, if the
exercise
of that authority is not of a |
19 | | merely routine or clerical nature, but
requires the |
20 | | consistent use of independent judgment. Except with |
21 | | respect to
police employment, the term "supervisor" |
22 | | includes only those individuals
who devote a preponderance |
23 | | of their employment time to exercising that
authority, |
24 | | State supervisors notwithstanding. Nothing in this |
25 | | definition prohibits an individual from also meeting the |
26 | | definition of "managerial employee" under subsection (j) |
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1 | | of this Section. In addition, in determining
supervisory |
2 | | status in police employment, rank shall not be |
3 | | determinative.
The Board shall consider, as evidence of |
4 | | bargaining unit inclusion or
exclusion, the common law |
5 | | enforcement policies and relationships between
police |
6 | | officer ranks and certification under applicable civil |
7 | | service law,
ordinances, personnel codes, or Division 2.1 |
8 | | of Article 10 of the Illinois
Municipal Code, but these |
9 | | factors shall not
be the sole or predominant factors |
10 | | considered by the Board in determining
police supervisory |
11 | | status.
|
12 | | Notwithstanding the provisions of the preceding |
13 | | paragraph, in determining
supervisory status in fire |
14 | | fighter employment, no fire fighter shall be
excluded as a |
15 | | supervisor who has established representation rights under
|
16 | | Section 9 of this Act. Further, in new fire fighter units, |
17 | | employees shall
consist of fire fighters of the rank of |
18 | | company officer and below. If a company officer otherwise |
19 | | qualifies as a supervisor under the preceding paragraph, |
20 | | however, he or she shall
not be included in the fire |
21 | | fighter
unit. If there is no rank between that of chief and |
22 | | the
highest company officer, the employer may designate a |
23 | | position on each
shift as a Shift Commander, and the |
24 | | persons occupying those positions shall
be supervisors. |
25 | | All other ranks above that of company officer shall be
|
26 | | supervisors.
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1 | | (2) With respect only to State employees in positions |
2 | | under the jurisdiction of the Attorney General, Secretary |
3 | | of State, Comptroller, or Treasurer (i) that were certified |
4 | | in a bargaining unit on or after December 2, 2008, (ii) for |
5 | | which a petition is filed with the Illinois Public Labor |
6 | | Relations Board on or after April 5, 2013 (the effective |
7 | | date of Public Act 97-1172), or (iii) for which a petition |
8 | | is pending before the Illinois Public Labor Relations Board |
9 | | on that date, an employee who qualifies as a supervisor |
10 | | under (A) Section 152 of the National Labor Relations Act |
11 | | and (B) orders of the National Labor Relations Board |
12 | | interpreting that provision or decisions of courts |
13 | | reviewing decisions of the National Labor Relations Board. |
14 | | (s)(1) "Unit" means a class of jobs or positions that are |
15 | | held by
employees whose collective interests may suitably be |
16 | | represented by a labor
organization for collective bargaining. |
17 | | Except with respect to non-State fire
fighters and paramedics |
18 | | employed by fire departments and fire protection
districts, |
19 | | non-State peace officers, and peace officers in the Department |
20 | | of
State Police, a bargaining unit determined by the Board |
21 | | shall not include both
employees and supervisors, or |
22 | | supervisors only, except as provided in paragraph
(2) of this |
23 | | subsection (s) and except for bargaining units in existence on |
24 | | July
1, 1984 (the effective date of this Act). With respect to |
25 | | non-State fire
fighters and paramedics employed by fire |
26 | | departments and fire protection
districts, non-State peace |
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1 | | officers, and peace officers in the Department of
State Police, |
2 | | a bargaining unit determined by the Board shall not include |
3 | | both
supervisors and nonsupervisors, or supervisors only, |
4 | | except as provided in
paragraph (2) of this subsection (s) and |
5 | | except for bargaining units in
existence on January 1, 1986 |
6 | | (the effective date of this amendatory Act of
1985). A |
7 | | bargaining unit determined by the Board to contain peace |
8 | | officers
shall contain no employees other than peace officers |
9 | | unless otherwise agreed to
by the employer and the labor |
10 | | organization or labor organizations involved.
Notwithstanding |
11 | | any other provision of this Act, a bargaining unit, including a
|
12 | | historical bargaining unit, containing sworn peace officers of |
13 | | the Department
of Natural Resources (formerly designated the |
14 | | Department of Conservation) shall
contain no employees other |
15 | | than such sworn peace officers upon the effective
date of this |
16 | | amendatory Act of 1990 or upon the expiration date of any
|
17 | | collective bargaining agreement in effect upon the effective |
18 | | date of this
amendatory Act of 1990 covering both such sworn |
19 | | peace officers and other
employees.
|
20 | | (2) Notwithstanding the exclusion of supervisors from |
21 | | bargaining units
as provided in paragraph (1) of this |
22 | | subsection (s), a public
employer may agree to permit its |
23 | | supervisory employees to form bargaining units
and may bargain |
24 | | with those units. This Act shall apply if the public employer
|
25 | | chooses to bargain under this subsection.
|
26 | | (3) Public employees who are court reporters, as defined
in |
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1 | | the Court Reporters Act,
shall be divided into 3 units for |
2 | | collective bargaining purposes. One unit
shall be court |
3 | | reporters employed by the Cook County Judicial Circuit; one
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4 | | unit shall be court reporters employed by the 12th, 18th, 19th, |
5 | | and, on and after December 4, 2006, the 22nd judicial
circuits; |
6 | | and one unit shall be court reporters employed by all other
|
7 | | judicial circuits.
|
8 | | (t) "Active petition for certification in a bargaining |
9 | | unit" means a petition for certification filed with the Board |
10 | | under one of the following case numbers: S-RC-11-110; |
11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
24 | | S-RC-07-100. |
25 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; |
26 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
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