Full Text of HB0691 99th General Assembly
HB0691ham002 99TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 6/9/2015
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| 1 | | AMENDMENT TO HOUSE BILL 691
| 2 | | AMENDMENT NO. ______. Amend House Bill 691, AS AMENDED, by | 3 | | inserting the following Sections in their proper numeric | 4 | | sequence as follows:
| 5 | | "Section 1. Short title. This Act may be cited as the Local | 6 | | Government Taxpayer Protection Act of 2015. | 7 | | Section 2. Legislative intent. As of 2015, Illinois | 8 | | taxpayers are paying the second highest median property taxes | 9 | | in the United States. While property taxes are a critical | 10 | | source of revenue for units of local government, school | 11 | | districts, and other local governmental entities, the high | 12 | | property tax burden hinders economic growth. The General | 13 | | Assembly finds that freezing property tax extensions until | 14 | | voters, acting by referendum, approve an increase in the tax | 15 | | extension will return control of local tax and spending policy | 16 | | to voters and, as property values begin to grow, reduce |
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| 1 | | property tax rates. | 2 | | To ensure that units of local government, school districts, | 3 | | and other governmental entities that depend upon property tax | 4 | | revenue are able to continue providing critical services to | 5 | | their residents notwithstanding this property tax freeze, the | 6 | | General Assembly further finds that it is necessary to reduce | 7 | | the State-imposed mandates on local governments that have | 8 | | increased the cost of providing these services. These mandates | 9 | | include the following: | 10 | | (1) According to the United States Census Bureau's 2012 | 11 | | report on state and local government finance, employee | 12 | | wages and benefits are the largest operational expense of | 13 | | local governments in Illinois. Although the Illinois | 14 | | Public Labor Relations Act and the Illinois Educational | 15 | | Labor Relations Act are intended to afford local | 16 | | governments with discretion over their budgets, employee | 17 | | costs remain a significant expense. The changes made by | 18 | | this amendatory Act of the 99th General Assembly to the | 19 | | Illinois Public Labor Relations Act and the Illinois | 20 | | Educational Labor Relations Act are intended to empower | 21 | | local governments to contain these costs. | 22 | | (2) Despite critical infrastructure and capital needs, | 23 | | the cost of capital projects is often higher for local | 24 | | governments than for the private sector. In particular, | 25 | | labor costs are higher due to the State's mandated | 26 | | prevailing wage, which often exceeds the wage required for |
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| 1 | | federally funded projects and the wage that actually | 2 | | prevails in the market, and the use of project labor | 3 | | agreements. | 4 | | The purpose of this amendatory Act of the 99th General | 5 | | Assembly is to alleviate the property tax burden. To offset the | 6 | | property tax freeze, it is necessary to reduce labor and | 7 | | capital costs incurred by units of local government, school | 8 | | districts, and other local governmental entities as a result of | 9 | | State mandates. | 10 | | Section 3. The Illinois Public Labor Relations Act is | 11 | | amended by changing Section 4 and by adding Section 4.5 as | 12 | | follows: | 13 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 14 | | Sec. 4. Management rights. | 15 | | (a) Employers shall not be required to bargain
over matters | 16 | | of inherent managerial policy, which shall include such areas
| 17 | | of discretion or policy as the functions of the employer, | 18 | | standards of
services,
its overall budget, the organizational | 19 | | structure and selection of new
employees, examination | 20 | | techniques
and direction of employees. Employers, however, | 21 | | shall be required to bargain
collectively with regard to
policy | 22 | | matters directly affecting wages, hours and terms and | 23 | | conditions of employment
as well as the impact thereon upon | 24 | | request by employee representatives, except as provided in this |
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| 1 | | Section or Section 7.5.
| 2 | | To preserve the rights of employers and exclusive | 3 | | representatives which
have established collective bargaining | 4 | | relationships or negotiated collective
bargaining agreements | 5 | | prior to the effective date of this Act, employers
shall be | 6 | | required to bargain collectively with regard to any matter | 7 | | concerning
wages, hours or conditions of employment about which | 8 | | they have bargained
for and agreed to in a collective | 9 | | bargaining agreement
prior to the effective date of this Act, | 10 | | except as provided in this Section or Section 7.5.
| 11 | | The chief judge of the judicial circuit that employs a | 12 | | public employee who
is
a court reporter, as defined in the | 13 | | Court Reporters Act, has the authority to
hire, appoint, | 14 | | promote, evaluate, discipline, and discharge court reporters
| 15 | | within that judicial circuit.
| 16 | | Nothing in this amendatory Act of the 94th General Assembly | 17 | | shall
be construed to intrude upon the judicial functions of | 18 | | any court. This
amendatory Act of the 94th General Assembly | 19 | | applies only to nonjudicial
administrative matters relating to | 20 | | the collective bargaining rights of court
reporters.
| 21 | | (b) In any unit of local government or school district to | 22 | | which this subsection applies, as provided in Section 4.5 of | 23 | | this Act, public employees or a labor organization may not | 24 | | bargain collectively on: | 25 | | (1) the decision of the employer to contract with a | 26 | | third party for any services, the process for bidding on |
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| 1 | | such a contract, the identity of the provider of such | 2 | | services, or the effect of any such contract on bargaining | 3 | | unit members, provided that this subsection does not limit | 4 | | the ability of employees or a labor organization to bid on | 5 | | any such contract; | 6 | | (2) any pay increase, either through changes to the pay | 7 | | schedule or as a result of accumulated years of service, in | 8 | | excess of the amount specified by ordinance or resolution | 9 | | of the governing authority of the public employer; | 10 | | (3) the provision of any health insurance, including | 11 | | the payment of premiums, the extent of coverage, or the | 12 | | identity of the insurer; | 13 | | (4) the use of employee time for business of the labor | 14 | | organization, other than reasonable time provided to an | 15 | | employee to attend a grievance hearing when his or her | 16 | | rights are substantially affected by the hearing or his or | 17 | | her testimony is needed for the determination of any | 18 | | substantial factual question; | 19 | | (5) required levels of staffing for departments, | 20 | | divisions, shifts, stations, or assignments; or | 21 | | (6) procedures, processes, forms, and criteria for | 22 | | personnel evaluations, or the use of evaluations or | 23 | | seniority in assignments, promotions, layoffs, and | 24 | | reductions-in-force. | 25 | | (c) Any agreement, understanding, or practice, whether | 26 | | written or oral, and whether express or implied, between any |
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| 1 | | labor organization and any public employer made in violation of | 2 | | this Section is hereby declared to be unlawful, null and void, | 3 | | and of no legal effect. | 4 | | (Source: P.A. 98-599, eff. 6-1-14 .)
| 5 | | (5 ILCS 315/4.5 new) | 6 | | Sec. 4.5. Adoption of limitations on subjects of collective | 7 | | bargaining. | 8 | | (a) The county board or board of county commissioners of a | 9 | | county may by ordinance elect to apply the limitations under | 10 | | subsection (b) of Section 4 to bargaining with that county and | 11 | | with any other public employer whose boundaries are entirely | 12 | | within that county. | 13 | | (b) The corporate authorities of a municipality may by | 14 | | ordinance elect to apply the limitations under subsection (b) | 15 | | of Section 4 to bargaining with that municipality and with any | 16 | | other public employer whose boundaries are entirely within that | 17 | | municipality. | 18 | | (c) The governing authority of a unit of local government | 19 | | or school district, including a county or municipality, may by | 20 | | ordinance or resolution elect to apply the limitations under | 21 | | subsection (b) of Section 4 to bargaining with that unit of | 22 | | local government or school district. | 23 | | (d) If a petition, signed by a number of registered voters | 24 | | equal in number to at least 5% of the total number of | 25 | | registered voters in a county or municipality, asking to apply |
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| 1 | | the limitations under subsection (b) of Section 4 to collective | 2 | | bargaining in that county or municipality is presented to the | 3 | | clerk of that county or municipality, the clerk shall certify | 4 | | the question of whether to apply such limitations in that | 5 | | county or municipality to the proper election authority, who | 6 | | shall submit the question at the next election in accordance | 7 | | with the general election law. | 8 | | The question of whether to apply the limitations under | 9 | | subsection (b) of Section 4 shall be presented in substantially | 10 | | the following form: | 11 | | Shall each unit of local government and school district | 12 | | located within (legal name of the county or municipality) | 13 | | be free to determine certain matters without negotiating | 14 | | with employee unions, such as the use of service providers, | 15 | | the decision to provide health benefits, caps on total | 16 | | payroll, employees' use of government time for union | 17 | | matters, required staffing levels, evaluation procedures, | 18 | | and, in the case of schools, curriculum? | 19 | | The votes must be recorded as "Yes" or "No". If a majority | 20 | | of voters voting on the question are in favor of applying such | 21 | | limitations, subsection (b) of Section 4 shall apply to | 22 | | bargaining with that county or municipality and with any other | 23 | | public employer whose boundaries are entirely within that | 24 | | county or municipality. | 25 | | (e) If a petition, signed by a number of registered voters | 26 | | equal in number to at least 5% of the total number of |
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| 1 | | registered voters in a unit of local government or school | 2 | | district, asking to apply the limitations under subsection (b) | 3 | | of Section 4 to collective bargaining with that unit of local | 4 | | government or school district is presented to the clerk of that | 5 | | unit of local government or school district, the clerk shall | 6 | | certify the question of whether to apply such limitations to | 7 | | that unit of local government or school district to the proper | 8 | | election authority, who shall submit the question at the next | 9 | | election in accordance with the general election law. | 10 | | The question of whether to apply the limitations under | 11 | | subsection (b) of Section 4 shall be presented in substantially | 12 | | the following form: | 13 | | Shall (the legal name of the unit of local government | 14 | | or school district) be free to determine certain matters | 15 | | without negotiating with employee unions, such as the use | 16 | | of service providers, the decision to provide health | 17 | | benefits, caps on total payroll, employees' use of | 18 | | government time for union matters, required staffing | 19 | | levels, evaluation procedures, and, in the case of schools, | 20 | | curriculum? | 21 | | The votes must be recorded as "Yes" or "No". If a majority | 22 | | of voters voting on the question are in favor of applying such | 23 | | limitations, subsection (b) of Section 4 shall apply to | 24 | | bargaining with that unit of local government or school | 25 | | district. |
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| 1 | | Section 10. The Local Government Energy Conservation Act is | 2 | | amended by changing Section 3 as follows: | 3 | | (50 ILCS 515/3)
| 4 | | Sec. 3. Applicable laws. Other State laws and related | 5 | | administrative requirements apply to this Act, including, but | 6 | | not limited to, the following laws and related administrative | 7 | | requirements: the Illinois Human Rights Act, the Prevailing | 8 | | Wage Act, the Public Construction Bond Act, the Public Works | 9 | | Preference Act (repealed on June 16, 2010 by Public Act | 10 | | 96-929), the Employment of Illinois Workers on Public Works | 11 | | Act, the Freedom of Information Act, the Open Meetings Act, the | 12 | | Illinois Architecture Practice Act of 1989, the Professional | 13 | | Engineering Practice Act of 1989, the Structural Engineering | 14 | | Practice Act of 1989, the Local Government Professional | 15 | | Services Selection Act, and the Contractor Unified License and | 16 | | Permit Bond Act.
| 17 | | (Source: P.A. 97-333, eff. 8-12-11.) | 18 | | Section 15. The Local Government Facility Lease Act is | 19 | | amended by changing Section 35 as follows: | 20 | | (50 ILCS 615/35)
| 21 | | Sec. 35. Wage requirements. In order to protect the wages, | 22 | | working conditions, and job opportunities of employees | 23 | | employed by the lessee of leased facility property used for |
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| 1 | | airport purposes to perform work on the site of the leased | 2 | | premises previously performed by employees of the lessor on the | 3 | | site of the leased premises and who were in recognized | 4 | | bargaining units at the time of the lease, the lessee, and any | 5 | | subcontractor retained by the lessee to perform such work on | 6 | | the site of the leased premises, shall be required to pay to | 7 | | those employees an amount not less than the economic equivalent | 8 | | of the standard of wages and benefits enjoyed by the lessor's | 9 | | employees who previously performed that work. The lessor shall | 10 | | certify to the lessee the amount of wages and benefits (or | 11 | | their equivalent) as of the time of the lease, and any changes | 12 | | to those amounts as they may occur during the term of the | 13 | | lease. All projects at the leased facility property used for | 14 | | airport purposes shall be considered public works for purposes | 15 | | of the Prevailing Wage Act.
| 16 | | (Source: P.A. 94-750, eff. 5-9-06.) | 17 | | Section 20. The Counties Code is amended by changing | 18 | | Section 5-1134 as follows: | 19 | | (55 ILCS 5/5-1134) | 20 | | Sec. 5-1134. Project labor agreements. | 21 | | (a) Any sports, arts, or entertainment facilities that | 22 | | receive revenue from a tax imposed under subsection (b) of | 23 | | Section 5-1030 of this Code shall be considered to be public | 24 | | works within the meaning of the Prevailing Wage Act. The county |
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| 1 | | authorities responsible for the construction, renovation, | 2 | | modification, or alteration of the sports, arts, or | 3 | | entertainment facilities shall enter into project labor | 4 | | agreements with labor organizations as defined in the National | 5 | | Labor Relations Act to assure that no labor dispute interrupts | 6 | | or interferes with the construction, renovation, modification, | 7 | | or alteration of the projects. | 8 | | (b) The project labor agreements must include the | 9 | | following: | 10 | | (1) provisions establishing the minimum hourly wage | 11 | | for each class of labor organization employees; | 12 | | (2) provisions establishing the benefits and other | 13 | | compensation for such class of labor organization; and | 14 | | (3) provisions establishing that no strike or disputes | 15 | | will be engaged in by the labor organization employees. | 16 | | The county, taxing bodies, municipalities, and the labor | 17 | | organizations shall have the authority to include other terms | 18 | | and conditions as they deem necessary. | 19 | | (c) The project labor agreement shall be filed with the | 20 | | Director of the Illinois Department of Labor in accordance with | 21 | | procedures established by the Department. At a minimum, the | 22 | | project labor agreement must provide the names, addresses, and | 23 | | occupations of the owner of the facilities and the individuals | 24 | | representing the labor organization employees participating in | 25 | | the project labor agreement. The agreement must also specify | 26 | | the terms and conditions required in subsection (b) of this |
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| 1 | | Section. | 2 | | (d) In any agreement for the construction or rehabilitation | 3 | | of a facility using revenue generated under subsection (b) of | 4 | | Section 5-1030 of this Code, in connection with the | 5 | | prequalification of general contractors for construction or | 6 | | rehabilitation of the facility, it shall be required that a | 7 | | commitment will be submitted detailing how the general | 8 | | contractor will expend 15% or more of the aggregate dollar | 9 | | value of the project as a whole with one or more minority-owned | 10 | | businesses, female-owned businesses, or businesses owned by a | 11 | | person with a disability, as these terms are defined in Section | 12 | | 2 of the Business Enterprise for Minorities, Females, and | 13 | | Persons with Disabilities Act.
| 14 | | (Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.) | 15 | | (60 ILCS 1/100-20 rep.) | 16 | | Section 25. The Township Code is amended by repealing | 17 | | Section 100-20. | 18 | | Section 30. The School Code is amended by changing Section | 19 | | 19b-15 as follows: | 20 | | (105 ILCS 5/19b-15) | 21 | | Sec. 19b-15. Applicable laws. Other State laws and related | 22 | | administrative requirements apply to this Article, including, | 23 | | but not limited to, the following laws and related |
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| 1 | | administrative requirements: the Illinois Human Rights Act, | 2 | | the Prevailing Wage Act, the Public Construction Bond Act, the | 3 | | Public Works Preference Act (repealed on June 16, 2010 by | 4 | | Public Act 96-929), the Employment of Illinois Workers on | 5 | | Public Works Act, the Freedom of Information Act, the Open | 6 | | Meetings Act, the Illinois Architecture Practice Act of 1989, | 7 | | the Professional Engineering Practice Act of 1989, the | 8 | | Structural Engineering Practice Act of 1989, the Local | 9 | | Government Professional Services Selection Act, and the | 10 | | Contractor Unified License and Permit Bond Act.
| 11 | | (Source: P.A. 97-333, eff. 8-12-11.) | 12 | | Section 35. The Public Community College Act is amended by | 13 | | changing Section 1-3 as follows: | 14 | | (110 ILCS 805/1-3)
| 15 | | Sec. 1-3. Applicable laws. Other State laws and related | 16 | | administrative requirements apply to this Act, including, but | 17 | | not limited to, the following laws and related administrative | 18 | | requirements: the Illinois Human Rights Act, the Prevailing | 19 | | Wage Act, the Public Construction Bond Act, the Employment of | 20 | | Illinois Workers on Public Works Act, the Freedom of | 21 | | Information Act, the Open Meetings Act, the Illinois | 22 | | Architecture Practice Act of 1989, the Professional | 23 | | Engineering Practice Act of 1989, the Structural Engineering | 24 | | Practice Act of 1989, the Local Government Professional |
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| 1 | | Services Selection Act, and the Contractor Unified License and | 2 | | Permit Bond Act. The provisions of the Procurement of Domestic | 3 | | Products Act shall apply to this Act to the extent practicable, | 4 | | provided that the Procurement of Domestic Products Act must not | 5 | | be applied to this Act in a manner that is inconsistent with | 6 | | the requirements of this Act.
| 7 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.) | 8 | | Section 40. The Illinois Educational Labor Relations Act is | 9 | | amended by changing Sections 4.5 and 7 and by adding Section | 10 | | 4.7 as follows:
| 11 | | (115 ILCS 5/4.5)
| 12 | | Sec. 4.5. Subjects of collective bargaining.
| 13 | | (a) Notwithstanding the existence of any other provision in | 14 | | this Act or
other law, collective bargaining between an | 15 | | educational employer whose
territorial boundaries are | 16 | | coterminous with those of a city having a population
in
excess | 17 | | of 500,000 and an exclusive representative of its employees may
| 18 | | include any of the following
subjects:
| 19 | | (1) (Blank).
| 20 | | (2) Decisions to contract with a third party for one or | 21 | | more services
otherwise performed by employees in a | 22 | | bargaining unit and the
procedures for
obtaining such | 23 | | contract or the identity of the third party , except as | 24 | | provided in subsection (d) .
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| 1 | | (3) Decisions to layoff or reduce in force employees , | 2 | | except as provided in subsection (d) with respect to a | 3 | | layoff or reduction in force resulting from a service | 4 | | contract .
| 5 | | (4) Decisions to determine class size, class staffing | 6 | | and assignment,
class
schedules, academic calendar, length | 7 | | of the work and school day with respect to a public school | 8 | | district organized under Article 34 of the School Code | 9 | | only, length of the work and school year with respect to a | 10 | | public school district organized under Article 34 of the | 11 | | School Code only, hours and places of instruction, or pupil
| 12 | | assessment policies.
| 13 | | (5) Decisions concerning use and staffing of | 14 | | experimental or pilot
programs and
decisions concerning | 15 | | use of technology to deliver educational programs and
| 16 | | services and staffing to provide the technology.
| 17 | | (b) The subject or matters described in subsection (a) are | 18 | | permissive
subjects of bargaining between an educational | 19 | | employer and an exclusive
representative of its employees and, | 20 | | for the purpose of this Act, are within
the sole
discretion of | 21 | | the educational employer to decide
to bargain, provided that | 22 | | the educational employer is required to bargain
over the impact | 23 | | of a decision concerning such subject or matter on the
| 24 | | bargaining unit upon request by the exclusive representative. | 25 | | During
this bargaining, the educational employer shall not be | 26 | | precluded from
implementing its decision. If, after a |
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| 1 | | reasonable period of bargaining, a
dispute or impasse exists | 2 | | between the educational employer and the
exclusive | 3 | | representative, the dispute or impasse shall be resolved | 4 | | exclusively
as set
forth in subsection (b) of Section 12 of | 5 | | this Act in lieu of a strike under
Section 13 of this Act. | 6 | | Neither the Board nor any mediator or fact-finder appointed | 7 | | pursuant to subsection (a-10) of Section 12 of this Act shall | 8 | | have jurisdiction over such a dispute or impasse.
| 9 | | (c) A provision in a collective bargaining agreement that | 10 | | was rendered
null
and void
because it involved a
prohibited | 11 | | subject of collective bargaining
under this subsection (c) as | 12 | | this subsection (c) existed before the effective
date of
this | 13 | | amendatory Act of the 93rd General Assembly
remains null and | 14 | | void and
shall not otherwise be reinstated in any successor | 15 | | agreement unless the
educational employer and exclusive | 16 | | representative otherwise agree to
include an agreement reached | 17 | | on a subject or matter described in
subsection (a) of this | 18 | | Section as subsection (a) existed before this amendatory
Act of
| 19 | | the 93rd General Assembly.
| 20 | | (d) In any public school district to which this subsection | 21 | | applies, as provided in Section 4.7, public employees or a | 22 | | labor organization may not bargain collectively on: | 23 | | (1) the decision of the educational employer to | 24 | | contract with a third party for any services, the process | 25 | | for bidding on such a contract, the identity of the | 26 | | provider of such services, or the effect of any such |
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| 1 | | contract on bargaining unit members, provided that this | 2 | | subsection does not limit the ability of educational | 3 | | employees or a labor organization to bid on any such | 4 | | contract; | 5 | | (2) any pay increase, either through changes to the pay | 6 | | schedule or as a result of accumulated years of service, in | 7 | | excess of the amount specified by resolution of the | 8 | | governing body of the public school district; | 9 | | (3) the provision of any health insurance, including | 10 | | the payment of premiums, the extent of coverage, or the | 11 | | identity of the insurer; | 12 | | (4) the use of educational employee time for business | 13 | | of the labor organization, other than reasonable time | 14 | | provided to an educational employee to attend a grievance | 15 | | hearing when his or her rights are substantially affected | 16 | | by the hearing or his or her testimony is needed for the | 17 | | determination of any substantial factual question; | 18 | | (5) required levels of staffing for departments, | 19 | | divisions, shifts, stations, or assignments; | 20 | | (6) procedures, processes, forms, and criteria for | 21 | | personnel evaluations, or the use of evaluations or | 22 | | seniority in assignments, promotions, layoffs, and | 23 | | reductions-in-force; or | 24 | | (7) curriculum or standards of student academic | 25 | | performance, conduct, and discipline in school. | 26 | | (e) If subsection (b) of Section 4 of the Illinois Public |
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| 1 | | Labor Relations Act applies to a public school district, | 2 | | educational employees or a labor organization may not bargain | 3 | | collectively on the matters described in that subsection or on | 4 | | the matters described in paragraph (7) of subsection (d) of | 5 | | this Section. | 6 | | (f) Any agreement, understanding, or practice, whether | 7 | | written or oral, and whether express or implied, between any | 8 | | labor organization and any educational employer made in | 9 | | violation of this Section is hereby declared to be unlawful, | 10 | | null and void, and of no legal effect. | 11 | | (Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
| 12 | | (115 ILCS 5/4.7 new) | 13 | | Sec. 4.7. Adoption of limitations on subjects of collective | 14 | | bargaining. | 15 | | (a) The governing body of a public school district may by | 16 | | resolution prohibit elect to apply the limitations under | 17 | | subsection (d) of Section 4.5 to bargaining with that public | 18 | | school district. | 19 | | (b) If a petition, signed by a number of registered voters | 20 | | equal in number to at least 5% of the total number of | 21 | | registered voters in a public school district, asking to apply | 22 | | the limitations under subsection (d) of Section 4.5 to that | 23 | | public school district is presented to the clerk of that public | 24 | | school district, the clerk shall certify the question of | 25 | | whether to apply such limitations to that public school |
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| 1 | | district to the proper election authority, who shall submit the | 2 | | question at the next election in accordance with the general | 3 | | election law. | 4 | | The question of whether to apply the limitations under | 5 | | subsection (d) of Section 4.5 shall be presented in | 6 | | substantially the following form: | 7 | | Shall (the legal name of the public school district) be | 8 | | free to determine certain matters without negotiating with | 9 | | employee unions, such as the use of service providers, the | 10 | | decision to provide health benefits, caps on total payroll, | 11 | | employees' use of government time for union matters, | 12 | | required staffing levels, evaluation procedures, and | 13 | | curriculum? | 14 | | The votes must be recorded as "Yes" or "No". If a majority | 15 | | of voters voting on the question are in favor of applying such | 16 | | limitations, subsection (d) of Section 4.5 shall apply to | 17 | | bargaining with that public school district.
| 18 | | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| 19 | | Sec. 7. Recognition of exclusive bargaining | 20 | | representatives - unit
determination. The Board is empowered | 21 | | to administer the
recognition of bargaining representatives of | 22 | | employees of public school
districts, including employees of | 23 | | districts which have entered into joint
agreements, or | 24 | | employees of public community college districts, or any
State | 25 | | college or university, and any State agency whose major |
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| 1 | | function is
providing educational services, making certain | 2 | | that each bargaining unit
contains employees with an | 3 | | identifiable community of interest and that no unit
includes | 4 | | both professional employees and nonprofessional employees | 5 | | unless a
majority of employees in each group vote for inclusion | 6 | | in the unit.
| 7 | | (a) In determining the appropriateness of a unit, the Board
| 8 | | shall decide in each case, in order to ensure employees the | 9 | | fullest freedom
in exercising the rights guaranteed by this | 10 | | Act, the unit appropriate for
the purpose of collective | 11 | | bargaining, based upon but not limited to such
factors as | 12 | | historical pattern of recognition, community of interest, | 13 | | including
employee skills and functions, degree of functional | 14 | | integration,
interchangeability and contact among employees, | 15 | | common supervision, wages,
hours and other working conditions | 16 | | of the employees involved, and the desires
of the employees. | 17 | | Nothing in this Act, except as herein provided, shall
interfere | 18 | | with or negate the
current representation rights or patterns | 19 | | and practices of employee
organizations which have | 20 | | historically represented employees for the purposes of
| 21 | | collective bargaining, including but not limited to the | 22 | | negotiations of wages,
hours and working conditions, | 23 | | resolutions of employees' grievances, or
resolution of | 24 | | jurisdictional disputes, or the establishment and maintenance | 25 | | of
prevailing wage rates, unless a majority of the employees so | 26 | | represented
expresses a contrary desire under the procedures |
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| 1 | | set forth in this Act. This
Section, however, does not prohibit | 2 | | multi-unit bargaining. Notwithstanding the
above factors, | 3 | | where the majority of public employees of a craft so decide, | 4 | | the
Board shall designate such craft as a unit appropriate for | 5 | | the purposes of
collective bargaining.
| 6 | | The sole appropriate bargaining unit for tenured and | 7 | | tenure-track
academic faculty at
each campus
of
the
University | 8 | | of Illinois shall be a unit that is comprised of
| 9 | | non-supervisory academic faculty employed more than half-time | 10 | | and
that includes all tenured and tenure-track
faculty
of that | 11 | | University campus employed by the board of trustees in all of | 12 | | the campus's undergraduate, graduate, and
professional
schools | 13 | | and degree and non-degree programs
(with the exception of the | 14 | | college of medicine, the college of pharmacy,
the college of | 15 | | dentistry, the college of law, and the college of veterinary
| 16 | | medicine, each of which shall have its own separate unit), | 17 | | regardless of
current
or
historical representation rights or | 18 | | patterns or the application of any
other factors. Any decision, | 19 | | rule, or regulation promulgated by the
Board to the contrary | 20 | | shall be null and void.
| 21 | | (b) An educational employer shall voluntarily recognize a | 22 | | labor organization
for collective bargaining purposes if that | 23 | | organization appears to represent
a majority of employees in | 24 | | the unit. The employer shall post notice
of its intent to so | 25 | | recognize for a period of at least 20 school days on
bulletin | 26 | | boards or other places used or reserved for employee notices.
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| 1 | | Thereafter, the employer, if satisfied as to the majority | 2 | | status of the
employee organization, shall send written | 3 | | notification of such recognition
to the Board for | 4 | | certification.
Any dispute regarding the majority status of
a | 5 | | labor organization shall be
resolved by the Board which shall | 6 | | make the determination of majority
status.
| 7 | | Within the 20 day notice period, however, any other | 8 | | interested employee
organization may petition the Board to seek | 9 | | recognition as the exclusive
representative of the unit in the | 10 | | manner specified by rules and regulations
prescribed by the | 11 | | Board, if such interested employee organization has been
| 12 | | designated by at least 15% of the employees in an appropriate | 13 | | bargaining unit
which includes all or some of the employees in | 14 | | the unit intended to be
recognized by the employer. In such | 15 | | event, the Board shall proceed with the
petition in the same | 16 | | manner as provided in paragraph (c) of this Section.
| 17 | | (c) A labor organization may also gain recognition as the | 18 | | exclusive
representative by an election of the employees in the | 19 | | unit. Petitions
requesting an election may be filed with the | 20 | | Board:
| 21 | | (1) by an employee or group of employees or any labor | 22 | | organizations acting
on their behalf alleging and | 23 | | presenting evidence that 30% or more of the
employees in a | 24 | | bargaining unit wish to be represented for collective | 25 | | bargaining
or that the labor organization which has been | 26 | | acting as the exclusive
bargaining representative is no |
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| 1 | | longer representative of a majority of the
employees in the | 2 | | unit; or
| 3 | | (2) by an employer alleging that one or more labor | 4 | | organizations have
presented a claim to be recognized as an | 5 | | exclusive bargaining representative
of a majority of the | 6 | | employees in an appropriate unit and that it doubts
the | 7 | | majority status of any of the organizations or that it | 8 | | doubts the majority
status of an exclusive bargaining | 9 | | representative.
| 10 | | The Board shall investigate the petition and if it has | 11 | | reasonable cause to
suspect that a question of representation | 12 | | exists, it shall give notice and
conduct a hearing. If it finds | 13 | | upon the record of the hearing that a question
of | 14 | | representation exists, it shall direct an election, which shall | 15 | | be held no
later than 90 days after the date the petition was | 16 | | filed. Nothing prohibits
the waiving of hearings by the parties | 17 | | and the conduct of consent elections.
| 18 | | (c-5) The Board shall designate an exclusive | 19 | | representative for purposes
of
collective bargaining when the | 20 | | representative demonstrates a showing of
majority interest by | 21 | | employees in the unit. If the parties to a dispute are
without
| 22 | | agreement on the means to ascertain the choice, if any, of | 23 | | employee
organization as their representative, the Board shall | 24 | | ascertain the employees'
choice of
employee organization, on | 25 | | the basis of dues deduction authorization or other
evidence, | 26 | | or, if necessary, by conducting an election. All evidence |
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| 1 | | submitted by an employee organization to the Board to ascertain | 2 | | an employee's choice of an employee organization is | 3 | | confidential and shall not be submitted to the employer for | 4 | | review. The Board shall ascertain the employee's choice of | 5 | | employee organization within 120 days after the filing of the | 6 | | majority interest petition; however, the Board may extend time | 7 | | by an additional 60 days, upon its own motion or upon the | 8 | | motion of a party to the proceeding. If either party provides
| 9 | | to the Board, before the designation of a representative, clear | 10 | | and convincing
evidence that the dues deduction | 11 | | authorizations, and other evidence upon which
the Board would | 12 | | otherwise rely to ascertain the employees' choice of
| 13 | | representative, are fraudulent or were obtained through | 14 | | coercion, the Board
shall promptly thereafter conduct an | 15 | | election. The Board shall also investigate
and consider a | 16 | | party's allegations that the dues deduction authorizations and
| 17 | | other evidence submitted in support of a designation of | 18 | | representative without
an election were subsequently changed, | 19 | | altered, withdrawn, or withheld as a
result of employer fraud, | 20 | | coercion, or any other unfair labor practice by the
employer. | 21 | | If the Board determines that a labor organization would have | 22 | | had a
majority interest but for an employer's fraud, coercion, | 23 | | or unfair labor
practice, it shall designate the labor | 24 | | organization as an exclusive
representative without conducting | 25 | | an election. If a hearing is necessary to resolve any issues of | 26 | | representation under this Section, the Board shall conclude its |
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| 1 | | hearing process and issue a certification of the entire | 2 | | appropriate unit not later than 120 days after the date the | 3 | | petition was filed. The 120-day period may be extended one or | 4 | | more times by the agreement of all parties to a hearing to a | 5 | | date certain.
| 6 | | (c-6) A labor organization or an employer may file a unit | 7 | | clarification petition seeking to clarify an existing | 8 | | bargaining unit. The Board shall conclude its investigation, | 9 | | including any hearing process deemed necessary, and issue a | 10 | | certification of clarified unit or dismiss the petition not | 11 | | later than 120 days after the date the petition was filed. The | 12 | | 120-day period may be extended one or more times by the | 13 | | agreement of all parties to a hearing to a date certain. | 14 | | (d) An order of the Board dismissing a representation | 15 | | petition, determining
and certifying that a labor organization | 16 | | has been fairly and freely chosen by a
majority of employees in | 17 | | an appropriate bargaining unit, determining and
certifying | 18 | | that a labor organization has not been fairly and freely chosen | 19 | | by a
majority of employees in the bargaining unit or certifying | 20 | | a labor organization
as the exclusive representative of | 21 | | employees in an appropriate bargaining unit
because of a | 22 | | determination by the Board that the labor organization is the
| 23 | | historical bargaining representative of employees in the | 24 | | bargaining unit,
is a final order. Any person aggrieved by any | 25 | | such order issued on or after
the effective date of this | 26 | | amendatory Act of 1987 may apply for and obtain
judicial review |
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| 1 | | in accordance with provisions of the Administrative Review Law,
| 2 | | as now or hereafter amended, except that such review shall be | 3 | | afforded directly
in the Appellate Court of a judicial district | 4 | | in which the Board maintains an
office. Any direct appeal to | 5 | | the Appellate Court shall be filed within 35 days
from the date | 6 | | that a copy of the decision sought to be reviewed was served | 7 | | upon
the party affected by the decision.
| 8 | | No election may be conducted in any bargaining unit during | 9 | | the term of
a collective bargaining agreement covering such | 10 | | unit or subdivision thereof,
except the Board may direct an | 11 | | election after the filing
of a petition between January 15 and | 12 | | March 1 of the final year of a collective
bargaining agreement. | 13 | | Nothing in this Section prohibits the negotiation
of a | 14 | | collective bargaining agreement covering a period not | 15 | | exceeding 3 years.
A collective bargaining agreement of less | 16 | | than 3 years may be extended up
to 3 years by the parties if the | 17 | | extension is agreed to in writing before
the filing of a | 18 | | petition under this Section. In such case, the final year
of | 19 | | the extension is the final year of the collective bargaining | 20 | | agreement.
No election may be conducted in a bargaining unit, | 21 | | or subdivision thereof,
in which a valid election has been held | 22 | | within the preceding 12 month period.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 24 | | Section 45. The Prevailing Wage Act is amended by changing | 25 | | Section 2 as follows:
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| 1 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 2 | | Sec. 2. This Act applies to the wages of laborers, | 3 | | mechanics and
other workers employed in any public works, as | 4 | | hereinafter defined, by
any public body and to anyone under | 5 | | contracts for public works. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | As used in this Act, unless the context indicates | 9 | | otherwise:
| 10 | | "Public works" means all fixed works constructed or | 11 | | demolished by
any public body,
or paid for wholly or in part | 12 | | out of public funds. "Public works" as
defined herein includes | 13 | | all projects financed in whole
or in part with bonds, grants, | 14 | | loans, or other funds made available by or through the State or | 15 | | any of its political subdivisions, including but not limited | 16 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 17 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 18 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 19 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 20 | | the Build Illinois Bond Act; loans or other funds made
| 21 | | available pursuant to the Build Illinois Act; loans or other | 22 | | funds made available pursuant to the Riverfront Development | 23 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 24 | | Act; or funds from the Fund for
Illinois' Future under Section | 25 | | 6z-47 of the State Finance Act, funds for school
construction |
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| 1 | | under Section 5 of the General Obligation Bond Act, funds
| 2 | | authorized under Section 3 of the School Construction Bond Act, | 3 | | funds for
school infrastructure under Section 6z-45 of the | 4 | | State Finance Act, and funds
for transportation purposes under | 5 | | Section 4 of the General Obligation Bond
Act. "Public works" | 6 | | also includes (i) all projects financed in whole or in part
| 7 | | with funds from the Department of Commerce and Economic | 8 | | Opportunity under the Illinois Renewable Fuels Development | 9 | | Program
Act for which there is no project labor agreement; (ii) | 10 | | all work performed pursuant to a public private agreement under | 11 | | the Public Private Agreements for the Illiana Expressway Act or | 12 | | the Public-Private Agreements for the South Suburban Airport | 13 | | Act; and (iii) all projects undertaken under a public-private | 14 | | agreement under the Public-Private Partnerships for | 15 | | Transportation Act. "Public works" also includes all projects | 16 | | at leased facility property used for airport purposes under | 17 | | Section 35 of the Local Government Facility Lease Act. "Public | 18 | | works" also includes the construction of a new wind power | 19 | | facility by a business designated as a High Impact Business | 20 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| 21 | | "Public works" does not include work done directly by any | 22 | | public utility company, whether or not done under public | 23 | | supervision or direction, or paid for wholly or in part out of | 24 | | public funds. "Public works" also includes any corrective | 25 | | action performed pursuant to Title XVI of the Environmental | 26 | | Protection Act for which payment from the Underground Storage |
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| 1 | | Tank Fund is requested. "Public works" does not include | 2 | | projects undertaken by the owner at an owner-occupied | 3 | | single-family residence or at an owner-occupied unit of a | 4 | | multi-family residence. "Public works" does not include work | 5 | | performed for soil and water conservation purposes on | 6 | | agricultural lands, whether or not done under public | 7 | | supervision or paid for wholly or in part out of public funds, | 8 | | done directly by an owner or person who has legal control of | 9 | | those lands.
| 10 | | "Public works" does not include work done or projects | 11 | | performed by or on behalf of a unit of local government or | 12 | | school district whether or not done under public supervision or | 13 | | paid for wholly or in part with public funds and whether or not | 14 | | owned by a unit of local government or a school district. | 15 | | "Construction" means all work on public works involving | 16 | | laborers,
workers or mechanics. This includes any maintenance, | 17 | | repair, assembly, or disassembly work performed on equipment | 18 | | whether owned, leased, or rented.
| 19 | | "Locality" means the county where the physical work upon | 20 | | public works
is performed, except (1) that if there is not | 21 | | available in the county a
sufficient number of competent | 22 | | skilled laborers, workers and mechanics
to construct the public | 23 | | works efficiently and properly, "locality"
includes any other | 24 | | county nearest the one in which the work or
construction is to | 25 | | be performed and from which such persons may be
obtained in | 26 | | sufficient numbers to perform the work and (2) that, with
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| 1 | | respect to contracts for highway work with the Department of
| 2 | | Transportation of this State, "locality" may at the discretion | 3 | | of the
Secretary of the Department of Transportation be | 4 | | construed to include
two or more adjacent counties from which | 5 | | workers may be accessible for
work on such construction.
| 6 | | "Public body" means the State or any officer, board or | 7 | | commission of
the State or any political subdivision or | 8 | | department thereof, or any
institution supported in whole or in | 9 | | part by public funds ; "public body" does not, however, include | 10 | | a unit of local government or a school district ,
and includes | 11 | | every county, city, town,
village, township, school district, | 12 | | irrigation, utility, reclamation
improvement or other district | 13 | | and every other political subdivision,
district or | 14 | | municipality of the state whether such political
subdivision, | 15 | | municipality or district operates under a special charter
or | 16 | | not .
| 17 | | The terms "general prevailing rate of hourly wages", | 18 | | "general
prevailing rate of wages" or "prevailing rate of | 19 | | wages" when used in
this Act mean the hourly cash wages plus | 20 | | annualized fringe benefits for training and
apprenticeship | 21 | | programs approved by the U.S. Department of Labor, Bureau of
| 22 | | Apprenticeship and Training, health and welfare, insurance, | 23 | | vacations and
pensions paid generally, in the
locality in which | 24 | | the work is being performed, to employees engaged in
work of a | 25 | | similar character on public works.
| 26 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; |
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| 1 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 2 | | 7-16-14.)".
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