Full Text of HB5089 103rd General Assembly
HB5089ham002 103RD GENERAL ASSEMBLY | Rep. Gregg Johnson Filed: 4/16/2024 | | 10300HB5089ham002 | | LRB103 35983 BDA 72120 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5089
| 2 | | AMENDMENT NO. ______. Amend House Bill 5089 by replacing | 3 | | everything after the enacting clause with the following: | 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) | 7 | | Sec. 3. Definitions. As used in this Act, unless the | 8 | | context otherwise requires: | 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. | 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions of employment, including hours, wages, and | 15 | | other conditions of employment, as detailed in Section 7 and | 16 | | which are not excluded by Section 4. |
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| 1 | | (c) "Confidential employee" means an employee who, in the | 2 | | regular course of his or her duties, assists and acts in a | 3 | | confidential capacity to persons who formulate, determine, and | 4 | | effectuate management policies with regard to labor relations | 5 | | or who, in the regular course of his or her duties, has | 6 | | authorized access to information relating to the effectuation | 7 | | or review of the employer's collective bargaining policies. | 8 | | Determinations of confidential employee status shall be based | 9 | | on actual employee job duties and not solely on written job | 10 | | descriptions. | 11 | | (d) "Craft employees" means skilled journeymen, crafts | 12 | | persons, and their apprentices and helpers. | 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. | 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 Illinois State Police, | 22 | | means the labor organization that has been (i) designated by | 23 | | the Board as the representative of a majority of public | 24 | | employees in an appropriate bargaining unit in accordance with | 25 | | the procedures contained in this Act; (ii) historically | 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 | 5 | | employer upon evidence, acceptable to the Board, that the | 6 | | labor organization has been designated as the exclusive | 7 | | representative by a majority of the employees in an | 8 | | appropriate bargaining unit; (iv) recognized as the exclusive | 9 | | representative of personal assistants under Executive Order | 10 | | 2003-8 prior to July 16, 2003 (the effective date of Public Act | 11 | | 93-204), and the organization shall be considered to be the | 12 | | exclusive representative of the personal assistants as defined | 13 | | in this Section; or (v) recognized as the exclusive | 14 | | representative of child and day care home providers, including | 15 | | licensed and license exempt providers, pursuant to an election | 16 | | held under Executive Order 2005-1 prior to January 1, 2006 | 17 | | (the effective date of Public Act 94-320), and the | 18 | | organization shall be considered to be the exclusive | 19 | | representative of the child and day care home providers as | 20 | | defined in this Section. | 21 | | With respect to non-State fire fighters and paramedics | 22 | | employed by fire departments and fire protection districts, | 23 | | non-State peace officers, and peace officers in the Illinois | 24 | | State Police, "exclusive representative" means the labor | 25 | | organization that has been (i) designated by the Board as the | 26 | | representative of a majority of peace officers or fire |
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| 1 | | fighters in an appropriate bargaining unit in accordance with | 2 | | the procedures contained in this Act, (ii) historically | 3 | | recognized by the State of Illinois or any political | 4 | | subdivision of the State before January 1, 1986 (the effective | 5 | | date of this amendatory Act of 1985) as the exclusive | 6 | | representative by a majority of the peace officers or fire | 7 | | fighters in an appropriate bargaining unit, or (iii) after | 8 | | January 1, 1986 (the effective date of this amendatory Act of | 9 | | 1985) recognized by an employer upon evidence, acceptable to | 10 | | the Board, that the labor organization has been designated as | 11 | | the exclusive representative by a majority of the peace | 12 | | officers or fire fighters in an appropriate bargaining unit. | 13 | | Where a historical pattern of representation exists for | 14 | | the workers of a water system that was owned by a public | 15 | | utility, as defined in Section 3-105 of the Public Utilities | 16 | | Act, prior to becoming certified employees of a municipality | 17 | | or municipalities once the municipality or municipalities have | 18 | | acquired the water system as authorized in Section 11-124-5 of | 19 | | the Illinois Municipal Code, the Board shall find the labor | 20 | | organization that has historically represented the workers to | 21 | | be the exclusive representative under this Act, and shall find | 22 | | the unit represented by the exclusive representative to be the | 23 | | appropriate unit. | 24 | | (g) "Fair share agreement" means an agreement between the | 25 | | employer and an employee organization under which all or any | 26 | | of the employees in a collective bargaining unit are required |
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| 1 | | to pay their proportionate share of the costs of the | 2 | | collective bargaining process, contract administration, and | 3 | | pursuing matters affecting wages, hours, and other conditions | 4 | | of employment, but not to exceed the amount of dues uniformly | 5 | | required of members. The amount certified by the exclusive | 6 | | representative shall not include any fees for contributions | 7 | | related to the election or support of any candidate for | 8 | | political office. Nothing in this subsection (g) shall | 9 | | preclude an employee from making voluntary political | 10 | | contributions in conjunction with his or her fair share | 11 | | payment. | 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, including paramedics | 17 | | employed by a unit of local government, except that the | 18 | | following persons are not included: part-time fire fighters, | 19 | | auxiliary, reserve or voluntary fire fighters, including paid | 20 | | on-call fire fighters, clerks and dispatchers or other | 21 | | civilian employees of a fire department or fire protection | 22 | | district who are not routinely expected to perform fire | 23 | | fighter duties, or elected officials. | 24 | | (g-2) "General Assembly of the State of Illinois" means | 25 | | the legislative branch of the government of the State of | 26 | | Illinois, as provided for under Article IV of the Constitution |
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| 1 | | of the State of Illinois, and includes, but is not limited to, | 2 | | the House of Representatives, the Senate, the Speaker of the | 3 | | House of Representatives, the Minority Leader of the House of | 4 | | Representatives, the President of the Senate, the Minority | 5 | | Leader of the Senate, the Joint Committee on Legislative | 6 | | Support Services, and any legislative support services agency | 7 | | listed in the Legislative Commission Reorganization Act of | 8 | | 1984. | 9 | | (h) "Governing body" means, in the case of the State, the | 10 | | State Panel of the Illinois Labor Relations Board, the | 11 | | Director of the Department of Central Management Services, and | 12 | | the Director of the Department of Labor; the county board in | 13 | | the case of a county; the corporate authorities in the case of | 14 | | a municipality; and the appropriate body authorized to provide | 15 | | for expenditures of its funds in the case of any other unit of | 16 | | government. | 17 | | (i) "Labor organization" means any organization in which | 18 | | public employees participate and that exists for the purpose, | 19 | | in whole or in part, of dealing with a public employer | 20 | | concerning wages, hours, and other terms and conditions of | 21 | | employment, including the settlement of grievances. | 22 | | (i-5) "Legislative liaison" means a person who is an | 23 | | employee of a State agency, the Attorney General, the | 24 | | Secretary of State, the Comptroller, or the Treasurer, as the | 25 | | case may be, and whose job duties require the person to | 26 | | regularly communicate in the course of his or her employment |
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| 1 | | with any official or staff of the General Assembly of the State | 2 | | of Illinois for the purpose of influencing any legislative | 3 | | action. | 4 | | (j) "Managerial employee" means an individual who is | 5 | | engaged predominantly in executive and management functions | 6 | | and is charged with the responsibility of directing the | 7 | | effectuation of management policies and practices. | 8 | | Determination of managerial employee status shall be based on | 9 | | actual employee job duties and not solely on written job | 10 | | descriptions. | 11 | | With respect only to State employees in positions under | 12 | | the jurisdiction of the Attorney General, Secretary of State, | 13 | | Comptroller, or Treasurer (i) that were certified in a | 14 | | bargaining unit on or after December 2, 2008, (ii) for which a | 15 | | petition is filed with the Illinois Public Labor Relations | 16 | | Board on or after April 5, 2013 (the effective date of Public | 17 | | Act 97-1172), or (iii) for which a petition is pending before | 18 | | the Illinois Public Labor Relations Board on that date, | 19 | | "managerial employee" means an individual who is engaged in | 20 | | executive and management functions or who is charged with the | 21 | | effectuation of management policies and practices or who | 22 | | represents management interests by taking or recommending | 23 | | discretionary actions that effectively control or implement | 24 | | policy. | 25 | | Beginning on the effective date of this amendatory Act of | 26 | | the 103rd General Assembly, "managerial employee" includes an |
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| 1 | | individual designated or appointed by a sheriff as the | 2 | | undersheriff or chief deputy to fill a vacancy under Section | 3 | | 3-3010 of the Counties Code or an individual serving as the | 4 | | superintendent of the jail under Section 3 of the County Jail | 5 | | Act unless the sheriff and the relevant union have mutually | 6 | | agreed otherwise or the individual is otherwise recognized | 7 | | under Section 9. | 8 | | Nothing in this definition prohibits an individual from | 9 | | also meeting the definition of "supervisor" under subsection | 10 | | (r) of this Section. | 11 | | (k) "Peace officer" means, for the purposes of this Act | 12 | | only, any persons who have been or are hereafter appointed to a | 13 | | police force, department, or agency and sworn or commissioned | 14 | | to perform police duties, except that the following persons | 15 | | are not included: part-time police officers, special police | 16 | | officers, auxiliary police as defined by Section 3.1-30-20 of | 17 | | the Illinois Municipal Code, night watchmen, "merchant | 18 | | police", court security officers as defined by Section | 19 | | 3-6012.1 of the Counties Code, temporary employees, traffic | 20 | | guards or wardens, civilian parking meter and parking | 21 | | facilities personnel or other individuals specially appointed | 22 | | to aid or direct traffic at or near schools or public functions | 23 | | or to aid in civil defense or disaster, parking enforcement | 24 | | employees who are not commissioned as peace officers and who | 25 | | are not armed and who are not routinely expected to effect | 26 | | arrests, parking lot attendants, clerks and dispatchers or |
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| 1 | | other civilian employees of a police department who are not | 2 | | routinely expected to effect arrests, or elected officials. | 3 | | (l) "Person" includes one or more individuals, labor | 4 | | organizations, public employees, associations, corporations, | 5 | | legal representatives, trustees, trustees in bankruptcy, | 6 | | receivers, or the State of Illinois or any political | 7 | | subdivision of the State or governing body, but does not | 8 | | include the General Assembly of the State of Illinois or any | 9 | | individual employed by the General Assembly of the State of | 10 | | Illinois. | 11 | | (m) "Professional employee" means any employee engaged in | 12 | | work predominantly intellectual and varied in character rather | 13 | | than routine mental, manual, mechanical or physical work; | 14 | | involving the consistent exercise of discretion and adjustment | 15 | | in its performance; of such a character that the output | 16 | | produced or the result accomplished cannot be standardized in | 17 | | relation to a given period of time; and requiring advanced | 18 | | knowledge in a field of science or learning customarily | 19 | | acquired by a prolonged course of specialized intellectual | 20 | | instruction and study in an institution of higher learning or | 21 | | a hospital, as distinguished from a general academic education | 22 | | or from apprenticeship or from training in the performance of | 23 | | routine mental, manual, or physical processes; or any employee | 24 | | who has completed the courses of specialized intellectual | 25 | | instruction and study prescribed in this subsection (m) and is | 26 | | performing related work under the supervision of a |
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| 1 | | professional person to qualify to become a professional | 2 | | employee as defined in this subsection (m). | 3 | | (n) "Public employee" or "employee", for the purposes of | 4 | | this Act, means any individual employed by a public employer, | 5 | | including (i) interns and residents at public hospitals, (ii) | 6 | | as of July 16, 2003 (the effective date of Public Act 93-204), | 7 | | but not before, personal assistants working under the Home | 8 | | Services Program under Section 3 of the Rehabilitation of | 9 | | Persons with Disabilities Act, subject to the limitations set | 10 | | forth in this Act and in the Rehabilitation of Persons with | 11 | | Disabilities Act, (iii) as of January 1, 2006 (the effective | 12 | | date of Public Act 94-320), but not before, child and day care | 13 | | home providers participating in the child care assistance | 14 | | program under Section 9A-11 of the Illinois Public Aid Code, | 15 | | subject to the limitations set forth in this Act and in Section | 16 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | 17 | | 2013 (the effective date of Public Act 97-1158), but not | 18 | | before except as otherwise provided in this subsection (n), | 19 | | home care and home health workers who function as personal | 20 | | assistants and individual maintenance home health workers and | 21 | | who also work under the Home Services Program under Section 3 | 22 | | of the Rehabilitation of Persons with Disabilities Act, no | 23 | | matter whether the State provides those services through | 24 | | direct fee-for-service arrangements, with the assistance of a | 25 | | managed care organization or other intermediary, or otherwise, | 26 | | (v) beginning on July 19, 2013 (the effective date of Public |
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| 1 | | Act 98-100) and notwithstanding any other provision of this | 2 | | Act, any person employed by a public employer and who is | 3 | | classified as or who holds the employment title of Chief | 4 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 5 | | Sewage Plant Operator, Water Plant Operator, Stationary | 6 | | Engineer, Plant Operating Engineer, and any other employee who | 7 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 8 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 9 | | Technical Manager III, Technical Manager IV, Technical Manager | 10 | | V, Technical Manager VI, Realty Specialist III, Realty | 11 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 12 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 13 | | IV, or Technical Advisor V employed by the Department of | 14 | | Transportation who is in a position which is certified in a | 15 | | bargaining unit on or before July 19, 2013 (the effective date | 16 | | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the | 17 | | effective date of Public Act 98-100) and notwithstanding any | 18 | | other provision of this Act, any mental health administrator | 19 | | in the Department of Corrections who is classified as or who | 20 | | holds the position of Public Service Administrator (Option | 21 | | 8K), any employee of the Office of the Inspector General in the | 22 | | Department of Human Services who is classified as or who holds | 23 | | the position of Public Service Administrator (Option 7), any | 24 | | Deputy of Intelligence in the Department of Corrections who is | 25 | | classified as or who holds the position of Public Service | 26 | | Administrator (Option 7), and any employee of the Illinois |
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| 1 | | State Police who handles issues concerning the Illinois State | 2 | | Police Sex Offender Registry and who is classified as or holds | 3 | | the position of Public Service Administrator (Option 7), but | 4 | | excluding all of the following: employees of the General | 5 | | Assembly of the State of Illinois; elected officials; | 6 | | executive heads of a department; members of boards or | 7 | | commissions; the Executive Inspectors General; any special | 8 | | Executive Inspectors General; employees of each Office of an | 9 | | Executive Inspector General; commissioners and employees of | 10 | | the Executive Ethics Commission; the Auditor General's | 11 | | Inspector General; employees of the Office of the Auditor | 12 | | General's Inspector General; the Legislative Inspector | 13 | | General; any special Legislative Inspectors General; employees | 14 | | of the Office of the Legislative Inspector General; | 15 | | commissioners and employees of the Legislative Ethics | 16 | | Commission; employees of any agency, board or commission | 17 | | created by this Act; employees appointed to State positions of | 18 | | a temporary or emergency nature; all employees of school | 19 | | districts and higher education institutions except | 20 | | firefighters and peace officers employed by a state university | 21 | | and except peace officers employed by a school district in its | 22 | | own police department in existence on July 23, 2010 (the | 23 | | effective date of Public Act 96-1257); managerial employees; | 24 | | short-term employees; legislative liaisons; a person who is a | 25 | | State employee under the jurisdiction of the Office of the | 26 | | Attorney General who is licensed to practice law or whose |
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| 1 | | position authorizes, either directly or indirectly, meaningful | 2 | | input into government decision-making on issues where there is | 3 | | room for principled disagreement on goals or their | 4 | | implementation; a person who is a State employee under the | 5 | | jurisdiction of the Office of the Comptroller who holds the | 6 | | position of Public Service Administrator or whose position is | 7 | | otherwise exempt under the Comptroller Merit Employment Code; | 8 | | a person who is a State employee under the jurisdiction of the | 9 | | Secretary of State who holds the position classification of | 10 | | Executive I or higher, whose position authorizes, either | 11 | | directly or indirectly, meaningful input into government | 12 | | decision-making on issues where there is room for principled | 13 | | disagreement on goals or their implementation, or who is | 14 | | otherwise exempt under the Secretary of State Merit Employment | 15 | | Code; employees in the Office of the Secretary of State who are | 16 | | completely exempt from jurisdiction B of the Secretary of | 17 | | State Merit Employment Code and who are in Rutan-exempt | 18 | | positions on or after April 5, 2013 (the effective date of | 19 | | Public Act 97-1172); a person who is a State employee under the | 20 | | jurisdiction of the Treasurer who holds a position that is | 21 | | exempt from the State Treasurer Employment Code; any employee | 22 | | of a State agency who (i) holds the title or position of, or | 23 | | exercises substantially similar duties as a legislative | 24 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 25 | | Executive Director, Agency Deputy Director, Agency Chief | 26 | | Fiscal Officer, Agency Human Resources Director, Public |
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| 1 | | Information Officer, or Chief Information Officer and (ii) was | 2 | | neither included in a bargaining unit nor subject to an active | 3 | | petition for certification in a bargaining unit; any employee | 4 | | of a State agency who (i) is in a position that is | 5 | | Rutan-exempt, as designated by the employer, and completely | 6 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 7 | | neither included in a bargaining unit nor subject to an active | 8 | | petition for certification in a bargaining unit; any term | 9 | | appointed employee of a State agency pursuant to Section 8b.18 | 10 | | or 8b.19 of the Personnel Code who was neither included in a | 11 | | bargaining unit nor subject to an active petition for | 12 | | certification in a bargaining unit; any employment position | 13 | | properly designated pursuant to Section 6.1 of this Act; | 14 | | confidential employees; independent contractors; and | 15 | | supervisors except as provided in this Act. | 16 | | Home care and home health workers who function as personal | 17 | | assistants and individual maintenance home health workers and | 18 | | who also work under the Home Services Program under Section 3 | 19 | | of the Rehabilitation of Persons with Disabilities Act shall | 20 | | not be considered public employees for any purposes not | 21 | | specifically provided for in Public Act 93-204 or Public Act | 22 | | 97-1158, including, but not limited to, purposes of vicarious | 23 | | liability in tort and purposes of statutory retirement or | 24 | | health insurance benefits. Home care and home health workers | 25 | | who function as personal assistants and individual maintenance | 26 | | home health workers and who also work under the Home Services |
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| 1 | | Program under Section 3 of the Rehabilitation of Persons with | 2 | | Disabilities Act shall not be covered by the State Employees | 3 | | Group Insurance Act of 1971. | 4 | | Child and day care home providers shall not be considered | 5 | | public employees for any purposes not specifically provided | 6 | | for in Public Act 94-320, including, but not limited to, | 7 | | purposes of vicarious liability in tort and purposes of | 8 | | statutory retirement or health insurance benefits. Child and | 9 | | day care home providers shall not be covered by the State | 10 | | Employees Group Insurance Act of 1971. | 11 | | Notwithstanding Section 9, subsection (c), or any other | 12 | | provisions of this Act, all peace officers above the rank of | 13 | | captain in municipalities with more than 1,000,000 inhabitants | 14 | | shall be excluded from this Act. | 15 | | (o) Except as otherwise in subsection (o-5), "public | 16 | | employer" or "employer" means the State of Illinois; any | 17 | | political subdivision of the State, unit of local government | 18 | | or school district; authorities including departments, | 19 | | divisions, bureaus, boards, commissions, or other agencies of | 20 | | the foregoing entities; and any person acting within the scope | 21 | | of his or her authority, express or implied, on behalf of those | 22 | | entities in dealing with its employees. As of July 16, 2003 | 23 | | (the effective date of Public Act 93-204), but not before, the | 24 | | State of Illinois shall be considered the employer of the | 25 | | personal assistants working under the Home Services Program | 26 | | under Section 3 of the Rehabilitation of Persons with |
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| 1 | | Disabilities Act, subject to the limitations set forth in this | 2 | | Act and in the Rehabilitation of Persons with Disabilities | 3 | | Act. As of January 29, 2013 (the effective date of Public Act | 4 | | 97-1158), but not before except as otherwise provided in this | 5 | | subsection (o), the State shall be considered the employer of | 6 | | home care and home health workers who function as personal | 7 | | assistants and individual maintenance home health workers and | 8 | | who also work under the Home Services Program under Section 3 | 9 | | of the Rehabilitation of Persons with Disabilities Act, no | 10 | | matter whether the State provides those services through | 11 | | direct fee-for-service arrangements, with the assistance of a | 12 | | managed care organization or other intermediary, or otherwise, | 13 | | but subject to the limitations set forth in this Act and the | 14 | | Rehabilitation of Persons with Disabilities Act. The State | 15 | | shall not be considered to be the employer of home care and | 16 | | home health workers who function as personal assistants and | 17 | | individual maintenance home health workers and who also work | 18 | | under the Home Services Program under Section 3 of the | 19 | | Rehabilitation of Persons with Disabilities Act, for any | 20 | | purposes not specifically provided for in Public Act 93-204 or | 21 | | Public Act 97-1158, including but not limited to, purposes of | 22 | | vicarious liability in tort and purposes of statutory | 23 | | retirement or health insurance benefits. Home care and home | 24 | | health workers who function as personal assistants and | 25 | | individual maintenance home health workers and who also work | 26 | | under the Home Services Program under Section 3 of the |
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| 1 | | Rehabilitation of Persons with Disabilities Act shall not be | 2 | | covered by the State Employees Group Insurance Act of 1971. As | 3 | | of January 1, 2006 (the effective date of Public Act 94-320), | 4 | | but not before, the State of Illinois shall be considered the | 5 | | employer of the day and child care home providers | 6 | | participating in the child care assistance program under | 7 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 8 | | limitations set forth in this Act and in Section 9A-11 of the | 9 | | Illinois Public Aid Code. The State shall not be considered to | 10 | | be the employer of child and day care home providers for any | 11 | | purposes not specifically provided for in Public Act 94-320, | 12 | | including, but not limited to, purposes of vicarious liability | 13 | | in tort and purposes of statutory retirement or health | 14 | | insurance benefits. Child and day care home providers shall | 15 | | not be covered by the State Employees Group Insurance Act of | 16 | | 1971. | 17 | | "Public employer" or "employer" as used in this Act, | 18 | | however, does not mean and shall not include the General | 19 | | Assembly of the State of Illinois, the Executive Ethics | 20 | | Commission, the Offices of the Executive Inspectors General, | 21 | | the Legislative Ethics Commission, the Office of the | 22 | | Legislative Inspector General, the Office of the Auditor | 23 | | General's Inspector General, the Office of the Governor, the | 24 | | Governor's Office of Management and Budget, the Illinois | 25 | | Finance Authority, the Office of the Lieutenant Governor, the | 26 | | State Board of Elections, and educational employers or |
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| 1 | | employers as defined in the Illinois Educational Labor | 2 | | Relations Act, except with respect to a state university in | 3 | | its employment of firefighters and peace officers and except | 4 | | with respect to a school district in the employment of peace | 5 | | officers in its own police department in existence on July 23, | 6 | | 2010 (the effective date of Public Act 96-1257). County boards | 7 | | and county sheriffs shall be designated as joint or | 8 | | co-employers of county peace officers appointed under the | 9 | | authority of a county sheriff. Nothing in this subsection (o) | 10 | | shall be construed to prevent the State Panel or the Local | 11 | | Panel from determining that employers are joint or | 12 | | co-employers. | 13 | | (o-5) With respect to wages, fringe benefits, hours, | 14 | | holidays, vacations, proficiency examinations, sick leave, and | 15 | | other conditions of employment, the public employer of public | 16 | | employees who are court reporters, as defined in the Court | 17 | | Reporters Act, shall be determined as follows: | 18 | | (1) For court reporters employed by the Cook County | 19 | | Judicial Circuit, the chief judge of the Cook County | 20 | | Circuit Court is the public employer and employer | 21 | | representative. | 22 | | (2) For court reporters employed by the 12th, 18th, | 23 | | 19th, and, on and after December 4, 2006, the 22nd | 24 | | judicial circuits, a group consisting of the chief judges | 25 | | of those circuits, acting jointly by majority vote, is the | 26 | | public employer and employer representative. |
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| 1 | | (3) For court reporters employed by all other judicial | 2 | | circuits, a group consisting of the chief judges of those | 3 | | circuits, acting jointly by majority vote, is the public | 4 | | employer and employer representative. | 5 | | (p) "Security employee" means an employee who is | 6 | | responsible for the supervision and control of inmates at | 7 | | correctional facilities. The term also includes other | 8 | | non-security employees in bargaining units having the majority | 9 | | of employees being responsible for the supervision and control | 10 | | of inmates at correctional facilities. | 11 | | (q) "Short-term employee" means an employee who is | 12 | | employed for less than 2 consecutive calendar quarters during | 13 | | a calendar year and who does not have a reasonable assurance | 14 | | that he or she will be rehired by the same employer for the | 15 | | same service in a subsequent calendar year. | 16 | | (q-5) "State agency" means an agency directly responsible | 17 | | to the Governor, as defined in Section 3.1 of the Executive | 18 | | Reorganization Implementation Act, and the Illinois Commerce | 19 | | Commission, the Illinois Workers' Compensation Commission, the | 20 | | Civil Service Commission, the Pollution Control Board, the | 21 | | Illinois Racing Board, and the Illinois State Police Merit | 22 | | Board. | 23 | | (r) "Supervisor" is: | 24 | | (1) An employee whose principal work is substantially | 25 | | different from that of his or her subordinates and who has | 26 | | authority, in the interest of the employer, to hire, |
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| 1 | | transfer, suspend, lay off, recall, promote, discharge, | 2 | | direct, reward, or discipline employees, to adjust their | 3 | | grievances, or to effectively recommend any of those | 4 | | actions, if the exercise of that authority is not of a | 5 | | merely routine or clerical nature, but requires the | 6 | | consistent use of independent judgment. The Except with | 7 | | respect to police employment, the term "supervisor" | 8 | | includes only those individuals who devote a preponderance | 9 | | of their employment time to exercising that authority, | 10 | | State supervisors and sworn State police officers | 11 | | notwithstanding. Determinations of supervisor status shall | 12 | | be based on actual employee job duties and not solely on | 13 | | written job descriptions. Nothing in this definition | 14 | | prohibits an individual from also meeting the definition | 15 | | of "managerial employee" under subsection (j) of this | 16 | | Section. In addition, in determining supervisory status in | 17 | | police employment, rank shall not be determinative. The | 18 | | Board shall consider, as evidence of bargaining unit | 19 | | inclusion or exclusion, the common law enforcement | 20 | | policies and relationships between police officer ranks | 21 | | and certification under applicable civil service law, | 22 | | ordinances, personnel codes, or Division 2.1 of Article 10 | 23 | | of the Illinois Municipal Code, or Division 3.8 of Article | 24 | | 3 of the Counties Code, but these factors shall not be the | 25 | | sole or predominant factors considered by the Board in | 26 | | determining police supervisory status. |
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| 1 | | Notwithstanding the provisions of the preceding | 2 | | paragraph, in determining supervisory status in fire | 3 | | fighter employment, no fire fighter shall be excluded as a | 4 | | supervisor who has established representation rights under | 5 | | Section 9 of this Act. Further, in fire fighter units, | 6 | | employees shall consist of fire fighters of the highest | 7 | | rank of company officer and below. A company officer may | 8 | | be responsible for multiple companies or apparatus on a | 9 | | shift, multiple stations, or an entire shift. There may be | 10 | | more than one company officer per shift. If a company | 11 | | officer otherwise qualifies as a supervisor under the | 12 | | preceding paragraph, however, he or she shall not be | 13 | | included in the fire fighter unit. If there is no rank | 14 | | between that of chief and the highest company officer, the | 15 | | employer may designate a position on each shift as a Shift | 16 | | Commander, and the persons occupying those positions shall | 17 | | be supervisors. All other ranks above that of the highest | 18 | | company officer shall be supervisors. | 19 | | (2) With respect only to State employees in positions | 20 | | under the jurisdiction of the Attorney General, Secretary | 21 | | of State, Comptroller, or Treasurer (i) that were | 22 | | certified in a bargaining unit on or after December 2, | 23 | | 2008, (ii) for which a petition is filed with the Illinois | 24 | | Public Labor Relations Board on or after April 5, 2013 | 25 | | (the effective date of Public Act 97-1172), or (iii) for | 26 | | which a petition is pending before the Illinois Public |
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| 1 | | Labor Relations Board on that date, an employee who | 2 | | qualifies as a supervisor under (A) Section 152 of the | 3 | | National Labor Relations Act and (B) orders of the | 4 | | National Labor Relations Board interpreting that provision | 5 | | or decisions of courts reviewing decisions of the National | 6 | | Labor Relations Board. | 7 | | (s)(1) "Unit" means a class of jobs or positions that are | 8 | | held by employees whose collective interests may suitably be | 9 | | represented by a labor organization for collective bargaining. | 10 | | Except with respect to non-State fire fighters and paramedics | 11 | | employed by fire departments and fire protection districts, | 12 | | non-State peace officers, and peace officers in the Illinois | 13 | | State Police, a bargaining unit determined by the Board shall | 14 | | not include both employees and supervisors, or supervisors | 15 | | only, except as provided in paragraph (2) of this subsection | 16 | | (s) and except for bargaining units in existence on July 1, | 17 | | 1984 (the effective date of this Act). With respect to | 18 | | non-State fire fighters and paramedics employed by fire | 19 | | departments and fire protection districts, non-State peace | 20 | | officers, and peace officers in the Illinois State Police, a | 21 | | bargaining unit determined by the Board shall not include both | 22 | | supervisors and nonsupervisors, or supervisors only, except as | 23 | | provided in paragraph (2) of this subsection (s) and except | 24 | | for bargaining units in existence on January 1, 1986 (the | 25 | | effective date of this amendatory Act of 1985). A bargaining | 26 | | unit determined by the Board to contain peace officers shall |
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| 1 | | contain no employees other than peace officers unless | 2 | | otherwise agreed to by the employer and the labor organization | 3 | | or labor organizations involved. Notwithstanding any other | 4 | | provision of this Act, a bargaining unit, including a | 5 | | historical bargaining unit, containing sworn peace officers of | 6 | | the Department of Natural Resources (formerly designated the | 7 | | Department of Conservation) shall contain no employees other | 8 | | than such sworn peace officers upon the effective date of this | 9 | | amendatory Act of 1990 or upon the expiration date of any | 10 | | collective bargaining agreement in effect upon the effective | 11 | | date of this amendatory Act of 1990 covering both such sworn | 12 | | peace officers and other employees. | 13 | | (2) Notwithstanding the exclusion of supervisors from | 14 | | bargaining units as provided in paragraph (1) of this | 15 | | subsection (s), a public employer may agree to permit its | 16 | | supervisory employees to form bargaining units and may bargain | 17 | | with those units. This Act shall apply if the public employer | 18 | | chooses to bargain under this subsection. | 19 | | (3) Public employees who are court reporters, as defined | 20 | | in the Court Reporters Act, shall be divided into 3 units for | 21 | | collective bargaining purposes. One unit shall be court | 22 | | reporters employed by the Cook County Judicial Circuit; one | 23 | | unit shall be court reporters employed by the 12th, 18th, | 24 | | 19th, and, on and after December 4, 2006, the 22nd judicial | 25 | | circuits; and one unit shall be court reporters employed by | 26 | | all other judicial circuits. |
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| 1 | | (t) "Active petition for certification in a bargaining | 2 | | unit" means a petition for certification filed with the Board | 3 | | under one of the following case numbers: S-RC-11-110; | 4 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 5 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 6 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 7 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 8 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 9 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 10 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 11 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 12 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 13 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 14 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 15 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 16 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 17 | | S-RC-07-100. | 18 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | 19 | | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff. | 20 | | 6-30-23.)". |
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