SB2371eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended 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
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1Determinations of confidential employee status shall be based
2on actual employee job duties and not solely on written job
3descriptions.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Illinois State Police,
15means the labor organization that has been (i) designated by
16the Board as the representative of a majority of public
17employees in an appropriate bargaining unit in accordance with
18the procedures contained in this Act; (ii) historically
19recognized by the State of Illinois or any political
20subdivision of the State before July 1, 1984 (the effective
21date of this Act) as the exclusive representative of the
22employees in an appropriate bargaining unit; (iii) after July
231, 1984 (the effective date of this Act) recognized by an
24employer upon evidence, acceptable to the Board, that the
25labor organization has been designated as the exclusive
26representative by a majority of the employees in an

 

 

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1appropriate bargaining unit; (iv) recognized as the exclusive
2representative of personal assistants under Executive Order
32003-8 prior to July 16, 2003 (the effective date of Public Act
493-204), and the organization shall be considered to be the
5exclusive representative of the personal assistants as defined
6in this Section; or (v) recognized as the exclusive
7representative of child and day care home providers, including
8licensed and license exempt providers, pursuant to an election
9held under Executive Order 2005-1 prior to January 1, 2006
10(the effective date of Public Act 94-320), and the
11organization shall be considered to be the exclusive
12representative of the child and day care home providers as
13defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Illinois
17State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire
20fighters in an appropriate bargaining unit in accordance with
21the procedures contained in this Act, (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before January 1, 1986 (the effective
24date of this amendatory Act of 1985) as the exclusive
25representative by a majority of the peace officers or fire
26fighters in an appropriate bargaining unit, or (iii) after

 

 

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1January 1, 1986 (the effective date of this amendatory Act of
21985) recognized by an employer upon evidence, acceptable to
3the Board, that the labor organization has been designated as
4the exclusive representative by a majority of the peace
5officers or fire fighters in an appropriate bargaining unit.
6    Where a historical pattern of representation exists for
7the workers of a water system that was owned by a public
8utility, as defined in Section 3-105 of the Public Utilities
9Act, prior to becoming certified employees of a municipality
10or municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17    (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any
19of the employees in a collective bargaining unit are required
20to pay their proportionate share of the costs of the
21collective bargaining process, contract administration, and
22pursuing matters affecting wages, hours, and other conditions
23of employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

 

 

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1political office. Nothing in this subsection (g) shall
2preclude an employee from making voluntary political
3contributions in conjunction with his or her fair share
4payment.
5    (g-1) "Fire fighter" means, for the purposes of this Act
6only, any person who has been or is hereafter appointed to a
7fire department or fire protection district or employed by a
8state university and sworn or commissioned to perform fire
9fighter duties or paramedic duties, including paramedics
10employed by a unit of local government, except that the
11following persons are not included: part-time fire fighters,
12auxiliary, reserve or voluntary fire fighters, including paid
13on-call fire fighters, clerks and dispatchers or other
14civilian employees of a fire department or fire protection
15district who are not routinely expected to perform fire
16fighter duties, or elected officials.
17    (g-2) "General Assembly of the State of Illinois" means
18the legislative branch of the government of the State of
19Illinois, as provided for under Article IV of the Constitution
20of the State of Illinois, and includes, but is not limited to,
21the House of Representatives, the Senate, the Speaker of the
22House of Representatives, the Minority Leader of the House of
23Representatives, the President of the Senate, the Minority
24Leader of the Senate, the Joint Committee on Legislative
25Support Services, and any legislative support services agency
26listed in the Legislative Commission Reorganization Act of

 

 

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11984.
2    (h) "Governing body" means, in the case of the State, the
3State Panel of the Illinois Labor Relations Board, the
4Director of the Department of Central Management Services, and
5the Director of the Department of Labor; the county board in
6the case of a county; the corporate authorities in the case of
7a municipality; and the appropriate body authorized to provide
8for expenditures of its funds in the case of any other unit of
9government.
10    (i) "Labor organization" means any organization in which
11public employees participate and that exists for the purpose,
12in whole or in part, of dealing with a public employer
13concerning wages, hours, and other terms and conditions of
14employment, including the settlement of grievances.
15    (i-5) "Legislative liaison" means a person who is an
16employee of a State agency, the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, as the
18case may be, and whose job duties require the person to
19regularly communicate in the course of his or her employment
20with any official or staff of the General Assembly of the State
21of Illinois for the purpose of influencing any legislative
22action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices.

 

 

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1Determination of managerial employee status shall be based on
2actual employee job duties and not solely on written job
3descriptions. With respect only to State employees in
4positions under the jurisdiction of the Attorney General,
5Secretary of State, Comptroller, or Treasurer (i) that were
6certified in a bargaining unit on or after December 2, 2008,
7(ii) for which a petition is filed with the Illinois Public
8Labor Relations Board on or after April 5, 2013 (the effective
9date of Public Act 97-1172), or (iii) for which a petition is
10pending before the Illinois Public Labor Relations Board on
11that date, "managerial employee" means an individual who is
12engaged in executive and management functions or who is
13charged with the effectuation of management policies and
14practices or who represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement policy. Nothing in this definition prohibits an
17individual from also meeting the definition of "supervisor"
18under subsection (r) of this Section. Notwithstanding any
19other provision of this Act, beginning on the effective date
20of this amendatory Act of the 103rd General Assembly,
21"managerial employee" does not include Assistant State's
22Attorneys, Assistant Public Defenders, Assistant Appellate
23Defenders, Assistant Appellate Prosecutors, or attorneys in
24the office of the Cook County Public Guardian so long as the
25duties and responsibilities performed by a given position do
26not otherwise establish those Assistant State's Attorneys,

 

 

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1Assistant Public Defenders, Assistant Appellate Prosecutors,
2Assistant Appellate Defenders, or attorneys in the office of
3the Cook County Public Guardian as managerial employees as
4defined in this Act. Assistant State's Attorneys, Assistant
5Public Defenders, Assistant Appellate Prosecutors, Assistant
6Appellate Defenders, and attorneys in the office of the Cook
7County Public Guardian shall not be determined to be
8managerial employees as a matter of law.
9    (k) "Peace officer" means, for the purposes of this Act
10only, any persons who have been or are hereafter appointed to a
11police force, department, or agency and sworn or commissioned
12to perform police duties, except that the following persons
13are not included: part-time police officers, special police
14officers, auxiliary police as defined by Section 3.1-30-20 of
15the Illinois Municipal Code, night watchmen, "merchant
16police", court security officers as defined by Section
173-6012.1 of the Counties Code, temporary employees, traffic
18guards or wardens, civilian parking meter and parking
19facilities personnel or other individuals specially appointed
20to aid or direct traffic at or near schools or public functions
21or to aid in civil defense or disaster, parking enforcement
22employees who are not commissioned as peace officers and who
23are not armed and who are not routinely expected to effect
24arrests, parking lot attendants, clerks and dispatchers or
25other civilian employees of a police department who are not
26routinely expected to effect arrests, or elected officials.

 

 

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1    (l) "Person" includes one or more individuals, labor
2organizations, public employees, associations, corporations,
3legal representatives, trustees, trustees in bankruptcy,
4receivers, or the State of Illinois or any political
5subdivision of the State or governing body, but does not
6include the General Assembly of the State of Illinois or any
7individual employed by the General Assembly of the State of
8Illinois.
9    (m) "Professional employee" means any employee engaged in
10work predominantly intellectual and varied in character rather
11than routine mental, manual, mechanical or physical work;
12involving the consistent exercise of discretion and adjustment
13in its performance; of such a character that the output
14produced or the result accomplished cannot be standardized in
15relation to a given period of time; and requiring advanced
16knowledge in a field of science or learning customarily
17acquired by a prolonged course of specialized intellectual
18instruction and study in an institution of higher learning or
19a hospital, as distinguished from a general academic education
20or from apprenticeship or from training in the performance of
21routine mental, manual, or physical processes; or any employee
22who has completed the courses of specialized intellectual
23instruction and study prescribed in this subsection (m) and is
24performing related work under the supervision of a
25professional person to qualify to become a professional
26employee as defined in this subsection (m).

 

 

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1    (n) "Public employee" or "employee", for the purposes of
2this Act, means any individual employed by a public employer,
3including (i) interns and residents at public hospitals, (ii)
4as of July 16, 2003 (the effective date of Public Act 93-204),
5but not before, personal assistants working under the Home
6Services Program under Section 3 of the Rehabilitation of
7Persons with Disabilities Act, subject to the limitations set
8forth in this Act and in the Rehabilitation of Persons with
9Disabilities Act, (iii) as of January 1, 2006 (the effective
10date of Public Act 94-320), but not before, child and day care
11home providers participating in the child care assistance
12program under Section 9A-11 of the Illinois Public Aid Code,
13subject to the limitations set forth in this Act and in Section
149A-11 of the Illinois Public Aid Code, (iv) as of January 29,
152013 (the effective date of Public Act 97-1158), but not
16before except as otherwise provided in this subsection (n),
17home care and home health workers who function as personal
18assistants and individual maintenance home health workers and
19who also work under the Home Services Program under Section 3
20of the Rehabilitation of Persons with Disabilities Act, no
21matter whether the State provides those services through
22direct fee-for-service arrangements, with the assistance of a
23managed care organization or other intermediary, or otherwise,
24(v) beginning on July 19, 2013 (the effective date of Public
25Act 98-100) and notwithstanding any other provision of this
26Act, any person employed by a public employer and who is

 

 

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1classified as or who holds the employment title of Chief
2Stationary Engineer, Assistant Chief Stationary Engineer,
3Sewage Plant Operator, Water Plant Operator, Stationary
4Engineer, Plant Operating Engineer, and any other employee who
5holds the position of: Civil Engineer V, Civil Engineer VI,
6Civil Engineer VII, Technical Manager I, Technical Manager II,
7Technical Manager III, Technical Manager IV, Technical Manager
8V, Technical Manager VI, Realty Specialist III, Realty
9Specialist IV, Realty Specialist V, Technical Advisor I,
10Technical Advisor II, Technical Advisor III, Technical Advisor
11IV, or Technical Advisor V employed by the Department of
12Transportation who is in a position which is certified in a
13bargaining unit on or before July 19, 2013 (the effective date
14of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
15effective date of Public Act 98-100) and notwithstanding any
16other provision of this Act, any mental health administrator
17in the Department of Corrections who is classified as or who
18holds the position of Public Service Administrator (Option
198K), any employee of the Office of the Inspector General in the
20Department of Human Services who is classified as or who holds
21the position of Public Service Administrator (Option 7), any
22Deputy of Intelligence in the Department of Corrections who is
23classified as or who holds the position of Public Service
24Administrator (Option 7), and any employee of the Illinois
25State Police who handles issues concerning the Illinois State
26Police Sex Offender Registry and who is classified as or holds

 

 

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1the position of Public Service Administrator (Option 7), but
2excluding all of the following: employees of the General
3Assembly of the State of Illinois; elected officials;
4executive heads of a department; members of boards or
5commissions; the Executive Inspectors General; any special
6Executive Inspectors General; employees of each Office of an
7Executive Inspector General; commissioners and employees of
8the Executive Ethics Commission; the Auditor General's
9Inspector General; employees of the Office of the Auditor
10General's Inspector General; the Legislative Inspector
11General; any special Legislative Inspectors General; employees
12of the Office of the Legislative Inspector General;
13commissioners and employees of the Legislative Ethics
14Commission; employees of any agency, board or commission
15created by this Act; employees appointed to State positions of
16a temporary or emergency nature; all employees of school
17districts and higher education institutions except
18firefighters and peace officers employed by a state university
19and except peace officers employed by a school district in its
20own police department in existence on July 23, 2010 (the
21effective date of Public Act 96-1257); managerial employees;
22short-term employees; legislative liaisons; a person who is a
23State employee under the jurisdiction of the Office of the
24Attorney General who is licensed to practice law or whose
25position authorizes, either directly or indirectly, meaningful
26input into government decision-making on issues where there is

 

 

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1room for principled disagreement on goals or their
2implementation; a person who is a State employee under the
3jurisdiction of the Office of the Comptroller who holds the
4position of Public Service Administrator or whose position is
5otherwise exempt under the Comptroller Merit Employment Code;
6a person who is a State employee under the jurisdiction of the
7Secretary of State who holds the position classification of
8Executive I or higher, whose position authorizes, either
9directly or indirectly, meaningful input into government
10decision-making on issues where there is room for principled
11disagreement on goals or their implementation, or who is
12otherwise exempt under the Secretary of State Merit Employment
13Code; employees in the Office of the Secretary of State who are
14completely exempt from jurisdiction B of the Secretary of
15State Merit Employment Code and who are in Rutan-exempt
16positions on or after April 5, 2013 (the effective date of
17Public Act 97-1172); a person who is a State employee under the
18jurisdiction of the Treasurer who holds a position that is
19exempt from the State Treasurer Employment Code; any employee
20of a State agency who (i) holds the title or position of, or
21exercises substantially similar duties as a legislative
22liaison, Agency General Counsel, Agency Chief of Staff, Agency
23Executive Director, Agency Deputy Director, Agency Chief
24Fiscal Officer, Agency Human Resources Director, Public
25Information Officer, or Chief Information Officer and (ii) was
26neither included in a bargaining unit nor subject to an active

 

 

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1petition for certification in a bargaining unit; any employee
2of a State agency who (i) is in a position that is
3Rutan-exempt, as designated by the employer, and completely
4exempt from jurisdiction B of the Personnel Code and (ii) was
5neither included in a bargaining unit nor subject to an active
6petition for certification in a bargaining unit; any term
7appointed employee of a State agency pursuant to Section 8b.18
8or 8b.19 of the Personnel Code who was neither included in a
9bargaining unit nor subject to an active petition for
10certification in a bargaining unit; any employment position
11properly designated pursuant to Section 6.1 of this Act;
12confidential employees; independent contractors; and
13supervisors except as provided in this Act.
14    Home care and home health workers who function as personal
15assistants and individual maintenance home health workers and
16who also work under the Home Services Program under Section 3
17of the Rehabilitation of Persons with Disabilities Act shall
18not be considered public employees for any purposes not
19specifically provided for in Public Act 93-204 or Public Act
2097-1158, including, but not limited to, purposes of vicarious
21liability in tort and purposes of statutory retirement or
22health insurance benefits. Home care and home health workers
23who function as personal assistants and individual maintenance
24home health workers and who also work under the Home Services
25Program under Section 3 of the Rehabilitation of Persons with
26Disabilities Act shall not be covered by the State Employees

 

 

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1Group Insurance Act of 1971.
2    Child and day care home providers shall not be considered
3public employees for any purposes not specifically provided
4for in Public Act 94-320, including, but not limited to,
5purposes of vicarious liability in tort and purposes of
6statutory retirement or health insurance benefits. Child and
7day care home providers shall not be covered by the State
8Employees Group Insurance Act of 1971.
9    Notwithstanding Section 9, subsection (c), or any other
10provisions of this Act, all peace officers above the rank of
11captain in municipalities with more than 1,000,000 inhabitants
12shall be excluded from this Act.
13    (o) Except as otherwise in subsection (o-5), "public
14employer" or "employer" means the State of Illinois; any
15political subdivision of the State, unit of local government
16or school district; authorities including departments,
17divisions, bureaus, boards, commissions, or other agencies of
18the foregoing entities; and any person acting within the scope
19of his or her authority, express or implied, on behalf of those
20entities in dealing with its employees. As of July 16, 2003
21(the effective date of Public Act 93-204), but not before, the
22State of Illinois shall be considered the employer of the
23personal assistants working under the Home Services Program
24under Section 3 of the Rehabilitation of Persons with
25Disabilities Act, subject to the limitations set forth in this
26Act and in the Rehabilitation of Persons with Disabilities

 

 

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1Act. As of January 29, 2013 (the effective date of Public Act
297-1158), but not before except as otherwise provided in this
3subsection (o), the State shall be considered the employer of
4home care and home health workers who function as personal
5assistants and individual maintenance home health workers and
6who also work under the Home Services Program under Section 3
7of the Rehabilitation of Persons with Disabilities Act, no
8matter whether the State provides those services through
9direct fee-for-service arrangements, with the assistance of a
10managed care organization or other intermediary, or otherwise,
11but subject to the limitations set forth in this Act and the
12Rehabilitation of Persons with Disabilities Act. The State
13shall not be considered to be the employer of home care and
14home health workers who function as personal assistants and
15individual maintenance home health workers and who also work
16under the Home Services Program under Section 3 of the
17Rehabilitation of Persons with Disabilities Act, for any
18purposes not specifically provided for in Public Act 93-204 or
19Public Act 97-1158, including but not limited to, purposes of
20vicarious liability in tort and purposes of statutory
21retirement or health insurance benefits. Home care and home
22health workers who function as personal assistants and
23individual maintenance home health workers and who also work
24under the Home Services Program under Section 3 of the
25Rehabilitation of Persons with Disabilities Act shall not be
26covered by the State Employees Group Insurance Act of 1971. As

 

 

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1of January 1, 2006 (the effective date of Public Act 94-320),
2but not before, the State of Illinois shall be considered the
3employer of the day and child care home providers
4participating in the child care assistance program under
5Section 9A-11 of the Illinois Public Aid Code, subject to the
6limitations set forth in this Act and in Section 9A-11 of the
7Illinois Public Aid Code. The State shall not be considered to
8be the employer of child and day care home providers for any
9purposes not specifically provided for in Public Act 94-320,
10including, but not limited to, purposes of vicarious liability
11in tort and purposes of statutory retirement or health
12insurance benefits. Child and day care home providers shall
13not be covered by the State Employees Group Insurance Act of
141971.
15    "Public employer" or "employer" as used in this Act,
16however, does not mean and shall not include the General
17Assembly of the State of Illinois, the Executive Ethics
18Commission, the Offices of the Executive Inspectors General,
19the Legislative Ethics Commission, the Office of the
20Legislative Inspector General, the Office of the Auditor
21General's Inspector General, the Office of the Governor, the
22Governor's Office of Management and Budget, the Illinois
23Finance Authority, the Office of the Lieutenant Governor, the
24State Board of Elections, and educational employers or
25employers as defined in the Illinois Educational Labor
26Relations Act, except with respect to a state university in

 

 

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1its employment of firefighters and peace officers and except
2with respect to a school district in the employment of peace
3officers in its own police department in existence on July 23,
42010 (the effective date of Public Act 96-1257). County boards
5and county sheriffs shall be designated as joint or
6co-employers of county peace officers appointed under the
7authority of a county sheriff. Nothing in this subsection (o)
8shall be construed to prevent the State Panel or the Local
9Panel from determining that employers are joint or
10co-employers.
11    (o-5) With respect to wages, fringe benefits, hours,
12holidays, vacations, proficiency examinations, sick leave, and
13other conditions of employment, the public employer of public
14employees who are court reporters, as defined in the Court
15Reporters Act, shall be determined as follows:
16        (1) For court reporters employed by the Cook County
17    Judicial Circuit, the chief judge of the Cook County
18    Circuit Court is the public employer and employer
19    representative.
20        (2) For court reporters employed by the 12th, 18th,
21    19th, and, on and after December 4, 2006, the 22nd
22    judicial circuits, a group consisting of the chief judges
23    of those circuits, acting jointly by majority vote, is the
24    public employer and employer representative.
25        (3) For court reporters employed by all other judicial
26    circuits, a group consisting of the chief judges of those

 

 

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1    circuits, acting jointly by majority vote, is the public
2    employer and employer representative.
3    (p) "Security employee" means an employee who is
4responsible for the supervision and control of inmates at
5correctional facilities. The term also includes other
6non-security employees in bargaining units having the majority
7of employees being responsible for the supervision and control
8of inmates at correctional facilities.
9    (q) "Short-term employee" means an employee who is
10employed for less than 2 consecutive calendar quarters during
11a calendar year and who does not have a reasonable assurance
12that he or she will be rehired by the same employer for the
13same service in a subsequent calendar year.
14    (q-5) "State agency" means an agency directly responsible
15to the Governor, as defined in Section 3.1 of the Executive
16Reorganization Implementation Act, and the Illinois Commerce
17Commission, the Illinois Workers' Compensation Commission, the
18Civil Service Commission, the Pollution Control Board, the
19Illinois Racing Board, and the Illinois State Police Merit
20Board.
21    (r) "Supervisor" is:
22        (1) An employee whose principal work is substantially
23    different from that of his or her subordinates and who has
24    authority, in the interest of the employer, to hire,
25    transfer, suspend, lay off, recall, promote, discharge,
26    direct, reward, or discipline employees, to adjust their

 

 

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1    grievances, or to effectively recommend any of those
2    actions, if the exercise of that authority is not of a
3    merely routine or clerical nature, but requires the
4    consistent use of independent judgment. Except with
5    respect to police employment, the term "supervisor"
6    includes only those individuals who devote a preponderance
7    of their employment time to exercising that authority,
8    State supervisors notwithstanding. Determinations of
9    supervisor status shall be based on actual employee job
10    duties and not solely on written job descriptions. Nothing
11    in this definition prohibits an individual from also
12    meeting the definition of "managerial employee" under
13    subsection (j) of this Section. In addition, in
14    determining supervisory status in police employment, rank
15    shall not be determinative. The Board shall consider, as
16    evidence of bargaining unit inclusion or exclusion, the
17    common law enforcement policies and relationships between
18    police officer ranks and certification under applicable
19    civil service law, ordinances, personnel codes, or
20    Division 2.1 of Article 10 of the Illinois Municipal Code,
21    but these factors shall not be the sole or predominant
22    factors considered by the Board in determining police
23    supervisory status.
24        Notwithstanding the provisions of the preceding
25    paragraph, in determining supervisory status in fire
26    fighter employment, no fire fighter shall be excluded as a

 

 

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1    supervisor who has established representation rights under
2    Section 9 of this Act. Further, in fire fighter units,
3    employees shall consist of fire fighters of the highest
4    rank of company officer and below. A company officer may
5    be responsible for multiple companies or apparatus on a
6    shift, multiple stations, or an entire shift. There may be
7    more than one company officer per shift. If a company
8    officer otherwise qualifies as a supervisor under the
9    preceding paragraph, however, he or she shall not be
10    included in the fire fighter unit. If there is no rank
11    between that of chief and the highest company officer, the
12    employer may designate a position on each shift as a Shift
13    Commander, and the persons occupying those positions shall
14    be supervisors. All other ranks above that of the highest
15    company officer shall be supervisors.
16        (2) With respect only to State employees in positions
17    under the jurisdiction of the Attorney General, Secretary
18    of State, Comptroller, or Treasurer (i) that were
19    certified in a bargaining unit on or after December 2,
20    2008, (ii) for which a petition is filed with the Illinois
21    Public Labor Relations Board on or after April 5, 2013
22    (the effective date of Public Act 97-1172), or (iii) for
23    which a petition is pending before the Illinois Public
24    Labor Relations Board on that date, an employee who
25    qualifies as a supervisor under (A) Section 152 of the
26    National Labor Relations Act and (B) orders of the

 

 

SB2371 Engrossed- 22 -LRB103 30833 DTM 57332 b

1    National Labor Relations Board interpreting that provision
2    or decisions of courts reviewing decisions of the National
3    Labor Relations Board.
4    (s)(1) "Unit" means a class of jobs or positions that are
5held by employees whose collective interests may suitably be
6represented by a labor organization for collective bargaining.
7Except with respect to non-State fire fighters and paramedics
8employed by fire departments and fire protection districts,
9non-State peace officers, and peace officers in the Illinois
10State Police, a bargaining unit determined by the Board shall
11not include both employees and supervisors, or supervisors
12only, except as provided in paragraph (2) of this subsection
13(s) and except for bargaining units in existence on July 1,
141984 (the effective date of this Act). With respect to
15non-State fire fighters and paramedics employed by fire
16departments and fire protection districts, non-State peace
17officers, and peace officers in the Illinois State Police, a
18bargaining unit determined by the Board shall not include both
19supervisors and nonsupervisors, or supervisors only, except as
20provided in paragraph (2) of this subsection (s) and except
21for bargaining units in existence on January 1, 1986 (the
22effective date of this amendatory Act of 1985). A bargaining
23unit determined by the Board to contain peace officers shall
24contain no employees other than peace officers unless
25otherwise agreed to by the employer and the labor organization
26or labor organizations involved. Notwithstanding any other

 

 

SB2371 Engrossed- 23 -LRB103 30833 DTM 57332 b

1provision of this Act, a bargaining unit, including a
2historical bargaining unit, containing sworn peace officers of
3the Department of Natural Resources (formerly designated the
4Department of Conservation) shall contain no employees other
5than such sworn peace officers upon the effective date of this
6amendatory Act of 1990 or upon the expiration date of any
7collective bargaining agreement in effect upon the effective
8date of this amendatory Act of 1990 covering both such sworn
9peace officers and other employees.
10    (2) Notwithstanding the exclusion of supervisors from
11bargaining units as provided in paragraph (1) of this
12subsection (s), a public employer may agree to permit its
13supervisory employees to form bargaining units and may bargain
14with those units. This Act shall apply if the public employer
15chooses to bargain under this subsection.
16    (3) Public employees who are court reporters, as defined
17in the Court Reporters Act, shall be divided into 3 units for
18collective bargaining purposes. One unit shall be court
19reporters employed by the Cook County Judicial Circuit; one
20unit shall be court reporters employed by the 12th, 18th,
2119th, and, on and after December 4, 2006, the 22nd judicial
22circuits; and one unit shall be court reporters employed by
23all other judicial circuits.
24    (t) "Active petition for certification in a bargaining
25unit" means a petition for certification filed with the Board
26under one of the following case numbers: S-RC-11-110;

 

 

SB2371 Engrossed- 24 -LRB103 30833 DTM 57332 b

1S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
2S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
3S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
4S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
5S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
6S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
7S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
8S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
9S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
10S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
11S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
12S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
13S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
14S-RC-07-100.
15(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
16102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.