Full Text of SB1307 100th General Assembly
SB1307 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1307 Introduced 2/9/2017, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 |
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Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Limits the provisions of the amendatory Act to a county with a population of more than 500,000 and municipalities that lie in whole or in part within such a county. Effective immediately.
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 other | 15 | | conditions of employment,
as detailed in Section 7 and which | 16 | | are not excluded by Section 4.
| 17 | | (c) "Confidential employee" means an employee who, in the | 18 | | regular course
of his or her duties, assists and acts in a | 19 | | confidential capacity to persons
who formulate, determine, and | 20 | | effectuate management policies with regard
to labor relations | 21 | | or who, in the regular course of his or her duties, has
| 22 | | authorized access to information relating to the effectuation
| 23 | | or review of the employer's collective bargaining policies.
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| 1 | | (c-5) In addition to the provisions set forth in subsection | 2 | | (c) of this Section, a secretary, assistant, or one of like | 3 | | position to a person who formulates, determines, and | 4 | | effectuates labor relations policy is presumed to be a | 5 | | "confidential employee". The following is considered to be a | 6 | | person who formulates, determines, and effectuates labor | 7 | | relations policy under the Act: (i) the mayor, village | 8 | | president, county board president, county board chairman, or | 9 | | other chief executive officer of a unit of local government, | 10 | | and (ii) any village or city manager or village or city | 11 | | administrator, or anyone in a like position in any unit of | 12 | | local government. | 13 | | The provisions of this subsection (c-5) apply only to a | 14 | | county with a population of more than 500,000 and | 15 | | municipalities that lie in whole or in part within such a | 16 | | county. Nothing in this subsection (c-5) shall affect the | 17 | | employee status of individuals who were covered by a collective | 18 | | bargaining agreement on the effective date of this amendatory | 19 | | Act of the 100th General Assembly. | 20 | | (d) "Craft employees" means skilled journeymen, crafts | 21 | | persons, and their
apprentices and helpers.
| 22 | | (e) "Essential services employees" means those public | 23 | | employees
performing functions so essential that the | 24 | | interruption or termination of
the function will constitute a | 25 | | clear and present danger to the health and
safety of the | 26 | | persons in the affected community.
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| 1 | | (f) "Exclusive representative", except with respect to | 2 | | non-State fire
fighters and paramedics employed by fire | 3 | | departments and fire protection
districts, non-State peace | 4 | | officers, and peace officers in the
Department of State Police, | 5 | | means the labor organization that has
been (i) designated by | 6 | | the Board as the representative of a majority of public
| 7 | | employees in an appropriate bargaining unit in accordance with | 8 | | the procedures
contained in this Act, (ii) historically
| 9 | | recognized by the State of Illinois or
any political | 10 | | subdivision of the State before July 1, 1984
(the effective | 11 | | date of this
Act) as the exclusive representative of the | 12 | | employees in an appropriate
bargaining unit, (iii) after July | 13 | | 1, 1984 (the
effective date of this Act) recognized by an
| 14 | | employer upon evidence, acceptable to the Board, that the labor
| 15 | | organization has been designated as the exclusive | 16 | | representative by a
majority of the employees in an appropriate | 17 | | bargaining unit;
(iv) recognized as the exclusive | 18 | | representative of personal
assistants under Executive Order | 19 | | 2003-8 prior to the effective date of this
amendatory
Act of | 20 | | the 93rd General Assembly, and the organization shall be | 21 | | considered to
be the
exclusive representative of the personal | 22 | | assistants
as defined
in this Section; or (v) recognized as the | 23 | | exclusive representative of child and day care home providers, | 24 | | including licensed and license exempt providers, pursuant to an | 25 | | election held under Executive Order 2005-1 prior to the | 26 | | effective date of this amendatory Act of the 94th General |
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| 1 | | Assembly, and the organization shall be considered to be the | 2 | | exclusive representative of the child and day care home | 3 | | providers as defined in this Section.
| 4 | | With respect to non-State fire fighters and paramedics | 5 | | employed by fire
departments and fire protection districts, | 6 | | non-State peace officers, and
peace officers in the Department | 7 | | of State Police,
"exclusive representative" means the labor | 8 | | organization that has
been (i) designated by the Board as the | 9 | | representative of a majority of peace
officers or fire fighters | 10 | | in an appropriate bargaining unit in accordance
with the | 11 | | procedures contained in this Act, (ii)
historically recognized
| 12 | | by the State of Illinois or any political subdivision of the | 13 | | State before
January 1, 1986 (the effective date of this | 14 | | amendatory Act of 1985) as the exclusive
representative by a | 15 | | majority of the peace officers or fire fighters in an
| 16 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 17 | | (the effective date of this amendatory
Act of 1985) recognized | 18 | | by an employer upon evidence, acceptable to the
Board, that the | 19 | | labor organization has been designated as the exclusive
| 20 | | representative by a majority of the peace officers or fire | 21 | | fighters in an
appropriate bargaining unit.
| 22 | | Where a historical pattern of representation exists for the | 23 | | workers of a water system that was owned by a public utility, | 24 | | as defined in Section 3-105 of the Public Utilities Act, prior | 25 | | to becoming certified employees of a municipality or | 26 | | municipalities once the municipality or municipalities have |
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| 1 | | acquired the water system as authorized in Section 11-124-5 of | 2 | | the Illinois Municipal Code, the Board shall find the labor | 3 | | organization that has historically represented the workers to | 4 | | be the exclusive representative under this Act, and shall find | 5 | | the unit represented by the exclusive representative to be the | 6 | | appropriate unit. | 7 | | (g) "Fair share agreement" means an agreement between the | 8 | | employer and
an employee organization under which all or any of | 9 | | the employees in a
collective bargaining unit are required to | 10 | | pay their proportionate share of
the costs of the collective | 11 | | bargaining process, contract administration, and
pursuing | 12 | | matters affecting wages, hours, and other conditions of | 13 | | employment,
but not to exceed the amount of dues uniformly | 14 | | required of members. The
amount certified by the exclusive | 15 | | representative shall not include any fees
for contributions | 16 | | related to the election or support of any candidate for
| 17 | | political office. Nothing in this subsection (g) shall
preclude | 18 | | an employee from making
voluntary political contributions in | 19 | | conjunction with his or her fair share
payment.
| 20 | | (g-1) "Fire fighter" means, for the purposes of this Act | 21 | | only, any
person who has been or is hereafter appointed to a | 22 | | fire department or fire
protection district or employed by a | 23 | | state university and sworn or
commissioned to perform fire | 24 | | fighter duties or paramedic duties, except that the
following | 25 | | persons are not included: part-time fire fighters,
auxiliary, | 26 | | reserve or voluntary fire fighters, including paid on-call fire
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| 1 | | fighters, clerks and dispatchers or other civilian employees of | 2 | | a fire
department or fire protection district who are not | 3 | | routinely expected to
perform fire fighter duties, or elected | 4 | | officials.
| 5 | | (g-2) "General Assembly of the State of Illinois" means the
| 6 | | legislative branch of the government of the State of Illinois, | 7 | | as provided
for under Article IV of the Constitution of the | 8 | | State of Illinois, and
includes but is not limited to the House | 9 | | of Representatives, the Senate,
the Speaker of the House of | 10 | | Representatives, the Minority Leader of the
House of | 11 | | Representatives, the President of the Senate, the Minority | 12 | | Leader
of the Senate, the Joint Committee on Legislative | 13 | | Support Services and any
legislative support services agency | 14 | | listed in the Legislative Commission
Reorganization Act of | 15 | | 1984.
| 16 | | (h) "Governing body" means, in the case of the State, the | 17 | | State Panel of
the Illinois Labor Relations Board, the Director | 18 | | of the Department of Central
Management Services, and the | 19 | | Director of the Department of Labor; the county
board in the | 20 | | case of a county; the corporate authorities in the case of a
| 21 | | municipality; and the appropriate body authorized to provide | 22 | | for expenditures
of its funds in the case of any other unit of | 23 | | government.
| 24 | | (i) "Labor organization" means any organization in which | 25 | | public employees
participate and that exists for the purpose, | 26 | | in whole or in part, of dealing
with a public employer |
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| 1 | | concerning wages, hours, and other terms and conditions
of | 2 | | employment, including the settlement of grievances.
| 3 | | (i-5) "Legislative liaison" means a person who is an | 4 | | employee of a State agency, the Attorney General, the Secretary | 5 | | of State, the Comptroller, or the Treasurer, as the case may | 6 | | be, and whose job duties require the person to regularly | 7 | | communicate in the course of his or her employment with any | 8 | | official or staff of the General Assembly of the State of | 9 | | Illinois for the purpose of influencing any legislative action. | 10 | | (j) "Managerial employee" means an individual who is | 11 | | engaged
predominantly in executive and management functions | 12 | | and is charged with the
responsibility of directing the | 13 | | effectuation of management policies
and practices. With | 14 | | respect only to State employees in positions under the | 15 | | jurisdiction of the Attorney General, Secretary of State, | 16 | | Comptroller, or Treasurer (i) that were certified in a | 17 | | bargaining unit on or after December 2, 2008, (ii) for which a | 18 | | petition is filed with the Illinois Public Labor Relations | 19 | | Board on or after April 5, 2013 (the effective date of Public | 20 | | Act 97-1172), or (iii) for which a petition is pending before | 21 | | the Illinois Public Labor Relations Board on that date, | 22 | | "managerial employee" means an individual who is engaged in | 23 | | executive and management functions or who is charged with the | 24 | | effectuation of management policies and practices or who | 25 | | represents management interests by taking or recommending | 26 | | discretionary actions that effectively control or implement |
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| 1 | | policy. Nothing in this definition prohibits an individual from | 2 | | also meeting the definition of "supervisor" under subsection | 3 | | (r) of this Section.
| 4 | | (k) "Peace officer" means, for the purposes of this Act | 5 | | only, any
persons who have been or are hereafter appointed to a | 6 | | police force,
department, or agency and sworn or commissioned | 7 | | to perform police duties,
except that the following persons are | 8 | | not
included: part-time police
officers, special police | 9 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 10 | | the Illinois Municipal Code, night watchmen, "merchant | 11 | | police",
court security officers as defined by Section 3-6012.1 | 12 | | of the Counties
Code,
temporary employees, traffic guards or | 13 | | wardens, civilian parking meter and
parking facilities | 14 | | personnel or other individuals specially appointed to
aid or | 15 | | direct traffic at or near schools or public functions or to aid | 16 | | in
civil defense or disaster, parking enforcement employees who | 17 | | are not
commissioned as peace officers and who are not armed | 18 | | and who are not
routinely expected to effect arrests, parking | 19 | | lot attendants, clerks and
dispatchers or other civilian | 20 | | employees of a police department who are not
routinely expected | 21 | | to effect arrests, or elected officials.
| 22 | | (l) "Person" includes one or more individuals, labor | 23 | | organizations, public
employees, associations, corporations, | 24 | | legal representatives, trustees,
trustees in bankruptcy, | 25 | | receivers, or the State of Illinois or any political
| 26 | | subdivision of the State or governing body, but does not |
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| 1 | | include the General
Assembly of the State of Illinois or any | 2 | | individual employed by the General
Assembly of the State of | 3 | | Illinois.
| 4 | | (m) "Professional employee" means any employee engaged in | 5 | | work predominantly
intellectual and varied in character rather | 6 | | than routine mental, manual,
mechanical or physical work; | 7 | | involving the consistent exercise of discretion
and adjustment | 8 | | in its performance; of such a character that the output | 9 | | produced
or the result accomplished cannot be standardized in | 10 | | relation to a given
period of time; and requiring advanced | 11 | | knowledge in a field of science or
learning customarily | 12 | | acquired by a prolonged course of specialized intellectual
| 13 | | instruction and study in an institution of higher learning or a | 14 | | hospital,
as distinguished from a general academic education or | 15 | | from apprenticeship
or from training in the performance of | 16 | | routine mental, manual, or physical
processes; or any employee | 17 | | who has completed the courses of specialized
intellectual | 18 | | instruction and study prescribed in this subsection (m) and is
| 19 | | performing related
work under the supervision of a professional | 20 | | person to qualify to become
a professional employee as defined | 21 | | in this subsection (m).
| 22 | | (n) "Public employee" or "employee", for the purposes of | 23 | | this Act, means
any individual employed by a public employer, | 24 | | including (i) interns and residents
at public hospitals, (ii) | 25 | | as of the effective date of this amendatory Act of the 93rd | 26 | | General
Assembly, but not
before, personal assistants working |
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| 1 | | under the Home
Services
Program under Section 3 of the | 2 | | Rehabilitation of Persons with Disabilities Act, subject to
the
| 3 | | limitations set forth in this Act and in the Rehabilitation of | 4 | | Persons with Disabilities
Act,
(iii) as of the effective date | 5 | | of this amendatory Act of the 94th General Assembly, but not | 6 | | before, child and day care home providers participating in the | 7 | | child care assistance program under Section 9A-11 of the | 8 | | Illinois Public Aid Code, subject to the limitations set forth | 9 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 10 | | Code, (iv) as of January 29, 2013 (the effective date of Public | 11 | | Act 97-1158), but not before except as otherwise provided in | 12 | | this subsection (n), home care and home health workers who | 13 | | function as personal assistants and individual maintenance | 14 | | home health workers and who also work under the Home Services | 15 | | Program under Section 3 of the Rehabilitation of Persons with | 16 | | Disabilities Act, no matter whether the State provides those | 17 | | services through direct fee-for-service arrangements, with the | 18 | | assistance of a managed care organization or other | 19 | | intermediary, or otherwise, (v) beginning on the effective date | 20 | | of this amendatory Act of the 98th General Assembly and | 21 | | notwithstanding any other provision of this Act, any person | 22 | | employed by a public employer and who is classified as or who | 23 | | holds the employment title of Chief Stationary Engineer, | 24 | | Assistant Chief Stationary Engineer, Sewage Plant Operator, | 25 | | Water Plant Operator, Stationary Engineer, Plant Operating | 26 | | Engineer, and any other employee who holds the position of: |
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| 1 | | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | 2 | | Technical Manager I, Technical Manager II, Technical Manager | 3 | | III, Technical Manager IV, Technical Manager V, Technical | 4 | | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | 5 | | Specialist V, Technical Advisor I, Technical Advisor II, | 6 | | Technical Advisor III, Technical Advisor IV, or Technical | 7 | | Advisor V employed by the Department of Transportation who is | 8 | | in a position which is certified in a bargaining unit on or | 9 | | before the effective date of this amendatory Act of the 98th | 10 | | General Assembly, and (vi) beginning on the effective date of | 11 | | this amendatory Act of the 98th General Assembly and | 12 | | notwithstanding any other provision of this Act, any mental | 13 | | health administrator in the Department of Corrections who is | 14 | | classified as or who holds the position of Public Service | 15 | | Administrator (Option 8K), any employee of the Office of the | 16 | | Inspector General in the Department of Human Services who is | 17 | | classified as or who holds the position of Public Service | 18 | | Administrator (Option 7), any Deputy of Intelligence in the | 19 | | Department of Corrections who is classified as or who holds the | 20 | | position of Public Service Administrator (Option 7), and any | 21 | | employee of the Department of State Police who handles issues | 22 | | concerning the Illinois State Police Sex Offender Registry and | 23 | | who is classified as or holds the position of Public Service | 24 | | Administrator (Option 7), but excluding all of the following: | 25 | | employees of the
General Assembly of the State of Illinois; | 26 | | elected officials; executive
heads of a department; members of |
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| 1 | | boards or commissions; the Executive
Inspectors General; any | 2 | | special Executive Inspectors General; employees of each
Office | 3 | | of an Executive Inspector General;
commissioners and employees | 4 | | of the Executive Ethics Commission; the Auditor
General's | 5 | | Inspector General; employees of the Office of the Auditor | 6 | | General's
Inspector General; the Legislative Inspector | 7 | | General; any special Legislative
Inspectors General; employees | 8 | | of the Office
of the Legislative Inspector General;
| 9 | | commissioners and employees of the Legislative Ethics | 10 | | Commission;
employees
of any
agency, board or commission | 11 | | created by this Act; employees appointed to
State positions of | 12 | | a temporary or emergency nature; all employees of school
| 13 | | districts and higher education institutions except | 14 | | firefighters and peace
officers employed
by a state university | 15 | | and except peace officers employed by a school district in its | 16 | | own police department in existence on the effective date of | 17 | | this amendatory Act of the 96th General Assembly; managerial | 18 | | employees; short-term employees; legislative liaisons; a | 19 | | person who is a State employee under the jurisdiction of the | 20 | | Office of the Attorney General who is licensed to practice law | 21 | | or whose position authorizes, either directly or indirectly, | 22 | | meaningful input into government decision-making on issues | 23 | | where there is room for principled disagreement on goals or | 24 | | their implementation; a person who is a State employee under | 25 | | the jurisdiction of the Office of the Comptroller who holds the | 26 | | position of Public Service Administrator or whose position is |
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| 1 | | otherwise exempt under the Comptroller Merit Employment Code; a | 2 | | person who is a State employee under the jurisdiction of the | 3 | | Secretary of State who holds the position classification of | 4 | | Executive I or higher, whose position authorizes, either | 5 | | directly or indirectly, meaningful input into government | 6 | | decision-making on issues where there is room for principled | 7 | | disagreement on goals or their implementation, or who is | 8 | | otherwise exempt under the Secretary of State Merit Employment | 9 | | Code; employees in the Office of the Secretary of State who are | 10 | | completely exempt from jurisdiction B of the Secretary of State | 11 | | Merit Employment Code and who are in Rutan-exempt positions on | 12 | | or after April 5, 2013 (the effective date of Public Act | 13 | | 97-1172); a person who is a State employee under the | 14 | | jurisdiction of the Treasurer who holds a position that is | 15 | | exempt from the State Treasurer Employment Code; any employee | 16 | | of a State agency who (i) holds the title or position of, or | 17 | | exercises substantially similar duties as a legislative | 18 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 19 | | Executive Director, Agency Deputy Director, Agency Chief | 20 | | Fiscal Officer, Agency Human Resources Director, Public | 21 | | Information Officer, or Chief Information Officer and (ii) was | 22 | | neither included in a bargaining unit nor subject to an active | 23 | | petition for certification in a bargaining unit; any employee | 24 | | of a State agency who (i) is in a position that is | 25 | | Rutan-exempt, as designated by the employer, and completely | 26 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
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| 1 | | neither included in a bargaining unit nor subject to an active | 2 | | petition for certification in a bargaining unit; any term | 3 | | appointed employee of a State agency pursuant to Section 8b.18 | 4 | | or 8b.19 of the Personnel Code who was neither included in a | 5 | | bargaining unit nor subject to an active petition for | 6 | | certification in a bargaining unit; any employment position | 7 | | properly designated pursuant to Section 6.1 of this Act;
| 8 | | confidential employees; independent contractors; and | 9 | | supervisors except as
provided in this Act.
| 10 | | Home care
and home health workers who function as personal | 11 | | assistants and individual maintenance home health workers and | 12 | | who also work under the Home Services Program under Section 3 | 13 | | of the Rehabilitation of Persons with Disabilities Act shall | 14 | | not be considered
public
employees for any purposes not | 15 | | specifically provided for in Public Act 93-204 or Public Act | 16 | | 97-1158, including but not limited to, purposes of vicarious
| 17 | | liability in tort
and purposes of statutory retirement or | 18 | | health insurance benefits. Home care and home health workers | 19 | | who function as personal assistants and individual maintenance | 20 | | home health workers and who also work under the Home Services | 21 | | Program under Section 3 of the Rehabilitation of Persons with | 22 | | Disabilities Act shall not be covered by the State Employees
| 23 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 24 | | Child and day care home providers shall not be considered | 25 | | public employees for any purposes not specifically provided for | 26 | | in this amendatory Act of the 94th General Assembly, including |
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| 1 | | but not limited to, purposes of vicarious liability in tort and | 2 | | purposes of statutory retirement or health insurance benefits. | 3 | | Child and day care home providers shall not be covered by the | 4 | | State Employees Group Insurance Act of 1971. | 5 | | Notwithstanding Section 9, subsection (c), or any other | 6 | | provisions of
this Act, all peace officers above the rank of | 7 | | captain in
municipalities with more than 1,000,000 inhabitants | 8 | | shall be excluded
from this Act.
| 9 | | (o) Except as otherwise in subsection (o-5), "public | 10 | | employer" or "employer" means the State of Illinois; any
| 11 | | political subdivision of the State, unit of local government or | 12 | | school
district; authorities including departments, divisions, | 13 | | bureaus, boards,
commissions, or other agencies of the | 14 | | foregoing entities; and any person
acting within the scope of | 15 | | his or her authority, express or implied, on
behalf of those | 16 | | entities in dealing with its employees.
As of the effective | 17 | | date of the amendatory Act of the 93rd General Assembly,
but | 18 | | not
before, the State of Illinois shall be considered the | 19 | | employer of the personal assistants working under the Home | 20 | | Services Program
under
Section 3 of the Rehabilitation of | 21 | | Persons with Disabilities Act, subject to the
limitations set | 22 | | forth
in this Act and in the Rehabilitation of Persons with | 23 | | Disabilities Act. As of January 29, 2013 (the effective date of | 24 | | Public Act 97-1158), but not before except as otherwise | 25 | | provided in this subsection (o), the State shall be considered | 26 | | the employer of home care and home health workers who function |
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| 1 | | as personal assistants and individual maintenance home health | 2 | | workers and who also work under the Home Services Program under | 3 | | Section 3 of the Rehabilitation of Persons with Disabilities | 4 | | Act, no matter whether the State provides those services | 5 | | through direct fee-for-service arrangements, with the | 6 | | assistance of a managed care organization or other | 7 | | intermediary, or otherwise, but subject to the limitations set | 8 | | forth in this Act and the Rehabilitation of Persons with | 9 | | Disabilities Act. The State shall not
be
considered to be the | 10 | | employer of home care and home health workers who function as | 11 | | personal
assistants and individual maintenance home health | 12 | | workers and who also work under the Home Services Program under | 13 | | Section 3 of the Rehabilitation of Persons with Disabilities | 14 | | Act, for any
purposes not specifically provided for in Public | 15 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 16 | | purposes of vicarious liability in tort
and
purposes of | 17 | | statutory retirement or health insurance benefits. Home care | 18 | | and home health workers who function as
personal assistants and | 19 | | individual maintenance home health workers and who also work | 20 | | under the Home Services Program under Section 3 of the | 21 | | Rehabilitation of Persons with Disabilities Act shall not be | 22 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 23 | | ILCS 375/).
As of the effective date of this amendatory Act of | 24 | | the 94th General Assembly but not before, the State of Illinois | 25 | | shall be considered the employer of the day and child care home | 26 | | providers participating in the child care assistance program |
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| 1 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 2 | | the limitations set forth in this Act and in Section 9A-11 of | 3 | | the Illinois Public Aid Code. The State shall not be considered | 4 | | to be the employer of child and day care home providers for any | 5 | | purposes not specifically provided for in this amendatory Act | 6 | | of the 94th General Assembly, 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 | | "Public employer" or
"employer" as used in this Act, | 12 | | however, does not
mean and shall not include the General | 13 | | Assembly of the State of Illinois,
the Executive Ethics | 14 | | Commission, the Offices of the Executive Inspectors
General, | 15 | | the Legislative Ethics Commission, the Office of the | 16 | | Legislative
Inspector General, the Office of the Auditor | 17 | | General's Inspector General, the Office of the Governor, the | 18 | | Governor's Office of Management and Budget, the Illinois | 19 | | Finance Authority, the Office of the Lieutenant Governor, the | 20 | | State Board of Elections, and educational employers or | 21 | | employers as defined in the Illinois
Educational Labor | 22 | | Relations Act, except with respect to a state university in
its | 23 | | employment of firefighters and peace officers and except with | 24 | | respect to a school district in the employment of peace | 25 | | officers in its own police department in existence on the | 26 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly. County boards and county
sheriffs shall be
designated | 2 | | as joint or co-employers of county peace officers appointed
| 3 | | under the authority of a county sheriff. Nothing in this | 4 | | subsection
(o) shall be construed
to prevent the State Panel or | 5 | | the Local Panel
from determining that employers are joint or | 6 | | co-employers.
| 7 | | (o-5) With respect to
wages, fringe
benefits, hours, | 8 | | holidays, vacations, proficiency
examinations, sick leave, and | 9 | | other conditions of
employment, the public employer of public | 10 | | employees who are court reporters, as
defined in the Court | 11 | | Reporters Act, shall be determined as
follows:
| 12 | | (1) For court reporters employed by the Cook County | 13 | | Judicial
Circuit, the chief judge of the Cook County | 14 | | Circuit
Court is the public employer and employer | 15 | | representative.
| 16 | | (2) For court reporters employed by the 12th, 18th, | 17 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 18 | | circuits, a group consisting of the chief judges of those | 19 | | circuits, acting
jointly by majority vote, is the public | 20 | | employer and employer representative.
| 21 | | (3) For court reporters employed by all other judicial | 22 | | circuits,
a group consisting of the chief judges of those | 23 | | circuits, acting jointly by
majority vote, is the public | 24 | | employer and employer representative.
| 25 | | (p) "Security employee" means an employee who is | 26 | | responsible for the
supervision and control of inmates at |
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| 1 | | correctional facilities. The term
also includes other | 2 | | non-security employees in bargaining units having the
majority | 3 | | of employees being responsible for the supervision and control | 4 | | of
inmates at correctional facilities.
| 5 | | (q) "Short-term employee" means an employee who is employed | 6 | | for less
than 2 consecutive calendar quarters during a calendar | 7 | | year and who does
not have a reasonable assurance that he or | 8 | | she will be rehired by the
same employer for the same service | 9 | | in a subsequent calendar year.
| 10 | | (q-5) "State agency" means an agency directly responsible | 11 | | to the Governor, as defined in Section 3.1 of the Executive | 12 | | Reorganization Implementation Act, and the Illinois Commerce | 13 | | Commission, the Illinois Workers' Compensation Commission, the | 14 | | Civil Service Commission, the Pollution Control Board, the | 15 | | Illinois Racing Board, and the Department of State Police Merit | 16 | | Board. | 17 | | (r) "Supervisor" is: | 18 | | (1) An employee whose principal work is substantially
| 19 | | different from that of his or her subordinates and who has | 20 | | authority, in the
interest of the employer, to hire, | 21 | | transfer, suspend, lay off, recall,
promote, discharge, | 22 | | direct, reward, or discipline employees, to adjust
their | 23 | | grievances, or to effectively recommend any of those | 24 | | actions, if the
exercise
of that authority is not of a | 25 | | merely routine or clerical nature, but
requires the | 26 | | consistent use of independent judgment. Except with |
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| 1 | | respect to
police employment, the term "supervisor" | 2 | | includes only those individuals
who devote a preponderance | 3 | | of their employment time to exercising that
authority, | 4 | | State supervisors notwithstanding. Nothing in this | 5 | | definition prohibits an individual from also meeting the | 6 | | definition of "managerial employee" under subsection (j) | 7 | | of this Section. In addition, in determining
supervisory | 8 | | status in police employment, rank shall not be | 9 | | determinative.
The Board shall consider, as evidence of | 10 | | bargaining unit inclusion or
exclusion, the common law | 11 | | enforcement policies and relationships between
police | 12 | | officer ranks and certification under applicable civil | 13 | | service law,
ordinances, personnel codes, or Division 2.1 | 14 | | of Article 10 of the Illinois
Municipal Code, but these | 15 | | factors shall not
be the sole or predominant factors | 16 | | considered by the Board in determining
police supervisory | 17 | | status.
| 18 | | Notwithstanding the provisions of the preceding | 19 | | paragraph, in determining
supervisory status in fire | 20 | | fighter employment, no fire fighter shall be
excluded as a | 21 | | supervisor who has established representation rights under
| 22 | | Section 9 of this Act. Further, in new fire fighter units, | 23 | | employees shall
consist of fire fighters of the rank of | 24 | | company officer and below. If a company officer otherwise | 25 | | qualifies as a supervisor under the preceding paragraph, | 26 | | however, he or she shall
not be included in the fire |
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| 1 | | fighter
unit. If there is no rank between that of chief and | 2 | | the
highest company officer, the employer may designate a | 3 | | position on each
shift as a Shift Commander, and the | 4 | | persons occupying those positions shall
be supervisors. | 5 | | All other ranks above that of company officer shall be
| 6 | | supervisors.
| 7 | | (2) With respect only to State employees in positions | 8 | | under the jurisdiction of the Attorney General, Secretary | 9 | | of State, Comptroller, or Treasurer (i) that were certified | 10 | | in a bargaining unit on or after December 2, 2008, (ii) for | 11 | | which a petition is filed with the Illinois Public Labor | 12 | | Relations Board on or after April 5, 2013 (the effective | 13 | | date of Public Act 97-1172), or (iii) for which a petition | 14 | | is pending before the Illinois Public Labor Relations Board | 15 | | on that date, an employee who qualifies as a supervisor | 16 | | under (A) Section 152 of the National Labor Relations Act | 17 | | and (B) orders of the National Labor Relations Board | 18 | | interpreting that provision or decisions of courts | 19 | | reviewing decisions of the National Labor Relations Board. | 20 | | (s)(1) "Unit" means a class of jobs or positions that are | 21 | | held by
employees whose collective interests may suitably be | 22 | | represented by a labor
organization for collective bargaining. | 23 | | Except with respect to non-State fire
fighters and paramedics | 24 | | employed by fire departments and fire protection
districts, | 25 | | non-State peace officers, and peace officers in the Department | 26 | | of
State Police, a bargaining unit determined by the Board |
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| 1 | | shall not include both
employees and supervisors, or | 2 | | supervisors only, except as provided in paragraph
(2) of this | 3 | | subsection (s) and except for bargaining units in existence on | 4 | | July
1, 1984 (the effective date of this Act). With respect to | 5 | | non-State fire
fighters and paramedics employed by fire | 6 | | departments and fire protection
districts, non-State peace | 7 | | officers, and peace officers in the Department of
State Police, | 8 | | a bargaining unit determined by the Board shall not include | 9 | | both
supervisors and nonsupervisors, or supervisors only, | 10 | | except as provided in
paragraph (2) of this subsection (s) and | 11 | | except for bargaining units in
existence on January 1, 1986 | 12 | | (the effective date of this amendatory Act of
1985). A | 13 | | bargaining unit determined by the Board to contain peace | 14 | | officers
shall contain no employees other than peace officers | 15 | | unless otherwise agreed to
by the employer and the labor | 16 | | organization or labor organizations involved.
Notwithstanding | 17 | | any other provision of this Act, a bargaining unit, including a
| 18 | | historical bargaining unit, containing sworn peace officers of | 19 | | the Department
of Natural Resources (formerly designated the | 20 | | Department of Conservation) shall
contain no employees other | 21 | | than such sworn peace officers upon the effective
date of this | 22 | | amendatory Act of 1990 or upon the expiration date of any
| 23 | | collective bargaining agreement in effect upon the effective | 24 | | date of this
amendatory Act of 1990 covering both such sworn | 25 | | peace officers and other
employees.
| 26 | | (2) Notwithstanding the exclusion of supervisors from |
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| 1 | | bargaining units
as provided in paragraph (1) of this | 2 | | subsection (s), a public
employer may agree to permit its | 3 | | supervisory employees to form bargaining units
and may bargain | 4 | | with those units. This Act shall apply if the public employer
| 5 | | chooses to bargain under this subsection.
| 6 | | (3) Public employees who are court reporters, as defined
in | 7 | | the Court Reporters Act,
shall be divided into 3 units for | 8 | | collective bargaining purposes. One unit
shall be court | 9 | | reporters employed by the Cook County Judicial Circuit; one
| 10 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 11 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 12 | | and one unit shall be court reporters employed by all other
| 13 | | judicial circuits.
| 14 | | (t) "Active petition for certification in a bargaining | 15 | | unit" means a petition for certification filed with the Board | 16 | | under one of the following case numbers: S-RC-11-110; | 17 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 18 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 19 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 20 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 21 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 22 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 23 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 24 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 25 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 26 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
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| 1 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 2 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 3 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 4 | | S-RC-07-100. | 5 | | (Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14; | 6 | | 99-143, eff. 7-27-15.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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