Full Text of SB3016 98th General Assembly
SB3016 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3016 Introduced 2/7/2014, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 |
|
Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB3016 | | LRB098 17375 OMW 52473 b |
|
| 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. A |
| | | SB3016 | - 2 - | LRB098 17375 OMW 52473 b |
|
| 1 | | secretary, assistant, or one of like position to a person who | 2 | | formulates, determines, and effectuates labor relations policy | 3 | | is presumed to be a "confidential employee". The following is | 4 | | considered to be a person who formulates, determines, and | 5 | | effectuates labor relations policy under the Act: (i) the | 6 | | mayor, village president, county board president, county board | 7 | | chairman, or other chief executive officer of a unit of local | 8 | | government, and (ii) any village or city manager or village or | 9 | | city administrator, or anyone in a like position in any unit of | 10 | | local government.
| 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
Department of State Police, | 22 | | means the labor organization that has
been (i) designated by | 23 | | the Board as the representative of a majority of public
| 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 |
| | | SB3016 | - 3 - | LRB098 17375 OMW 52473 b |
|
| 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 labor
| 6 | | organization has been designated as the exclusive | 7 | | representative by a
majority of the employees in an appropriate | 8 | | bargaining unit;
(iv) recognized as the exclusive | 9 | | representative of personal care attendants
or personal
| 10 | | assistants under Executive Order 2003-8 prior to the effective | 11 | | date of this
amendatory
Act of the 93rd General Assembly, and | 12 | | the organization shall be considered to
be the
exclusive | 13 | | representative of the personal care attendants or personal | 14 | | assistants
as defined
in this Section; or (v) recognized as the | 15 | | exclusive representative of child and day care home providers, | 16 | | including licensed and license exempt providers, pursuant to an | 17 | | election held under Executive Order 2005-1 prior to the | 18 | | effective date of this amendatory Act of the 94th General | 19 | | Assembly, and the organization shall be considered to be the | 20 | | exclusive representative of the child and day care home | 21 | | providers as defined in this Section.
| 22 | | With respect to non-State fire fighters and paramedics | 23 | | employed by fire
departments and fire protection districts, | 24 | | non-State peace officers, and
peace officers in the Department | 25 | | of State Police,
"exclusive representative" means the labor | 26 | | organization that has
been (i) designated by the Board as the |
| | | SB3016 | - 4 - | LRB098 17375 OMW 52473 b |
|
| 1 | | representative of a majority of peace
officers or fire fighters | 2 | | in an appropriate bargaining unit in accordance
with the | 3 | | procedures contained in this Act, (ii)
historically recognized
| 4 | | by the State of Illinois or any political subdivision of the | 5 | | State before
January 1, 1986 (the effective date of this | 6 | | amendatory Act of 1985) as the exclusive
representative by a | 7 | | majority of the peace officers or fire fighters in an
| 8 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 9 | | (the effective date of this amendatory
Act of 1985) recognized | 10 | | by an employer upon evidence, acceptable to the
Board, that the | 11 | | labor organization has been designated as the exclusive
| 12 | | representative by a majority of the peace officers or fire | 13 | | fighters in an
appropriate bargaining unit.
| 14 | | Where a historical pattern of representation exists for the | 15 | | workers of a water system that was owned by a public utility, | 16 | | as defined in Section 3-105 of the Public Utilities Act, prior | 17 | | to becoming certified employees of a municipality or | 18 | | municipalities once the municipality or municipalities have | 19 | | acquired the water system as authorized in Section 11-124-5 of | 20 | | the Illinois Municipal Code, the Board shall find the labor | 21 | | organization that has historically represented the workers to | 22 | | be the exclusive representative under this Act, and shall find | 23 | | the unit represented by the exclusive representative to be the | 24 | | appropriate unit. | 25 | | (g) "Fair share agreement" means an agreement between the | 26 | | employer and
an employee organization under which all or any of |
| | | SB3016 | - 5 - | LRB098 17375 OMW 52473 b |
|
| 1 | | the employees in a
collective bargaining unit are required to | 2 | | pay their proportionate share of
the costs of the collective | 3 | | bargaining process, contract administration, and
pursuing | 4 | | matters affecting wages, hours, and other conditions of | 5 | | employment,
but not to exceed the amount of dues uniformly | 6 | | required of members. The
amount certified by the exclusive | 7 | | representative shall not include any fees
for contributions | 8 | | related to the election or support of any candidate for
| 9 | | political office. Nothing in this subsection (g) shall
preclude | 10 | | an employee from making
voluntary political contributions in | 11 | | conjunction with his or her fair share
payment.
| 12 | | (g-1) "Fire fighter" means, for the purposes of this Act | 13 | | only, any
person who has been or is hereafter appointed to a | 14 | | fire department or fire
protection district or employed by a | 15 | | state university and sworn or
commissioned to perform fire | 16 | | fighter duties or paramedic duties, except that the
following | 17 | | persons are not included: part-time fire fighters,
auxiliary, | 18 | | reserve or voluntary fire fighters, including paid on-call fire
| 19 | | fighters, clerks and dispatchers or other civilian employees of | 20 | | a fire
department or fire protection district who are not | 21 | | routinely expected to
perform fire fighter duties, or elected | 22 | | officials.
| 23 | | (g-2) "General Assembly of the State of Illinois" means the
| 24 | | legislative branch of the government of the State of Illinois, | 25 | | as provided
for under Article IV of the Constitution of the | 26 | | State of Illinois, and
includes but is not limited to the House |
| | | SB3016 | - 6 - | LRB098 17375 OMW 52473 b |
|
| 1 | | of Representatives, the Senate,
the Speaker of the House of | 2 | | Representatives, the Minority Leader of the
House of | 3 | | Representatives, the President of the Senate, the Minority | 4 | | Leader
of the Senate, the Joint Committee on Legislative | 5 | | Support Services and any
legislative support services agency | 6 | | listed in the Legislative Commission
Reorganization Act of | 7 | | 1984.
| 8 | | (h) "Governing body" means, in the case of the State, the | 9 | | State Panel of
the Illinois Labor Relations Board, the Director | 10 | | of the Department of Central
Management Services, and the | 11 | | Director of the Department of Labor; the county
board in the | 12 | | case of a county; the corporate authorities in the case of a
| 13 | | municipality; and the appropriate body authorized to provide | 14 | | for expenditures
of its funds in the case of any other unit of | 15 | | government.
| 16 | | (i) "Labor organization" means any organization in which | 17 | | public employees
participate and that exists for the purpose, | 18 | | in whole or in part, of dealing
with a public employer | 19 | | concerning wages, hours, and other terms and conditions
of | 20 | | employment, including the settlement of grievances.
| 21 | | (i-5) "Legislative liaison" means a person who is an | 22 | | employee of a State agency, the Attorney General, the Secretary | 23 | | of State, the Comptroller, or the Treasurer, as the case may | 24 | | be, and whose job duties require the person to regularly | 25 | | communicate in the course of his or her employment with any | 26 | | official or staff of the General Assembly of the State of |
| | | SB3016 | - 7 - | LRB098 17375 OMW 52473 b |
|
| 1 | | Illinois for the purpose of influencing any legislative action. | 2 | | (j) "Managerial employee" means an individual who is | 3 | | engaged
predominantly in executive and management functions | 4 | | and is charged with the
responsibility of directing the | 5 | | effectuation of management policies
and practices. With | 6 | | respect only to State employees in positions under the | 7 | | jurisdiction of the Attorney General, Secretary of State, | 8 | | Comptroller, or Treasurer (i) that were certified in a | 9 | | bargaining unit on or after December 2, 2008, (ii) for which a | 10 | | petition is filed with the Illinois Public Labor Relations | 11 | | Board on or after April 5, 2013 (the effective date of Public | 12 | | Act 97-1172), or (iii) for which a petition is pending before | 13 | | the Illinois Public Labor Relations Board on that date, | 14 | | "managerial employee" means an individual who is engaged in | 15 | | executive and management functions or who is charged with the | 16 | | effectuation of management policies and practices or who | 17 | | represents management interests by taking or recommending | 18 | | discretionary actions that effectively control or implement | 19 | | policy. Nothing in this definition prohibits an individual from | 20 | | also meeting the definition of "supervisor" under subsection | 21 | | (r) of this Section.
| 22 | | (k) "Peace officer" means, for the purposes of this Act | 23 | | only, any
persons who have been or are hereafter appointed to a | 24 | | police force,
department, or agency and sworn or commissioned | 25 | | to perform police duties,
except that the following persons are | 26 | | not
included: part-time police
officers, special police |
| | | SB3016 | - 8 - | LRB098 17375 OMW 52473 b |
|
| 1 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 2 | | the Illinois Municipal Code, night watchmen, "merchant | 3 | | police",
court security officers as defined by Section 3-6012.1 | 4 | | of the Counties
Code,
temporary employees, traffic guards or | 5 | | wardens, civilian parking meter and
parking facilities | 6 | | personnel or other individuals specially appointed to
aid or | 7 | | direct traffic at or near schools or public functions or to aid | 8 | | in
civil defense or disaster, parking enforcement employees who | 9 | | are not
commissioned as peace officers and who are not armed | 10 | | and who are not
routinely expected to effect arrests, parking | 11 | | lot attendants, clerks and
dispatchers or other civilian | 12 | | employees of a police department who are not
routinely expected | 13 | | to effect arrests, or elected officials.
| 14 | | (l) "Person" includes one or more individuals, labor | 15 | | organizations, public
employees, associations, corporations, | 16 | | legal representatives, trustees,
trustees in bankruptcy, | 17 | | receivers, or the State of Illinois or any political
| 18 | | subdivision of the State or governing body, but does not | 19 | | include the General
Assembly of the State of Illinois or any | 20 | | individual employed by the General
Assembly of the State of | 21 | | Illinois.
| 22 | | (m) "Professional employee" means any employee engaged in | 23 | | work predominantly
intellectual and varied in character rather | 24 | | than routine mental, manual,
mechanical or physical work; | 25 | | involving the consistent exercise of discretion
and adjustment | 26 | | in its performance; of such a character that the output |
| | | SB3016 | - 9 - | LRB098 17375 OMW 52473 b |
|
| 1 | | produced
or the result accomplished cannot be standardized in | 2 | | relation to a given
period of time; and requiring advanced | 3 | | knowledge in a field of science or
learning customarily | 4 | | acquired by a prolonged course of specialized intellectual
| 5 | | instruction and study in an institution of higher learning or a | 6 | | hospital,
as distinguished from a general academic education or | 7 | | from apprenticeship
or from training in the performance of | 8 | | routine mental, manual, or physical
processes; or any employee | 9 | | who has completed the courses of specialized
intellectual | 10 | | instruction and study prescribed in this subsection (m) and is
| 11 | | performing related
work under the supervision of a professional | 12 | | person to qualify to become
a professional employee as defined | 13 | | in this subsection (m).
| 14 | | (n) "Public employee" or "employee", for the purposes of | 15 | | this Act, means
any individual employed by a public employer, | 16 | | including (i) interns and residents
at public hospitals, (ii) | 17 | | as of the effective date of this amendatory Act of the 93rd | 18 | | General
Assembly, but not
before, personal care attendants and | 19 | | personal assistants working under the Home
Services
Program | 20 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 21 | | subject to
the
limitations set forth in this Act and in the | 22 | | Disabled Persons Rehabilitation
Act,
(iii) as of the effective | 23 | | date of this amendatory Act of the 94th General Assembly, but | 24 | | not before, child and day care home providers participating in | 25 | | the child care assistance program under Section 9A-11 of the | 26 | | Illinois Public Aid Code, subject to the limitations set forth |
| | | SB3016 | - 10 - | LRB098 17375 OMW 52473 b |
|
| 1 | | in this Act and in Section 9A-11 of the Illinois Public Aid | 2 | | Code, (iv) as of January 29, 2013 (the effective date of Public | 3 | | Act 97-1158), but not before except as otherwise provided in | 4 | | this subsection (n), home care and home health workers who | 5 | | function as personal care attendants, personal assistants, and | 6 | | individual maintenance home health workers and who also work | 7 | | under the Home Services Program under Section 3 of the Disabled | 8 | | Persons Rehabilitation Act, no matter whether the State | 9 | | provides those services through direct fee-for-service | 10 | | arrangements, with the assistance of a managed care | 11 | | organization or other intermediary, or otherwise, (v) | 12 | | beginning on the effective date of this amendatory Act of the | 13 | | 98th General Assembly and notwithstanding any other provision | 14 | | of this Act, any person employed by a public employer and who | 15 | | is classified as or who holds the employment title of Chief | 16 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 17 | | Sewage Plant Operator, Water Plant Operator, Stationary | 18 | | Engineer, Plant Operating Engineer, and any other employee who | 19 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 20 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 21 | | Technical Manager III, Technical Manager IV, Technical Manager | 22 | | V, Technical Manager VI, Realty Specialist III, Realty | 23 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 24 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 25 | | IV, or Technical Advisor V employed by the Department of | 26 | | Transportation who is in a position which is certified in a |
| | | SB3016 | - 11 - | LRB098 17375 OMW 52473 b |
|
| 1 | | bargaining unit on or before the effective date of this | 2 | | amendatory Act of the 98th General Assembly, and (vi) beginning | 3 | | on the effective date of this amendatory Act of the 98th | 4 | | General Assembly and notwithstanding any other provision of | 5 | | this Act, any mental health administrator in the Department of | 6 | | Corrections who is classified as or who holds the position of | 7 | | Public Service Administrator (Option 8K), any employee of the | 8 | | Office of the Inspector General in the Department of Human | 9 | | Services who is classified as or who holds the position of | 10 | | Public Service Administrator (Option 7), any Deputy of | 11 | | Intelligence in the Department of Corrections who is classified | 12 | | as or who holds the position of Public Service Administrator | 13 | | (Option 7), and any employee of the Department of State Police | 14 | | who handles issues concerning the Illinois State Police Sex | 15 | | Offender Registry and who is classified as or holds the | 16 | | position of Public Service Administrator (Option 7), but | 17 | | excluding all of the following: employees of the
General | 18 | | Assembly of the State of Illinois; elected officials; executive
| 19 | | heads of a department; members of boards or commissions; the | 20 | | Executive
Inspectors General; any special Executive Inspectors | 21 | | General; employees of each
Office of an Executive Inspector | 22 | | General;
commissioners and employees of the Executive Ethics | 23 | | Commission; the Auditor
General's Inspector General; employees | 24 | | of the Office of the Auditor General's
Inspector General; the | 25 | | Legislative Inspector General; any special Legislative
| 26 | | Inspectors General; employees of the Office
of the Legislative |
| | | SB3016 | - 12 - | LRB098 17375 OMW 52473 b |
|
| 1 | | Inspector General;
commissioners and employees of the | 2 | | Legislative Ethics Commission;
employees
of any
agency, board | 3 | | or commission created by this Act; employees appointed to
State | 4 | | positions of a temporary or emergency nature; all employees of | 5 | | school
districts and higher education institutions except | 6 | | firefighters and peace
officers employed
by a state university | 7 | | and except peace officers employed by a school district in its | 8 | | own police department in existence on the effective date of | 9 | | this amendatory Act of the 96th General Assembly; managerial | 10 | | employees; short-term employees; legislative liaisons; a | 11 | | person who is a State employee under the jurisdiction of the | 12 | | Office of the Attorney General who is licensed to practice law | 13 | | or whose position authorizes, either directly or indirectly, | 14 | | meaningful input into government decision-making on issues | 15 | | where there is room for principled disagreement on goals or | 16 | | their implementation; a person who is a State employee under | 17 | | the jurisdiction of the Office of the Comptroller who holds the | 18 | | position of Public Service Administrator or whose position is | 19 | | otherwise exempt under the Comptroller Merit Employment Code; a | 20 | | person who is a State employee under the jurisdiction of the | 21 | | Secretary of State who holds the position classification of | 22 | | Executive I or higher, whose position authorizes, either | 23 | | directly or indirectly, meaningful input into government | 24 | | decision-making on issues where there is room for principled | 25 | | disagreement on goals or their implementation, or who is | 26 | | otherwise exempt under the Secretary of State Merit Employment |
| | | SB3016 | - 13 - | LRB098 17375 OMW 52473 b |
|
| 1 | | Code; employees in the Office of the Secretary of State who are | 2 | | completely exempt from jurisdiction B of the Secretary of State | 3 | | Merit Employment Code and who are in Rutan-exempt positions on | 4 | | or after April 5, 2013 (the effective date of Public Act | 5 | | 97-1172); a person who is a State employee under the | 6 | | jurisdiction of the Treasurer who holds a position that is | 7 | | exempt from the State Treasurer Employment Code; any employee | 8 | | of a State agency who (i) holds the title or position of, or | 9 | | exercises substantially similar duties as a legislative | 10 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 11 | | Executive Director, Agency Deputy Director, Agency Chief | 12 | | Fiscal Officer, Agency Human Resources Director, Public | 13 | | Information Officer, or Chief Information Officer and (ii) was | 14 | | neither included in a bargaining unit nor subject to an active | 15 | | petition for certification in a bargaining unit; any employee | 16 | | of a State agency who (i) is in a position that is | 17 | | Rutan-exempt, as designated by the employer, and completely | 18 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 19 | | neither included in a bargaining unit nor subject to an active | 20 | | petition for certification in a bargaining unit; any term | 21 | | appointed employee of a State agency pursuant to Section 8b.18 | 22 | | or 8b.19 of the Personnel Code who was neither included in a | 23 | | bargaining unit nor subject to an active petition for | 24 | | certification in a bargaining unit; any employment position | 25 | | properly designated pursuant to Section 6.1 of this Act;
| 26 | | confidential employees; independent contractors; and |
| | | SB3016 | - 14 - | LRB098 17375 OMW 52473 b |
|
| 1 | | supervisors except as
provided in this Act.
| 2 | | Home care
and home health workers who function as personal | 3 | | care attendants, personal assistants, and individual | 4 | | maintenance home health workers and who also work under the | 5 | | Home Services Program under Section 3 of the Disabled Persons | 6 | | Rehabilitation Act shall not be considered
public
employees for | 7 | | any purposes not specifically provided for in Public Act 93-204 | 8 | | or Public Act 97-1158, including but not limited to, purposes | 9 | | of vicarious
liability in tort
and purposes of statutory | 10 | | retirement or health insurance benefits. Home care and home | 11 | | health workers who function as personal
care
attendants, | 12 | | personal assistants, and individual maintenance home health | 13 | | workers and who also work under the Home Services Program under | 14 | | Section 3 of the Disabled Persons Rehabilitation Act shall not | 15 | | be covered by the State Employees
Group
Insurance Act of 1971 | 16 | | (5 ILCS 375/).
| 17 | | Child and day care home providers shall not be considered | 18 | | public employees for any purposes not specifically provided for | 19 | | in this amendatory Act of the 94th General Assembly, including | 20 | | but not limited to, purposes of vicarious liability in tort and | 21 | | purposes of statutory retirement or health insurance benefits. | 22 | | Child and day care home providers shall not be covered by the | 23 | | State Employees Group Insurance Act of 1971. | 24 | | Notwithstanding Section 9, subsection (c), or any other | 25 | | provisions of
this Act, all peace officers above the rank of | 26 | | captain in
municipalities with more than 1,000,000 inhabitants |
| | | SB3016 | - 15 - | LRB098 17375 OMW 52473 b |
|
| 1 | | shall be excluded
from this Act.
| 2 | | (o) Except as otherwise in subsection (o-5), "public | 3 | | employer" or "employer" means the State of Illinois; any
| 4 | | political subdivision of the State, unit of local government or | 5 | | school
district; authorities including departments, divisions, | 6 | | bureaus, boards,
commissions, or other agencies of the | 7 | | foregoing entities; and any person
acting within the scope of | 8 | | his or her authority, express or implied, on
behalf of those | 9 | | entities in dealing with its employees.
As of the effective | 10 | | date of the amendatory Act of the 93rd General Assembly,
but | 11 | | not
before, the State of Illinois shall be considered the | 12 | | employer of the personal
care
attendants and personal | 13 | | assistants working under the Home Services Program
under
| 14 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 15 | | to the
limitations set forth
in this Act and in the Disabled | 16 | | Persons Rehabilitation Act. As of January 29, 2013 (the | 17 | | effective date of Public Act 97-1158), but not before except as | 18 | | otherwise provided in this subsection (o), the State shall be | 19 | | considered the employer of home care and home health workers | 20 | | who function as personal care attendants, personal assistants, | 21 | | and individual maintenance home health workers and who also | 22 | | work under the Home Services Program under Section 3 of the | 23 | | Disabled Persons Rehabilitation Act, no matter whether the | 24 | | State provides those services through direct fee-for-service | 25 | | arrangements, with the assistance of a managed care | 26 | | organization or other intermediary, or otherwise, but subject |
| | | SB3016 | - 16 - | LRB098 17375 OMW 52473 b |
|
| 1 | | to the limitations set forth in this Act and the Disabled | 2 | | Persons Rehabilitation Act. The State shall not
be
considered | 3 | | to be the employer of home care and home health workers who | 4 | | function as personal care attendants, personal
assistants, and | 5 | | individual maintenance home health workers and who also work | 6 | | under the Home Services Program under Section 3 of the Disabled | 7 | | Persons Rehabilitation Act, for any
purposes not specifically | 8 | | provided for in Public Act 93-204 or Public Act 97-1158, | 9 | | including but not limited to, purposes of vicarious liability | 10 | | in tort
and
purposes of statutory retirement or health | 11 | | insurance benefits. Home care and home health workers who | 12 | | function as personal care
attendants,
personal assistants, and | 13 | | individual maintenance home health workers and who also work | 14 | | under the Home Services Program under Section 3 of the Disabled | 15 | | Persons Rehabilitation Act shall not be covered by the State | 16 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly but not before, the State of Illinois shall be | 19 | | considered the employer of the day and child care home | 20 | | providers participating in the child care assistance program | 21 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 22 | | the limitations set forth in this Act and in Section 9A-11 of | 23 | | the Illinois Public Aid Code. The State shall not be considered | 24 | | to be the employer of child and day care home providers for any | 25 | | purposes not specifically provided for in this amendatory Act | 26 | | of the 94th General Assembly, including but not limited to, |
| | | SB3016 | - 17 - | LRB098 17375 OMW 52473 b |
|
| 1 | | purposes of vicarious liability in tort and purposes of | 2 | | statutory retirement or health insurance benefits. Child and | 3 | | day care home providers shall not be covered by the State | 4 | | Employees Group Insurance Act of 1971. | 5 | | "Public employer" or
"employer" as used in this Act, | 6 | | however, does not
mean and shall not include the General | 7 | | Assembly of the State of Illinois,
the Executive Ethics | 8 | | Commission, the Offices of the Executive Inspectors
General, | 9 | | the Legislative Ethics Commission, the Office of the | 10 | | Legislative
Inspector General, the Office of the Auditor | 11 | | General's Inspector General, the Office of the Governor, the | 12 | | Governor's Office of Management and Budget, the Illinois | 13 | | Finance Authority, the Office of the Lieutenant Governor, the | 14 | | State Board of Elections, and educational employers or | 15 | | employers as defined in the Illinois
Educational Labor | 16 | | Relations Act, except with respect to a state university in
its | 17 | | employment of firefighters and peace officers and except with | 18 | | respect to a school district in the employment of peace | 19 | | officers in its own police department in existence on the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly. County boards and county
sheriffs shall be
designated | 22 | | as joint or co-employers of county peace officers appointed
| 23 | | under the authority of a county sheriff. Nothing in this | 24 | | subsection
(o) shall be construed
to prevent the State Panel or | 25 | | the Local Panel
from determining that employers are joint or | 26 | | co-employers.
|
| | | SB3016 | - 18 - | LRB098 17375 OMW 52473 b |
|
| 1 | | (o-5) With respect to
wages, fringe
benefits, hours, | 2 | | holidays, vacations, proficiency
examinations, sick leave, and | 3 | | other conditions of
employment, the public employer of public | 4 | | employees who are court reporters, as
defined in the Court | 5 | | Reporters Act, shall be determined as
follows:
| 6 | | (1) For court reporters employed by the Cook County | 7 | | Judicial
Circuit, the chief judge of the Cook County | 8 | | Circuit
Court is the public employer and employer | 9 | | representative.
| 10 | | (2) For court reporters employed by the 12th, 18th, | 11 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 12 | | circuits, a group consisting of the chief judges of those | 13 | | circuits, acting
jointly by majority vote, is the public | 14 | | employer and employer representative.
| 15 | | (3) For court reporters employed by all other judicial | 16 | | circuits,
a group consisting of the chief judges of those | 17 | | circuits, acting jointly by
majority vote, is the public | 18 | | employer and employer representative.
| 19 | | (p) "Security employee" means an employee who is | 20 | | responsible for the
supervision and control of inmates at | 21 | | correctional facilities. The term
also includes other | 22 | | non-security employees in bargaining units having the
majority | 23 | | of employees being responsible for the supervision and control | 24 | | of
inmates at correctional facilities.
| 25 | | (q) "Short-term employee" means an employee who is employed | 26 | | for less
than 2 consecutive calendar quarters during a calendar |
| | | SB3016 | - 19 - | LRB098 17375 OMW 52473 b |
|
| 1 | | year and who does
not have a reasonable assurance that he or | 2 | | she will be rehired by the
same employer for the same service | 3 | | in a subsequent calendar year.
| 4 | | (q-5) "State agency" means an agency directly responsible | 5 | | to the Governor, as defined in Section 3.1 of the Executive | 6 | | Reorganization Implementation Act, and the Illinois Commerce | 7 | | Commission, the Illinois Workers' Compensation Commission, the | 8 | | Civil Service Commission, the Pollution Control Board, the | 9 | | Illinois Racing Board, and the Department of State Police Merit | 10 | | Board. | 11 | | (r) "Supervisor" is: | 12 | | (1) An employee whose principal work is substantially
| 13 | | different from that of his or her subordinates and who has | 14 | | authority, in the
interest of the employer, to hire, | 15 | | transfer, suspend, lay off, recall,
promote, discharge, | 16 | | direct, reward, or discipline employees, to adjust
their | 17 | | grievances, or to effectively recommend any of those | 18 | | actions, if the
exercise
of that authority is not of a | 19 | | merely routine or clerical nature, but
requires the | 20 | | consistent use of independent judgment. Except with | 21 | | respect to
police employment, the term "supervisor" | 22 | | includes only those individuals
who devote a preponderance | 23 | | of their employment time to exercising that
authority, | 24 | | State supervisors notwithstanding. Nothing in this | 25 | | definition prohibits an individual from also meeting the | 26 | | definition of "managerial employee" under subsection (j) |
| | | SB3016 | - 20 - | LRB098 17375 OMW 52473 b |
|
| 1 | | of this Section. In addition, in determining
supervisory | 2 | | status in police employment, rank shall not be | 3 | | determinative.
The Board shall consider, as evidence of | 4 | | bargaining unit inclusion or
exclusion, the common law | 5 | | enforcement policies and relationships between
police | 6 | | officer ranks and certification under applicable civil | 7 | | service law,
ordinances, personnel codes, or Division 2.1 | 8 | | of Article 10 of the Illinois
Municipal Code, but these | 9 | | factors shall not
be the sole or predominant factors | 10 | | considered by the Board in determining
police supervisory | 11 | | status.
| 12 | | Notwithstanding the provisions of the preceding | 13 | | paragraph, in determining
supervisory status in fire | 14 | | fighter employment, no fire fighter shall be
excluded as a | 15 | | supervisor who has established representation rights under
| 16 | | Section 9 of this Act. Further, in new fire fighter units, | 17 | | employees shall
consist of fire fighters of the rank of | 18 | | company officer and below. If a company officer otherwise | 19 | | qualifies as a supervisor under the preceding paragraph, | 20 | | however, he or she shall
not be included in the fire | 21 | | fighter
unit. If there is no rank between that of chief and | 22 | | the
highest company officer, the employer may designate a | 23 | | position on each
shift as a Shift Commander, and the | 24 | | persons occupying those positions shall
be supervisors. | 25 | | All other ranks above that of company officer shall be
| 26 | | supervisors.
|
| | | SB3016 | - 21 - | LRB098 17375 OMW 52473 b |
|
| 1 | | (2) With respect only to State employees in positions | 2 | | under the jurisdiction of the Attorney General, Secretary | 3 | | of State, Comptroller, or Treasurer (i) that were certified | 4 | | in a bargaining unit on or after December 2, 2008, (ii) for | 5 | | which a petition is filed with the Illinois Public Labor | 6 | | Relations Board on or after April 5, 2013 (the effective | 7 | | date of Public Act 97-1172), or (iii) for which a petition | 8 | | is pending before the Illinois Public Labor Relations Board | 9 | | on that date, an employee who qualifies as a supervisor | 10 | | under (A) Section 152 of the National Labor Relations Act | 11 | | and (B) orders of the National Labor Relations Board | 12 | | interpreting that provision or decisions of courts | 13 | | reviewing decisions of the National Labor Relations Board. | 14 | | (s)(1) "Unit" means a class of jobs or positions that are | 15 | | held by
employees whose collective interests may suitably be | 16 | | represented by a labor
organization for collective bargaining. | 17 | | Except with respect to non-State fire
fighters and paramedics | 18 | | employed by fire departments and fire protection
districts, | 19 | | non-State peace officers, and peace officers in the Department | 20 | | of
State Police, a bargaining unit determined by the Board | 21 | | shall not include both
employees and supervisors, or | 22 | | supervisors only, except as provided in paragraph
(2) of this | 23 | | subsection (s) and except for bargaining units in existence on | 24 | | July
1, 1984 (the effective date of this Act). With respect to | 25 | | non-State fire
fighters and paramedics employed by fire | 26 | | departments and fire protection
districts, non-State peace |
| | | SB3016 | - 22 - | LRB098 17375 OMW 52473 b |
|
| 1 | | officers, and peace officers in the Department of
State Police, | 2 | | a bargaining unit determined by the Board shall not include | 3 | | both
supervisors and nonsupervisors, or supervisors only, | 4 | | except as provided in
paragraph (2) of this subsection (s) and | 5 | | except for bargaining units in
existence on January 1, 1986 | 6 | | (the effective date of this amendatory Act of
1985). A | 7 | | bargaining unit determined by the Board to contain peace | 8 | | officers
shall contain no employees other than peace officers | 9 | | unless otherwise agreed to
by the employer and the labor | 10 | | organization or labor organizations involved.
Notwithstanding | 11 | | any other provision of this Act, a bargaining unit, including a
| 12 | | historical bargaining unit, containing sworn peace officers of | 13 | | the Department
of Natural Resources (formerly designated the | 14 | | Department of Conservation) shall
contain no employees other | 15 | | than such sworn peace officers upon the effective
date of this | 16 | | amendatory Act of 1990 or upon the expiration date of any
| 17 | | collective bargaining agreement in effect upon the effective | 18 | | date of this
amendatory Act of 1990 covering both such sworn | 19 | | peace officers and other
employees.
| 20 | | (2) Notwithstanding the exclusion of supervisors from | 21 | | bargaining units
as provided in paragraph (1) of this | 22 | | subsection (s), a public
employer may agree to permit its | 23 | | supervisory employees to form bargaining units
and may bargain | 24 | | with those units. This Act shall apply if the public employer
| 25 | | chooses to bargain under this subsection.
| 26 | | (3) Public employees who are court reporters, as defined
in |
| | | SB3016 | - 23 - | LRB098 17375 OMW 52473 b |
|
| 1 | | the Court Reporters Act,
shall be divided into 3 units for | 2 | | collective bargaining purposes. One unit
shall be court | 3 | | reporters employed by the Cook County Judicial Circuit; one
| 4 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 5 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 6 | | and one unit shall be court reporters employed by all other
| 7 | | judicial circuits.
| 8 | | (t) "Active petition for certification in a bargaining | 9 | | unit" means a petition for certification filed with the Board | 10 | | under one of the following case numbers: S-RC-11-110; | 11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 24 | | S-RC-07-100. | 25 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 26 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
|
| | | SB3016 | - 24 - | LRB098 17375 OMW 52473 b |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
|
|