(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Board" means the Illinois
Labor Relations Board or, with respect to a matter over which the
jurisdiction of the Board is assigned to the State Panel or the Local Panel
under Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms and conditions
of employment, including hours, wages, and other conditions of employment,
as detailed in Section 7 and which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the regular course
of his or her duties, assists and acts in a confidential capacity to persons
who formulate, determine, and effectuate management policies with regard
to labor relations or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
Determinations of confidential employee status shall be based on actual employee job duties and not solely on written job descriptions.
(d) "Craft employees" means skilled journeymen, crafts persons, and their
apprentices and helpers.
(e) "Essential services employees" means those public employees
performing functions so essential that the interruption or termination of
the function will constitute a clear and present danger to the health and
safety of the persons in the affected community.
(f) "Exclusive representative", except with respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the
Illinois State Police, means the labor organization that has
been (i) designated by the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with the procedures
contained in this Act; (ii) historically
recognized by the State of Illinois or
any political subdivision of the State before July 1, 1984
(the effective date of this
Act) as the exclusive representative of the employees in an appropriate
bargaining unit; (iii) after July 1, 1984 (the
effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive representative by a
majority of the employees in an appropriate bargaining unit;
(iv) recognized as the exclusive representative of personal
assistants under Executive Order 2003-8 prior to July 16, 2003 (the effective date of Public Act 93-204), and the organization shall be considered to
be the
exclusive representative of the personal assistants
as defined
in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to January 1, 2006 (the effective date of Public Act 94-320), and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.
With respect to non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace officers, and
peace officers in the Illinois State Police,
"exclusive representative" means the labor organization that has
been (i) designated by the Board as the representative of a majority of peace
officers or fire fighters in an appropriate bargaining unit in accordance
with the procedures contained in this Act, (ii)
historically recognized
by the State of Illinois or any political subdivision of the State before
January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1,
1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit.
Where a historical pattern of representation exists for the workers of a water system that was owned by a public utility, as defined in Section 3-105 of the Public Utilities Act, prior to becoming certified employees of a municipality or municipalities once the municipality or municipalities have acquired the water system as authorized in Section 11-124-5 of the Illinois Municipal Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under this Act, and shall find the unit represented by the exclusive representative to be the appropriate unit. (g) "Fair share agreement" means an agreement between the employer and
an employee organization under which all or any of the employees in a
collective bargaining unit are required to pay their proportionate share of
the costs of the collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions of employment,
but not to exceed the amount of dues uniformly required of members. The
amount certified by the exclusive representative shall not include any fees
for contributions related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making
voluntary political contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act only, any
person who has been or is hereafter appointed to a fire department or fire
protection district or employed by a state university and sworn or
commissioned to perform fire fighter duties or paramedic duties, including paramedics employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely expected to
perform fire fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois, as provided
for under Article IV of the Constitution of the State of Illinois, and
includes, but is not limited to, the House of Representatives, the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, the Minority Leader
of the Senate, the Joint Committee on Legislative Support Services, and any
legislative support services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State, the State Panel of
the Illinois Labor Relations Board, the Director of the Department of Central
Management Services, and the Director of the Department of Labor; the county
board in the case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide for expenditures
of its funds in the case of any other unit of government.
(i) "Labor organization" means any organization in which public employees
participate and that exists for the purpose, in whole or in part, of dealing
with a public employer concerning wages, hours, and other terms and conditions
of employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action. (j) "Managerial employee" means an individual who is engaged
predominantly in executive and management functions and is charged with the
responsibility of directing the effectuation of management policies
and practices. Determination of managerial employee status shall be based on actual employee job duties and not solely on written job descriptions. With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, "managerial employee" means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy. Nothing in this definition prohibits an individual from also meeting the definition of "supervisor" under subsection (r) of this Section.
(k) "Peace officer" means, for the purposes of this Act only, any
persons who have been or are hereafter appointed to a police force,
department, or agency and sworn or commissioned to perform police duties,
except that the following persons are not
included: part-time police
officers, special police officers, auxiliary police as defined by Section
3.1-30-20 of the Illinois Municipal Code, night watchmen, "merchant police",
court security officers as defined by Section 3-6012.1 of the Counties
Code,
temporary employees, traffic guards or wardens, civilian parking meter and
parking facilities personnel or other individuals specially appointed to
aid or direct traffic at or near schools or public functions or to aid in
civil defense or disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who are not
routinely expected to effect arrests, parking lot attendants, clerks and
dispatchers or other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor organizations, public
employees, associations, corporations, legal representatives, trustees,
trustees in bankruptcy, receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not include the General
Assembly of the State of Illinois or any individual employed by the General
Assembly of the State of Illinois.
(m) "Professional employee" means any employee engaged in work predominantly
intellectual and varied in character rather than routine mental, manual,
mechanical or physical work; involving the consistent exercise of discretion
and adjustment in its performance; of such a character that the output produced
or the result accomplished cannot be standardized in relation to a given
period of time; and requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a hospital,
as distinguished from a general academic education or from apprenticeship
or from training in the performance of routine mental, manual, or physical
processes; or any employee who has completed the courses of specialized
intellectual instruction and study prescribed in this subsection (m) and is
performing related
work under the supervision of a professional person to qualify to become
a professional employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of this Act, means
any individual employed by a public employer, including (i) interns and residents
at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not
before, personal assistants working under the Home
Services
Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to
the
limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities
Act,
(iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before July 19, 2013 (the effective date of Public Act 98-100), and (vi) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following: employees of the
General Assembly of the State of Illinois; elected officials; executive
heads of a department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General; employees of each
Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics Commission; the Auditor
General's Inspector General; employees of the Office of the Auditor General's
Inspector General; the Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office
of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics Commission;
employees
of any
agency, board or commission created by this Act; employees appointed to
State positions of a temporary or emergency nature; all employees of school
districts and higher education institutions except firefighters and peace
officers employed
by a state university and except peace officers employed by a school district in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257); managerial employees; short-term employees; legislative liaisons; a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation; a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code; a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code; employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172); a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code; any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employment position properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and supervisors except as
provided in this Act.
Home care
and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered
public
employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of vicarious
liability in tort
and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees
Group
Insurance Act of 1971.
Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971. Notwithstanding Section 9, subsection (c), or any other provisions of
this Act, all peace officers above the rank of captain in
municipalities with more than 1,000,000 inhabitants shall be excluded
from this Act.
(o) Except as otherwise in subsection (o-5), "public employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or school
district; authorities including departments, divisions, bureaus, boards,
commissions, or other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or implied, on
behalf of those entities in dealing with its employees.
As of July 16, 2003 (the effective date of Public Act 93-204),
but not
before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program
under
Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the
limitations set forth
in this Act and in the Rehabilitation of Persons with Disabilities Act. As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act. The State shall not
be
considered to be the employer of home care and home health workers who function as personal
assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort
and
purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as
personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group
Insurance Act of 1971.
As of January 1, 2006 (the effective date of Public Act 94-320), but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971. "Public employer" or
"employer" as used in this Act, however, does not
mean and shall not include the General Assembly of the State of Illinois,
the Executive Ethics Commission, the Offices of the Executive Inspectors
General, the Legislative Ethics Commission, the Office of the Legislative
Inspector General, the Office of the Auditor General's Inspector General, the Office of the Governor, the Governor's Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois
Educational Labor Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257). County boards and county
sheriffs shall be
designated as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this subsection
(o) shall be construed
to prevent the State Panel or the Local Panel
from determining that employers are joint or co-employers.
(o-5) With respect to
wages, fringe
benefits, hours, holidays, vacations, proficiency
examinations, sick leave, and other conditions of
employment, the public employer of public employees who are court reporters, as
defined in the Court Reporters Act, shall be determined as
follows:
(1) For court reporters employed by the Cook County |