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90_HB1063ham001
LRB9003852PTcwam
1 AMENDMENT TO HOUSE BILL 1063
2 AMENDMENT NO. . Amend House Bill 1063 on page 1,
3 lines 2 and 6, by replacing "Section 20", each time it
4 appears, with "Sections 9 and 20"; and
5 on page 1, immediately below line 6, by inserting the
6 following:
7 "(5 ILCS 315/9) (from Ch. 48, par. 1609)
8 Sec. 9. Elections; recognition.
9 (a) Whenever in accordance with such regulations as may
10 be prescribed by the Board a petition has been filed:
11 (1) by a public employee or group of public
12 employees or any labor organization acting in their
13 behalf demonstrating that 30% of the public employees in
14 an appropriate unit (A) wish to be represented for the
15 purposes of collective bargaining by a labor
16 organization as exclusive representative, or (B)
17 asserting that the labor organization which has been
18 certified or is currently recognized by the public
19 employer as bargaining representative is no longer the
20 representative of the majority of public employees in the
21 unit; or
22 (2) by a public employer alleging that one or more
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1 labor organizations have presented to it a claim that
2 they be recognized as the representative of a majority of
3 the public employees in an appropriate unit, the Board
4 shall investigate such petition, and if it has reasonable
5 cause to believe that a question of representation
6 exists, shall provide for an appropriate hearing upon due
7 notice. Such hearing shall be held at the offices of the
8 Board or such other location as the Board deems
9 appropriate. If it finds upon the record of the hearing
10 that a question of representation exists, it shall direct
11 an election in accordance with subsection (d) of this
12 Section, which election shall be held not later than 120
13 days after the date the petition was filed regardless of
14 whether that petition was filed before or after the
15 effective date of this amendatory Act of 1987; provided,
16 however, the Board may extend the time for holding an
17 election by an additional 60 days if, upon motion by a
18 person who has filed a petition under this Section or is
19 the subject of a petition filed under this Section and is
20 a party to such hearing, or upon the Board's own motion,
21 the Board finds that good cause has been shown for
22 extending the election date; provided further, that
23 nothing in this Section shall prohibit the Board, in its
24 discretion, from extending the time for holding an
25 election for so long as may be necessary under the
26 circumstances, where the purpose for such extension is to
27 permit resolution by the Board of an unfair labor
28 practice charge filed by one of the parties to a
29 representational proceeding against the other based upon
30 conduct which may either affect the existence of a
31 question concerning representation or have a tendency to
32 interfere with a fair and free election, where the party
33 filing the charge has not filed a request to proceed with
34 the election; and provided further that prior to the
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1 expiration of the total time allotted for holding an
2 election, a person who has filed a petition under this
3 Section or is the subject of a petition filed under this
4 Section and is a party to such hearing or the Board, may
5 move for and obtain the entry of an order in the circuit
6 court of the county in which the majority of the public
7 employees sought to be represented by such person reside,
8 such order extending the date upon which the election
9 shall be held. Such order shall be issued by the circuit
10 court only upon a judicial finding that there has been a
11 sufficient showing that there is good cause to extend the
12 election date beyond such period and shall require the
13 Board to hold the election as soon as is feasible given
14 the totality of the circumstances. Such 120 day period
15 may be extended one or more times by the agreement of all
16 parties to the hearing to a date certain without the
17 necessity of obtaining a court order. Nothing in this
18 Section prohibits the waiving of hearings by stipulation
19 for the purpose of a consent election in conformity with
20 the rules and regulations of the Board or an election in
21 a unit agreed upon by the parties. Other interested
22 employee organizations may intervene in the proceedings
23 in the manner and within the time period specified by
24 rules and regulations of the Board. Interested parties
25 who are necessary to the proceedings may also intervene
26 in the proceedings in the manner and within the time
27 period specified by the rules and regulations of the
28 Board.
29 (a-5) Whenever a petition has been filed demonstrating
30 that 75% or more of the employees of a unit of local
31 government employing 5 or more, but less than 35, employees
32 wish to be represented for the purposes of collective
33 bargaining by a labor organization as exclusive
34 representative, the Board shall investigate the petition, and
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1 if it has reason to believe that the petition has been
2 endorsed by 75% of the employees of the unit of local
3 government, shall provide for an appropriate hearing upon due
4 notice. The hearing shall be held at the offices of the
5 Board or at another location as the Board deems appropriate.
6 If the Board finds upon the record of the hearing that 75% or
7 more of the employees of the unit of local government wish to
8 be represented for purposes of collective bargaining by a
9 labor organization as exclusive representative, the Board
10 shall direct that the labor organization shall serve as the
11 exclusive representative of the bargaining unit named in the
12 petition.
13 (b) The Board shall decide in each case, in order to
14 assure public employees the fullest freedom in exercising the
15 rights guaranteed by this Act, a unit appropriate for the
16 purpose of collective bargaining, based upon but not limited
17 to such factors as: historical pattern of recognition;
18 community of interest including employee skills and
19 functions; degree of functional integration;
20 interchangeability and contact among employees; fragmentation
21 of employee groups; common supervision, wages, hours and
22 other working conditions of the employees involved; and the
23 desires of the employees. For purposes of this subsection,
24 fragmentation shall not be the sole or predominant factor
25 used by the Board in determining an appropriate bargaining
26 unit. Except with respect to non-State fire fighters and
27 paramedics employed by fire departments and fire protection
28 districts, non-State peace officers and peace officers in the
29 State Department of State Police, a single bargaining unit
30 determined by the Board may not include both supervisors and
31 nonsupervisors, except for bargaining units in existence on
32 the effective date of this Act. With respect to non-State
33 fire fighters and paramedics employed by fire departments and
34 fire protection districts, non-State peace officers and peace
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1 officers in the State Department of State Police, a single
2 bargaining unit determined by the Board may not include both
3 supervisors and nonsupervisors, except for bargaining units
4 in existence on the effective date of this amendatory Act of
5 1985.
6 In cases involving an historical pattern of recognition,
7 and in cases where the employer has recognized the union as
8 the sole and exclusive bargaining agent for a specified
9 existing unit, the Board shall find the employees in the unit
10 then represented by the union pursuant to the recognition to
11 be the appropriate unit.
12 Notwithstanding the above factors, where the majority of
13 public employees of a craft so decide, the Board shall
14 designate such craft as a unit appropriate for the purposes
15 of collective bargaining.
16 The Board shall not decide that any unit is appropriate
17 if such unit includes both professional and nonprofessional
18 employees, unless a majority of each group votes for
19 inclusion in such unit.
20 (c) Nothing in this Act shall interfere with or negate
21 the current representation rights or patterns and practices
22 of labor organizations which have historically represented
23 public employees for the purpose of collective bargaining,
24 including but not limited to the negotiations of wages, hours
25 and working conditions, discussions of employees' grievances,
26 resolution of jurisdictional disputes, or the establishment
27 and maintenance of prevailing wage rates, unless a majority
28 of employees so represented express a contrary desire
29 pursuant to the procedures set forth in this Act.
30 (d) In instances where the employer does not voluntarily
31 recognize a labor organization as the exclusive bargaining
32 representative for a unit of employees, the Board shall
33 determine the majority representative of the public employees
34 in an appropriate collective bargaining unit by conducting a
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1 secret ballot election. Within 7 days after the Board issues
2 its bargaining unit determination and direction of election
3 or the execution of a stipulation for the purpose of a
4 consent election, the public employer shall submit to the
5 labor organization the complete names and addresses of those
6 employees who are determined by the Board to be eligible to
7 participate in the election. When the Board has determined
8 that a labor organization has been fairly and freely chosen
9 by a majority of employees in an appropriate unit, it shall
10 certify such organization as the exclusive representative.
11 If the Board determines that a majority of employees in an
12 appropriate unit has fairly and freely chosen not to be
13 represented by a labor organization, it shall so certify. The
14 Board may also revoke the certification of the public
15 employee organizations as exclusive bargaining
16 representatives which have been found by a secret ballot
17 election to be no longer the majority representative.
18 (e) The Board shall not conduct an election in any
19 bargaining unit or any subdivision thereof within which a
20 valid election has been held in the preceding 12-month
21 period. The Board shall determine who is eligible to vote in
22 an election and shall establish rules governing the conduct
23 of the election or conduct affecting the results of the
24 election. The Board shall include on a ballot in a
25 representation election a choice of "no representation". A
26 labor organization currently representing the bargaining unit
27 of employees shall be placed on the ballot in any
28 representation election. In any election where none of the
29 choices on the ballot receives a majority, a runoff election
30 shall be conducted between the 2 choices receiving the
31 largest number of valid votes cast in the election. A labor
32 organization which receives a majority of the votes cast in
33 an election shall be certified by the Board as exclusive
34 representative of all public employees in the unit.
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1 (f) Nothing in this or any other Act prohibits
2 recognition of a labor organization as the exclusive
3 representative by a public employer by mutual consent of the
4 employer and the labor organization, provided that the labor
5 organization represents a majority of the public employees in
6 an appropriate unit. Any employee organization which is
7 designated or selected by the majority of public employees,
8 in a unit of the public employer having no other recognized
9 or certified representative, as their representative for
10 purposes of collective bargaining may request recognition by
11 the public employer in writing. The public employer shall
12 post such request for a period of at least 20 days following
13 its receipt thereof on bulletin boards or other places used
14 or reserved for employee notices.
15 (g) Within the 20-day period any other interested
16 employee organization may petition the Board in the manner
17 specified by rules and regulations of the Board, provided
18 that such interested employee organization has been
19 designated by at least 10% of the employees in an appropriate
20 bargaining unit which includes all or some of the employees
21 in the unit recognized by the employer. In such event, the
22 Board shall proceed with the petition in the same manner as
23 provided by paragraph (1) of subsection (a) of this Section.
24 (h) No election shall be directed by the Board in any
25 bargaining unit where there is in force a valid collective
26 bargaining agreement. The Board, however, may process an
27 election petition filed between 90 and 60 days prior to the
28 expiration of the date of an agreement, and may further
29 refine, by rule or decision, the implementation of this
30 provision. No collective bargaining agreement bars an
31 election upon the petition of persons not parties thereto
32 where more than 3 years have elapsed since the effective date
33 of the agreement.
34 (i) An order of the Board dismissing a representation
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1 petition, determining and certifying that a labor
2 organization has been fairly and freely chosen by a majority
3 of employees in an appropriate bargaining unit, determining
4 and certifying that a labor organization has not been fairly
5 and freely chosen by a majority of employees in the
6 bargaining unit or certifying a labor organization as the
7 exclusive representative of employees in an appropriate
8 bargaining unit because of a determination by the Board that
9 the labor organization is the historical bargaining
10 representative of employees in the bargaining unit, is a
11 final order. Any person aggrieved by any such order issued
12 on or after the effective date of this amendatory Act of 1987
13 may apply for and obtain judicial review in accordance with
14 provisions of the Administrative Review Law, as now or
15 hereafter amended, except that such review shall be afforded
16 directly in the Appellate Court for the district in which the
17 aggrieved party resides or transacts business. Any direct
18 appeal to the Appellate Court shall be filed within 35 days
19 from the date that a copy of the decision sought to be
20 reviewed was served upon the party affected by the decision.
21 (Source: P.A. 87-736; 88-1.)".