State of Illinois
91st General Assembly
Legislation

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91_HB0457eng

 
HB0457 Engrossed                               LRB9101082MWgc

 1        AN ACT to amend the Illinois Public Labor Relations Act.

 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"   or  "Governing  Board"  means  either  the
10    Illinois State Labor Relations Board or  the  Illinois  Local
11    Labor Relations Board.
12        (b)  "Collective  bargaining" means bargaining over terms
13    and conditions of employment,  including  hours,  wages,  and
14    other  conditions of employment, as detailed in Section 7 and
15    which are not excluded by Section 4.
16        (c)  "Confidential employee" means an  employee  who,  in
17    the  regular course of his or her duties, assists and acts in
18    a confidential capacity to persons who formulate,  determine,
19    and  effectuate  management  policies  with  regard  to labor
20    relations or who, in the regular course of his or her duties,
21    has  authorized  access  to  information  relating   to   the
22    effectuation   or   review   of   the  employer's  collective
23    bargaining policies.
24        (d)  "Craft employees" means skilled  journeymen,  crafts
25    persons, and their apprentices and helpers.
26        (e)  "Essential  services  employees"  means those public
27    employees  performing  functions  so   essential   that   the
28    interruption or termination of the function will constitute a
29    clear  and  present  danger  to  the health and safety of the
30    persons in the affected community.
31        (f)  "Exclusive representative", except with  respect  to
 
HB0457 Engrossed            -2-                LRB9101082MWgc
 1    non-State  fire  fighters  and  paramedics  employed  by fire
 2    departments and fire protection  districts,  non-State  peace
 3    officers,  and  peace  officers  in  the  Department of State
 4    Police, means  the  labor  organization  that  has  been  (i)
 5    designated  by  the Board as the representative of a majority
 6    of public employees in  an  appropriate  bargaining  unit  in
 7    accordance  with  the  procedures contained in this Act, (ii)
 8    historically recognized by  the  State  of  Illinois  or  any
 9    political  subdivision  of the State before July 1, 1984 (the
10    effective date of this Act) as the  exclusive  representative
11    of  the employees in an appropriate bargaining unit, or (iii)
12    after  July  1,  1984  (the  effective  date  of  this   Act)
13    recognized  by  an  employer upon evidence, acceptable to the
14    Board, that the labor organization has been designated as the
15    exclusive representative by a majority of the employees in an
16    appropriate bargaining unit.
17        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
20    Department  of State Police, "exclusive representative" means
21    the labor organization that has been (i)  designated  by  the
22    Board  as  the representative of a majority of peace officers
23    or  fire  fighters  in  an  appropriate  bargaining  unit  in
24    accordance with the procedures contained in  this  Act,  (ii)
25    historically  recognized  by  the  State  of  Illinois or any
26    political subdivision of the State  before  January  1,  1986
27    (the  effective  date  of this amendatory Act of 1985) as the
28    exclusive representative by a majority of the peace  officers
29    or  fire fighters in an appropriate bargaining unit, or (iii)
30    after January 1, 1986 (the effective date of this  amendatory
31    Act  of  1985)  recognized  by  an  employer  upon  evidence,
32    acceptable to the Board, that the labor organization has been
33    designated  as  the exclusive representative by a majority of
34    the  peace  officers  or  fire  fighters  in  an  appropriate
 
HB0457 Engrossed            -3-                LRB9101082MWgc
 1    bargaining unit.
 2        (g)  "Fair share agreement" means  an  agreement  between
 3    the  employer and an employee organization under which all or
 4    any of the employees in  a  collective  bargaining  unit  are
 5    required to pay their proportionate share of the costs of the
 6    collective  bargaining  process, contract administration, and
 7    pursuing matters affecting wages, hours, and other conditions
 8    of employment, but not to exceed the amount of dues uniformly
 9    required of members. The amount certified  by  the  exclusive
10    representative  shall  not include any fees for contributions
11    related to the election  or  support  of  any  candidate  for
12    political  office.  Nothing  in  this  subsection  (g)  shall
13    preclude   an   employee   from  making  voluntary  political
14    contributions in conjunction  with  his  or  her  fair  share
15    payment.
16        (g-1)  "Fire fighter" means, for the purposes of this Act
17    only,  any person who has been or is hereafter appointed to a
18    fire department or fire protection district or employed by  a
19    state  university  and  sworn or commissioned to perform fire
20    fighter duties or paramedic duties, except that the following
21    persons are not included: part-time fire fighters, auxiliary,
22    reserve or voluntary fire fighters,  including  paid  on-call
23    fire  fighters,  clerks  and  dispatchers  or  other civilian
24    employees of a fire department or  fire  protection  district
25    who  are  not  routinely  expected  to  perform  fire fighter
26    duties, or elected officials.
27        (g-2)  "General Assembly of the State of Illinois"  means
28    the  legislative  branch  of  the  government of the State of
29    Illinois,  as  provided  for  under   Article   IV   of   the
30    Constitution  of  the  State of Illinois, and includes but is
31    not limited to the House of Representatives, the Senate,  the
32    Speaker  of the House of Representatives, the Minority Leader
33    of the House of Representatives, the President of the Senate,
34    the Minority Leader of the Senate,  the  Joint  Committee  on
 
HB0457 Engrossed            -4-                LRB9101082MWgc
 1    Legislative  Support  Services  and  any  legislative support
 2    services  agency  listed  in   the   Legislative   Commission
 3    Reorganization Act of 1984.
 4        (h)  "Governing  body"  means,  in the case of the State,
 5    the  State  Labor  Relations  Board,  the  Director  of   the
 6    Department  of  Central Management Services, and the Director
 7    of the Department of Labor; the county board in the case of a
 8    county;  the  corporate  authorities  in  the   case   of   a
 9    municipality;  and the appropriate body authorized to provide
10    for expenditures of its funds in the case of any  other  unit
11    of government.
12        (i)  "Labor organization" means any organization in which
13    public employees participate and that exists for the purpose,
14    in  whole  or  in  part,  of  dealing  with a public employer
15    concerning wages, hours, and other terms  and  conditions  of
16    employment, including the settlement of grievances.
17        (j)  "Managerial  employee"  means  an  individual who is
18    engaged predominantly in executive and  management  functions
19    and  is  charged  with  the  responsibility  of directing the
20    effectuation  of  management  policies  and   practices.   No
21    employee may be considered a "managerial employee" because he
22    or  she  belongs  to  a  classification  of employees to whom
23    executive and management functions may be  delegated  without
24    proof that the employee has actually been delegated executive
25    and management functions on a regular basis.  No employee may
26    be  considered  a  "managerial  employee"  because  he or she
27    performs professional duties.  In determining  an  employee's
28    status  as  a "managerial employee", the Board shall consider
29    the employee's actual job duties and responsibilities and the
30    extent to which the employee has actual authority  concerning
31    the  overall  operations  and  governance  of  the employee's
32    office or workplace.
33        (k)  "Peace officer" means, for the purposes of this  Act
34    only, any persons who have been or are hereafter appointed to
 
HB0457 Engrossed            -5-                LRB9101082MWgc
 1    a   police   force,   department,  or  agency  and  sworn  or
 2    commissioned  to  perform  police  duties,  except  that  the
 3    following  persons  are  not   included:   part-time   police
 4    officers,   special  police  officers,  auxiliary  police  as
 5    defined by Section 3.1-30-20 of the Illinois Municipal  Code,
 6    night watchmen, "merchant police", court security officers as
 7    defined  by  Section 3-6012.1 of the Counties Code, temporary
 8    employees, traffic guards or wardens, civilian parking  meter
 9    and   parking   facilities  personnel  or  other  individuals
10    specially appointed to aid  or  direct  traffic  at  or  near
11    schools  or  public  functions  or to aid in civil defense or
12    disaster,  parking  enforcement   employees   who   are   not
13    commissioned  as peace officers and who are not armed and who
14    are not routinely expected to  effect  arrests,  parking  lot
15    attendants,   clerks   and   dispatchers  or  other  civilian
16    employees of  a  police  department  who  are  not  routinely
17    expected to effect arrests, or elected officials.
18        (l)  "Person"  includes  one  or  more individuals, labor
19    organizations, public employees, associations,  corporations,
20    legal  representatives,  trustees,  trustees  in  bankruptcy,
21    receivers,   or  the  State  of  Illinois  or  any  political
22    subdivision of the State or  governing  body,  but  does  not
23    include  the General Assembly of the State of Illinois or any
24    individual employed by the General Assembly of the  State  of
25    Illinois.
26        (m)  "Professional  employee"  means any employee engaged
27    in work predominantly intellectual and  varied  in  character
28    rather  than  routine  mental, manual, mechanical or physical
29    work; involving the consistent  exercise  of  discretion  and
30    adjustment  in  its performance; of such a character that the
31    output  produced  or  the  result  accomplished   cannot   be
32    standardized  in  relation  to  a  given  period of time; and
33    requiring  advanced  knowledge  in  a  field  of  science  or
34    learning  customarily  acquired  by  a  prolonged  course  of
 
HB0457 Engrossed            -6-                LRB9101082MWgc
 1    specialized  intellectual  instruction  and   study   in   an
 2    institution   of   higher   learning   or   a   hospital,  as
 3    distinguished from  a  general  academic  education  or  from
 4    apprenticeship or from training in the performance of routine
 5    mental,  manual,  or  physical processes; or any employee who
 6    has  completed  the  courses  of   specialized   intellectual
 7    instruction  and  study prescribed in this subsection (m) and
 8    is  performing  related  work  under  the  supervision  of  a
 9    professional person  to  qualify  to  become  a  professional
10    employee as defined in this subsection (m).
11        (n)  "Public employee" or "employee", for the purposes of
12    this Act, means any individual employed by a public employer,
13    including  interns  and  residents  at  public hospitals, but
14    excluding all of the  following:  employees  of  the  General
15    Assembly   of  the  State  of  Illinois;  elected  officials;
16    executive  heads  of  a  department;  members  of  boards  or
17    commissions; employees of any  agency,  board  or  commission
18    created  by  this Act; employees appointed to State positions
19    of a temporary or emergency nature; all employees  of  school
20    districts    and   higher   education   institutions   except
21    firefighters  and  peace  officers  employed   by   a   state
22    university;   managerial   employees;  short-term  employees;
23    confidential   employees;   independent   contractors;    and
24    supervisors except as provided in this Act.
25        Notwithstanding  Section  9, subsection (c), or any other
26    provisions of this Act, all peace officers above the rank  of
27    captain   in   municipalities   with   more   than  1,000,000
28    inhabitants shall be excluded from this Act.
29        (o)  "Public employer" or "employer" means the  State  of
30    Illinois;  any  political  subdivision  of the State, unit of
31    local government or school  district;  authorities  including
32    departments,  divisions,  bureaus,  boards,  commissions,  or
33    other  agencies  of  the  foregoing  entities; and any person
34    acting within the scope of his or her authority,  express  or
 
HB0457 Engrossed            -7-                LRB9101082MWgc
 1    implied,  on  behalf  of  those  entities in dealing with its
 2    employees. "Public employer" or "employer" as  used  in  this
 3    Act, however, does not mean and shall not include the General
 4    Assembly  of  the State of Illinois and educational employers
 5    or employers as defined in  the  Illinois  Educational  Labor
 6    Relations  Act,  except with respect to a state university in
 7    its employment of firefighters  and  peace  officers.  County
 8    boards  and  county  sheriffs shall be designated as joint or
 9    co-employers of county peace  officers  appointed  under  the
10    authority  of  a  county sheriff.  Nothing in this subsection
11    (o) shall be construed to prevent  the  State  Board  or  the
12    Local  Board  from  determining  that  employers are joint or
13    co-employers.
14        (p)  "Security  employee"  means  an  employee   who   is
15    responsible  for  the  supervision  and control of inmates at
16    correctional  facilities.   The  term  also  includes   other
17    non-security   employees   in  bargaining  units  having  the
18    majority of employees being responsible for  the  supervision
19    and control of inmates at correctional facilities.
20        (q)  "Short-term  employee"  means  an  employee  who  is
21    employed for less than 2 consecutive calendar quarters during
22    a  calendar year and who does not have a reasonable assurance
23    that he or she will be rehired by the same employer  for  the
24    same service in a subsequent calendar year.
25        (r)  "Supervisor"  is an employee whose principal work is
26    substantially different from that of his or her  subordinates
27    and  who  has  authority, in the interest of the employer, to
28    hire, transfer, suspend, lay off, recall, promote, discharge,
29    direct, reward, or  discipline  employees,  to  adjust  their
30    grievances, or to effectively recommend any of those actions,
31    if  the exercise of that authority is not of a merely routine
32    or clerical  nature,  but  requires  the  consistent  use  of
33    independent   judgment.   Except   with   respect  to  police
34    employment,  the  term  "supervisor"  includes   only   those
 
HB0457 Engrossed            -8-                LRB9101082MWgc
 1    individuals  who  devote  a preponderance of their employment
 2    time  to  exercising  that   authority,   State   supervisors
 3    notwithstanding.   In  addition,  in  determining supervisory
 4    status in police employment, rank shall not be determinative.
 5    The Board shall consider,  as  evidence  of  bargaining  unit
 6    inclusion  or  exclusion, the common law enforcement policies
 7    and  relationships   between   police   officer   ranks   and
 8    certification under applicable civil service law, ordinances,
 9    personnel  codes,  or  Division  2.1  of  Article  10  of the
10    Illinois Municipal Code, but these factors shall not  be  the
11    sole  or  predominant  factors  considered  by  the  Board in
12    determining police supervisory status.
13        Notwithstanding   the   provisions   of   the   preceding
14    paragraph, in determining supervisory status in fire  fighter
15    employment, no fire fighter shall be excluded as a supervisor
16    who  has established representation rights under Section 9 of
17    this Act.  Further, in  new  fire  fighter  units,  employees
18    shall consist of fire fighters of the rank of company officer
19    and  below.  If  a  company  officer otherwise qualifies as a
20    supervisor under the preceding paragraph, however, he or  she
21    shall  not be included in the fire fighter unit.  If there is
22    no rank  between  that  of  chief  and  the  highest  company
23    officer,  the employer may designate a position on each shift
24    as  a  Shift  Commander,  and  the  persons  occupying  those
25    positions shall be supervisors.  All other ranks  above  that
26    of company officer shall be supervisors.
27        (s) (1)  "Unit"  means  a class of jobs or positions that
28        are held by  employees  whose  collective  interests  may
29        suitably  be  represented  by  a  labor  organization for
30        collective bargaining.  Except with respect to  non-State
31        fire fighters and paramedics employed by fire departments
32        and  fire protection districts, non-State peace officers,
33        and peace officers in the Department of State  Police,  a
34        bargaining unit determined by the Board shall not include
 
HB0457 Engrossed            -9-                LRB9101082MWgc
 1        both  employees  and  supervisors,  or  supervisors only,
 2        except as provided in paragraph (2)  of  this  subsection
 3        (s)  and except for bargaining units in existence on July
 4        1, 1984 (the effective date of this Act).   With  respect
 5        to  non-State  fire  fighters  and paramedics employed by
 6        fire departments and fire protection districts, non-State
 7        peace officers, and peace officers in the  Department  of
 8        State  Police,  a bargaining unit determined by the Board
 9        shall not include both supervisors and nonsupervisors, or
10        supervisors only, except as provided in paragraph (2)  of
11        this  subsection  (s)  and except for bargaining units in
12        existence on January 1, 1986 (the effective date of  this
13        amendatory Act of 1985).  A bargaining unit determined by
14        the  Board  to  contain  peace  officers shall contain no
15        employees other  than  peace  officers  unless  otherwise
16        agreed  to  by the employer and the labor organization or
17        labor organizations involved.  Notwithstanding any  other
18        provision  of  this  Act,  a bargaining unit, including a
19        historical  bargaining  unit,  containing   sworn   peace
20        officers of the Department of Natural Resources (formerly
21        designated  the Department of Conservation) shall contain
22        no employees other than such sworn  peace  officers  upon
23        the effective date of this amendatory Act of 1990 or upon
24        the   expiration   date   of  any  collective  bargaining
25        agreement in effect  upon  the  effective  date  of  this
26        amendatory  Act  of  1990  covering both such sworn peace
27        officers and other employees.
28             (2)  Notwithstanding the  exclusion  of  supervisors
29        from  bargaining  units  as  provided in paragraph (1) of
30        this subsection (s),  a  public  employer  may  agree  to
31        permit its supervisory employees to form bargaining units
32        and  may  bargain with those units.  This Act shall apply
33        if the public employer  chooses  to  bargain  under  this
34        subsection.
 
HB0457 Engrossed            -10-               LRB9101082MWgc
 1    (Source: P.A.  89-108,  eff.  7-7-95;  89-409, eff. 11-15-95;
 2    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
 3    6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.)

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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