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Public Act 102-0686 Public Act 0686 102ND GENERAL ASSEMBLY |
Public Act 102-0686 | HB0220 Enrolled | LRB102 04308 RJF 14326 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Public Labor Relations Act is | amended by changing Section 3 as follows: | (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.
|
| (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
Department of 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 the effective date of this
amendatory
Act of |
| the 93rd General Assembly, 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 the effective date of this amendatory Act of the 94th | General Assembly, 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 Department | of 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. 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 the effective date of this amendatory Act of the 93rd | General
Assembly, 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 | the effective date of this amendatory Act of the 94th General | Assembly, 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 the effective date of this amendatory Act of the | 98th General Assembly 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 the effective date of this | amendatory Act of the 98th General Assembly, and (vi) | beginning on the effective date of this amendatory Act of the | 98th General Assembly 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 Department | of 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 the effective date of | this amendatory Act of the 96th General Assembly; 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 (5 ILCS 375/).
| Child and day care home providers shall not be considered | public employees for any purposes not specifically provided | for in this amendatory Act of the 94th General Assembly, | 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 the effective | date of the amendatory Act of the 93rd General Assembly,
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
(5 ILCS 375/).
As of the effective date of this amendatory | Act of the 94th General Assembly 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 | this amendatory Act of the 94th General Assembly, 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 the | effective date of this amendatory Act of the 96th General | Assembly. 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 | Judicial
Circuit, the chief judge of the Cook County | Circuit
Court is the public employer and employer |
| representative.
| (2) For court reporters employed by the 12th, 18th, | 19th, and, on and after December 4, 2006, the 22nd | judicial
circuits, a group consisting of the chief judges | of those circuits, acting
jointly by majority vote, is the | public employer and employer representative.
| (3) For court reporters employed by all other judicial | circuits,
a group consisting of the chief judges of those | circuits, acting jointly by
majority vote, is the public | employer and employer representative.
| (p) "Security employee" means an employee who is | responsible for the
supervision and control of inmates at | correctional facilities. The term
also includes other | non-security employees in bargaining units having the
majority | of employees being responsible for the supervision and control | of
inmates at correctional facilities.
| (q) "Short-term employee" means an employee who is | employed for less
than 2 consecutive calendar quarters during | a calendar year and who does
not have a reasonable assurance | that he or she will be rehired by the
same employer for the | same service in a subsequent calendar year.
| (q-5) "State agency" means an agency directly responsible | to the Governor, as defined in Section 3.1 of the Executive | Reorganization Implementation Act, and the Illinois Commerce | Commission, the Illinois Workers' Compensation Commission, the | Civil Service Commission, the Pollution Control Board, the |
| Illinois Racing Board, and the Department of State Police | Merit Board. | (r) "Supervisor" is: | (1) An employee whose principal work is substantially
| different from that of his or her subordinates and who has | authority, in the
interest of the employer, to hire, | transfer, suspend, lay off, recall,
promote, discharge, | direct, reward, or discipline employees, to adjust
their | grievances, or to effectively recommend any of those | actions, if the
exercise
of that authority is not of a | merely routine or clerical nature, but
requires the | consistent use of independent judgment. Except with | respect to
police employment, the term "supervisor" | includes only those individuals
who devote a preponderance | of their employment time to exercising that
authority, | State supervisors notwithstanding. Nothing in this | definition prohibits an individual from also meeting the | definition of "managerial employee" under subsection (j) | of this Section. In addition, in determining
supervisory | status in police employment, rank shall not be | determinative.
The Board shall consider, as evidence of | bargaining unit inclusion or
exclusion, the common law | enforcement policies and relationships between
police | officer ranks and certification under applicable civil | service law,
ordinances, personnel codes, or Division 2.1 | of Article 10 of the Illinois
Municipal Code, but these |
| factors shall not
be the sole or predominant factors | considered by the Board in determining
police supervisory | status.
| Notwithstanding the provisions of the preceding | paragraph, in determining
supervisory status in fire | fighter employment, no fire fighter shall be
excluded as a | supervisor who has established representation rights under
| Section 9 of this Act. Further, in new fire fighter units, | employees shall
consist of fire fighters of the highest | rank of company officer and below. A company officer may | be responsible for multiple companies or apparatus on a | shift, multiple stations, or an entire shift. There may be | more than one company officer per shift. If a company | officer otherwise qualifies as a supervisor under the | preceding paragraph, however, he or she shall
not be | included in the fire fighter
unit. If there is no rank | between that of chief and the
highest company officer, the | employer may designate a position on each
shift as a Shift | Commander, and the persons occupying those positions shall
| be supervisors. All other ranks above that of the highest | company officer shall be
supervisors.
| (2) 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, an employee who | qualifies as a supervisor under (A) Section 152 of the | National Labor Relations Act and (B) orders of the | National Labor Relations Board interpreting that provision | or decisions of courts reviewing decisions of the National | Labor Relations Board. | (s)(1) "Unit" means a class of jobs or positions that are | held by
employees whose collective interests may suitably be | represented by a labor
organization for collective bargaining. | 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 Department | of
State Police, a bargaining unit determined by the Board | shall not include both
employees and supervisors, or | supervisors only, except as provided in paragraph
(2) of this | subsection (s) and except for bargaining units in existence on | July
1, 1984 (the effective date of this Act). 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 Department of
State | Police, a bargaining unit determined by the Board shall not | include both
supervisors and nonsupervisors, or supervisors | only, except as provided in
paragraph (2) of this subsection |
| (s) and except for bargaining units in
existence on January 1, | 1986 (the effective date of this amendatory Act of
1985). A | bargaining unit determined by the Board to contain peace | officers
shall contain no employees other than peace officers | unless otherwise agreed to
by the employer and the labor | organization or labor organizations involved.
Notwithstanding | any other provision of this Act, a bargaining unit, including | a
historical bargaining unit, containing sworn peace officers | of the Department
of Natural Resources (formerly designated | the Department of Conservation) shall
contain no employees | other than such sworn peace officers upon the effective
date | of this amendatory Act of 1990 or upon the expiration date of | any
collective bargaining agreement in effect upon the | effective date of this
amendatory Act of 1990 covering both | such sworn peace officers and other
employees.
| (2) Notwithstanding the exclusion of supervisors from | bargaining units
as provided in paragraph (1) of this | subsection (s), a public
employer may agree to permit its | supervisory employees to form bargaining units
and may bargain | with those units. This Act shall apply if the public employer
| chooses to bargain under this subsection.
| (3) Public employees who are court reporters, as defined
| in the Court Reporters Act,
shall be divided into 3 units for | collective bargaining purposes. One unit
shall be court | reporters employed by the Cook County Judicial Circuit; one
| unit shall be court reporters employed by the 12th, 18th, |
| 19th, and, on and after December 4, 2006, the 22nd judicial
| circuits; and one unit shall be court reporters employed by | all other
judicial circuits.
| (t) "Active petition for certification in a bargaining | unit" means a petition for certification filed with the Board | under one of the following case numbers: S-RC-11-110; | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | S-RC-07-100. | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
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Effective Date: 6/1/2022
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