Public Act 93-0427

HB2362 Enrolled                      LRB093 06121 JAM 06226 b

    AN ACT in relation to labor relations.

    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 9 as follows:

    (5 ILCS 315/9) (from Ch. 48, par. 1609)
    Sec. 9.  Elections; recognition.
    (a)  Whenever in accordance with such regulations as  may
be prescribed by the Board a petition has been filed:
         (1)  by   a  public  employee  or  group  of  public
    employees or  any  labor  organization  acting  in  their
    behalf  demonstrating that 30% of the public employees in
    an appropriate unit (A) wish to be  represented  for  the
    purposes   of   collective    bargaining   by   a   labor
    organization   as   exclusive   representative,   or  (B)
    asserting that the  labor  organization  which  has  been
    certified  or  is  currently  recognized  by  the  public
    employer  as  bargaining  representative is no longer the
    representative of the majority of public employees in the
    unit; or
         (2)  by a public employer alleging that one or  more
    labor  organizations  have  presented  to it a claim that
    they be recognized as the representative of a majority of
    the public employees in an appropriate  unit,  the  Board
    shall investigate such petition, and if it has reasonable
    cause  to  believe  that  a  question  of  representation
    exists, shall provide for an appropriate hearing upon due
    notice.  Such hearing shall be held at the offices of the
    Board  or  such  other  location  as  the   Board   deems
    appropriate.  If  it finds upon the record of the hearing
    that a question of representation exists, it shall direct
    an election in accordance with  subsection  (d)  of  this
    Section,  which election shall be held not later than 120
    days after the date the petition was filed regardless  of
    whether  that  petition  was  filed  before  or after the
    effective date of this amendatory Act of 1987;  provided,
    however,  the  Board  may  extend the time for holding an
    election by an additional 60 days if, upon  motion  by  a
    person  who has filed a petition under this Section or is
    the subject of a petition filed under this Section and is
    a party to such hearing, or upon the Board's own  motion,
    the  Board  finds  that  good  cause  has  been shown for
    extending  the  election  date;  provided  further,  that
    nothing in this Section shall prohibit the Board, in  its
    discretion,  from  extending  the  time  for  holding  an
    election  for  so  long  as  may  be  necessary under the
    circumstances, where the purpose for such extension is to
    permit  resolution  by  the  Board  of  an  unfair  labor
    practice  charge  filed  by  one  of  the  parties  to  a
    representational proceeding against the other based  upon
    conduct  which  may  either  affect  the  existence  of a
    question concerning representation or have a tendency  to
    interfere  with a fair and free election, where the party
    filing the charge has not filed a request to proceed with
    the election; and provided  further  that  prior  to  the
    expiration  of  the  total  time  allotted for holding an
    election, a person who has filed a  petition  under  this
    Section  or is the subject of a petition filed under this
    Section and is a party to such hearing or the Board,  may
    move  for and obtain the entry of an order in the circuit
    court of the county in which the majority of  the  public
    employees sought to be represented by such person reside,
    such  order  extending  the  date upon which the election
    shall be held.  Such order shall be issued by the circuit
    court only upon a judicial finding that there has been  a
    sufficient showing that there is good cause to extend the
    election  date  beyond  such period and shall require the
    Board to hold the election as soon as is  feasible  given
    the  totality  of  the circumstances. Such 120 day period
    may be extended one or more times by the agreement of all
    parties to the hearing to  a  date  certain  without  the
    necessity  of  obtaining  a  court order. Nothing in this
    Section prohibits the waiving of hearings by  stipulation
    for  the purpose of a consent election in conformity with
    the rules and regulations of the Board or an election  in
    a  unit  agreed  upon  by  the  parties. Other interested
    employee organizations may intervene in  the  proceedings
    in  the  manner  and  within the time period specified by
    rules and regulations of the Board.   Interested  parties
    who  are  necessary to the proceedings may also intervene
    in the proceedings in the  manner  and  within  the  time
    period  specified  by  the  rules  and regulations of the
    Board.
    (b)  The Board shall decide in each  case,  in  order  to
assure public employees the fullest freedom in exercising the
rights  guaranteed  by  this  Act, a unit appropriate for the
purpose of collective bargaining, based upon but not  limited
to  such  factors  as:  historical  pattern  of  recognition;
community   of   interest   including   employee  skills  and
functions;     degree     of     functional      integration;
interchangeability and contact among employees; fragmentation
of  employee  groups;  common  supervision,  wages, hours and
other working conditions of the employees involved;  and  the
desires  of  the employees.  For purposes of this subsection,
fragmentation shall not be the  sole  or  predominant  factor
used  by  the  Board in determining an appropriate bargaining
unit.  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
State Department of State Police, a  single  bargaining  unit
determined  by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in  existence  on
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 State Department of State  Police,  a  single
bargaining  unit determined by the Board may not include both
supervisors and nonsupervisors, except for  bargaining  units
in  existence on the effective date of this amendatory Act of
1985.
    In cases involving an historical pattern of  recognition,
and  in  cases where the employer has recognized the union as
the sole and  exclusive  bargaining  agent  for  a  specified
existing unit, the Board shall find the employees in the unit
then  represented by the union pursuant to the recognition to
be the appropriate unit.
    Notwithstanding the above factors, where the majority  of
public  employees  of  a  craft  so  decide,  the Board shall
designate such craft as a unit appropriate for  the  purposes
of collective bargaining.
    The  Board  shall not decide that any unit is appropriate
if such unit includes both professional  and  nonprofessional
employees,   unless  a  majority  of  each  group  votes  for
inclusion in such unit.
    (c)  Nothing in this Act shall interfere with  or  negate
the  current  representation rights or patterns and practices
of labor organizations which  have  historically  represented
public  employees  for  the purpose of collective bargaining,
including but not limited to the negotiations of wages, hours
and working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or  the  establishment
and  maintenance  of prevailing wage rates, unless a majority
of  employees  so  represented  express  a  contrary   desire
pursuant to the procedures set forth in this Act.
    (d)  In instances where the employer does not voluntarily
recognize  a  labor  organization as the exclusive bargaining
representative for a  unit  of  employees,  the  Board  shall
determine the majority representative of the public employees
in  an appropriate collective bargaining unit by conducting a
secret ballot election. Within 7 days after the Board  issues
its  bargaining  unit determination and direction of election
or the execution of  a  stipulation  for  the  purpose  of  a
consent  election,  the  public  employer shall submit to the
labor organization the complete names and addresses of  those
employees  who  are determined by the Board to be eligible to
participate in the election. When the  Board  has  determined
that  a  labor organization has been fairly and freely chosen
by a majority of employees in an appropriate unit,  it  shall
certify  such  organization  as the exclusive representative.
If the Board determines that a majority of  employees  in  an
appropriate  unit  has  fairly  and  freely  chosen not to be
represented by a labor organization, it shall so certify. The
Board  may  also  revoke  the  certification  of  the  public
employee    organizations     as     exclusive     bargaining
representatives  which  have  been  found  by a secret ballot
election to be no longer the majority representative.
    (e)  The Board shall  not  conduct  an  election  in  any
bargaining  unit  or  any  subdivision thereof within which a
valid election  has  been  held  in  the  preceding  12-month
period.  The Board shall determine who is eligible to vote in
an  election  and shall establish rules governing the conduct
of the election or  conduct  affecting  the  results  of  the
election.   The   Board  shall  include  on  a  ballot  in  a
representation election a choice of  "no  representation".  A
labor organization currently representing the bargaining unit
of   employees   shall   be  placed  on  the  ballot  in  any
representation election. In any election where  none  of  the
choices  on the ballot receives a majority, a runoff election
shall be  conducted  between  the  2  choices  receiving  the
largest  number of valid votes cast in the election.  A labor
organization which receives a majority of the votes  cast  in
an  election  shall  be  certified  by the Board as exclusive
representative of all public employees in the unit.
    (f)  Nothing  in  this  or  any   other   Act   prohibits
recognition   of   a  labor  organization  as  the  exclusive
representative by a public employer by mutual consent of  the
employer  and the labor organization, provided that the labor
organization represents a majority of the public employees in
an appropriate  unit.  Any  employee  organization  which  is
designated  or  selected by the majority of public employees,
in a unit of the public employer having no  other  recognized
or  certified  representative,  as  their  representative for
purposes of collective bargaining may request recognition  by
the  public  employer  in writing.  The public employer shall
post such request for a period of at least 20 days  following
its  receipt  thereof on bulletin boards or other places used
or reserved for employee notices.
    (g)  Within  the  20-day  period  any  other   interested
employee  organization  may  petition the Board in the manner
specified by rules and regulations  of  the  Board,  provided
that   such   interested   employee   organization  has  been
designated by at least 10% of the employees in an appropriate
bargaining unit which includes all or some of  the  employees
in  the  unit recognized by the employer.  In such event, the
Board shall proceed with the petition in the same  manner  as
provided by paragraph (1) of subsection (a) of this Section.
    (h)  No  election  shall  be directed by the Board in any
bargaining unit where there is in force  a  valid  collective
bargaining  agreement.   The  Board,  however, may process an
election petition filed between 90 and 60 days prior  to  the
expiration  of  the  date  of  an  agreement, and may further
refine, by rule  or  decision,  the  implementation  of  this
provision.  Where  more  than  4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that  the  Board  may  process  an
election  petition  filed between 90 and 60 days prior to the
end of the fifth year of such an agreement,  and  between  90
and  60 days prior to the end of each successive year of such
agreement.  No  collective  bargaining  agreement   bars   an
election  upon  the  petition  of persons not parties thereto
where more than 3 years have elapsed since the effective date
of the agreement.
    (i)  An order of the Board  dismissing  a  representation
petition,   determining   and   certifying   that   a   labor
organization  has been fairly and freely chosen by a majority
of employees in an appropriate bargaining  unit,  determining
and  certifying that a labor organization has not been fairly
and  freely  chosen  by  a  majority  of  employees  in   the
bargaining  unit  or  certifying  a labor organization as the
exclusive  representative  of  employees  in  an  appropriate
bargaining unit because of a determination by the Board  that
the   labor   organization   is   the  historical  bargaining
representative of employees in  the  bargaining  unit,  is  a
final  order.   Any person aggrieved by any such order issued
on or after the effective date of this amendatory Act of 1987
may apply for and obtain judicial review in  accordance  with
provisions  of  the  Administrative  Review  Law,  as  now or
hereafter amended, except that such review shall be  afforded
directly in the Appellate Court for the district in which the
aggrieved  party  resides  or  transacts business. Any direct
appeal to the Appellate Court shall be filed within  35  days
from  the  date  that  a  copy  of  the decision sought to be
reviewed was served upon the party affected by the decision.
(Source: P.A. 87-736; 88-1.)
    Section 99.  Effective date.  This Act takes effect  upon
becoming law.