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Public Act 098-0100 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Labor Relations Act is | ||||
amended by changing Sections 3 and 6.1 as follows: | ||||
(5 ILCS 315/3) (from Ch. 48, par. 1603)
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Sec. 3. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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(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.
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(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.
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(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
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authorized access to information relating to the effectuation
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or review of the employer's collective bargaining policies.
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(d) "Craft employees" means skilled journeymen, crafts | ||
persons, and their
apprentices and helpers.
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(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.
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(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
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employees in an appropriate bargaining unit in accordance with | ||
the procedures
contained in this Act, (ii) historically
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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
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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 care attendants
or personal
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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 care attendants or 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.
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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
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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
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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
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representative by a majority of the peace officers or fire | ||
fighters in an
appropriate bargaining unit.
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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
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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.
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(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, except that the
following | ||
persons are not included: part-time fire fighters,
auxiliary, | ||
reserve or voluntary fire fighters, including paid on-call fire
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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.
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(g-2) "General Assembly of the State of Illinois" means the
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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.
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(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
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municipality; and the appropriate body authorized to provide | ||
for expenditures
of its funds in the case of any other unit of | ||
government.
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(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.
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(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) this amendatory Act of the 97th General Assembly , | ||
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.
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(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.
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(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.
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(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
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performing related
work under the supervision of a professional | ||
person to qualify to become
a professional employee as defined | ||
in this subsection (m).
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(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 care attendants and | ||
personal assistants working under the Home
Services
Program | ||
under Section 3 of the Disabled Persons Rehabilitation Act, | ||
subject to
the
limitations set forth in this Act and in the | ||
Disabled Persons Rehabilitation
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, and (iv) as of January 29, 2013 ( the effective date of | ||
Public Act 97-1158) this amendatory Act of the 97th General | ||
Assembly , but not before except as otherwise provided in this | ||
subsection (n), home care and home health workers who function | ||
as personal care attendants, personal assistants, and | ||
individual maintenance home health workers and who also work | ||
under the Home Services Program under Section 3 of the Disabled | ||
Persons Rehabilitation 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) this amendatory Act of the 97th General Assembly ; 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.
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Home care
and home health workers who function as personal | ||
care attendants, personal assistants, and individual | ||
maintenance home health workers and who also work under the | ||
Home Services Program under Section 3 of the Disabled Persons | ||
Rehabilitation Act shall not be considered
public
employees for | ||
any purposes not specifically provided for in Public Act 93-204 |
or Public Act 97-1158 this amendatory Act of the 97th General | ||
Assembly , 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
care
attendants, personal assistants, | ||
and individual maintenance home health workers and who also | ||
work under the Home Services Program under Section 3 of the | ||
Disabled Persons Rehabilitation 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.
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(o) Except as otherwise in subsection (o-5), "public | ||
employer" or "employer" means the State of Illinois; any
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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
care
attendants and personal | ||
assistants working under the Home Services Program
under
| ||
Section 3 of the Disabled Persons Rehabilitation Act, subject | ||
to the
limitations set forth
in this Act and in the Disabled | ||
Persons Rehabilitation Act. As of January 29, 2013 ( the | ||
effective date of Public Act 97-1158) this amendatory Act of | ||
the 97th General Assembly , 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 care attendants, personal assistants, and | ||
individual maintenance home health workers and who also work | ||
under the Home Services Program under Section 3 of the Disabled | ||
Persons Rehabilitation 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 Disabled | ||
Persons Rehabilitation Act. The State shall not
be
considered | ||
to be the employer of home care and home health workers who | ||
function as personal care attendants, personal
assistants, and | ||
individual maintenance home health workers and who also work | ||
under the Home Services Program under Section 3 of the Disabled |
Persons Rehabilitation Act, for any
purposes not specifically | ||
provided for in Public Act 93-204 or Public Act 97-1158 this | ||
amendatory Act of the 97th General Assembly , 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 care
| ||
attendants,
personal assistants, and individual maintenance | ||
home health workers and who also work under the Home Services | ||
Program under Section 3 of the Disabled Persons Rehabilitation | ||
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 rank of | ||
company officer and below. 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 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) this amendatory Act of the 97th | ||
General Assembly , 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. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11; | ||
97-1158, eff. 1-29-13; 97-1172, eff. 4-5-13; revised 4-8-13.)
| ||
(5 ILCS 315/6.1) | ||
Sec. 6.1. Gubernatorial designation of certain public | ||
employment positions as excluded from collective bargaining. | ||
(a) Notwithstanding any provision of this Act to the |
contrary, except subsections (e) and (f) of this Section, the | ||
Governor is authorized to designate up to 3,580 State | ||
employment positions collectively within State agencies | ||
directly responsible to the Governor, and, upon designation, | ||
those positions and employees in those positions, if any, are | ||
hereby excluded from the self-organization and collective | ||
bargaining provisions of Section 6 of this Act. Only those | ||
employment positions that have been certified in a bargaining | ||
unit on or after December 2, 2008, that have a pending petition | ||
for certification in a bargaining unit on April 5, 2013 ( the | ||
effective date of Public Act 97-1172) this amendatory Act of | ||
the 97th General Assembly , or that neither have been certified | ||
in a bargaining unit on or after December 2, 2008 nor have a | ||
pending petition for certification in a bargaining unit on the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly are eligible to be designated by the Governor under | ||
this Section. The Governor may not designate under this | ||
Section, however, more than 1,900 employment positions that | ||
have been certified in a bargaining unit on or after December | ||
2, 2008. | ||
(b) In order to properly designate a State employment | ||
position under this Section, the Governor shall provide in | ||
writing to the Board: the job title and job duties of the | ||
employment position; the name of the State employee currently | ||
in the employment position, if any; the name of the State | ||
agency employing the public employee; and the category under |
which the position qualifies for designation under this | ||
Section. | ||
To qualify for designation under this Section, the | ||
employment position must meet one or more of the following | ||
requirements: | ||
(1) it must authorize an employee in that position to | ||
act as a legislative liaison; | ||
(2) it must have a title of, or authorize a person who | ||
holds that position to exercise substantially similar | ||
duties as an, Agency General Counsel, Agency Chief of | ||
Staff, Agency Executive Director, Agency Deputy Director, | ||
Agency Chief Fiscal Officer, Agency Human Resources | ||
Director, Senior Public Service Administrator, Public | ||
Information Officer, or Chief Information Officer; | ||
(3) it must be a Rutan-exempt, as designated by the | ||
employer, position and completely exempt from jurisdiction | ||
B of the Personnel Code; | ||
(4) it must be a term appointed position pursuant to | ||
Section 8b.18 or 8b.19 of the Personnel Code; or | ||
(5) it must authorize an employee in that position to | ||
have significant and independent discretionary authority | ||
as an employee. | ||
Within 60 days after the Governor makes a designation under | ||
this Section, the Board shall determine, in a manner that is | ||
consistent with the requirements of due process, whether the | ||
designation comports with the requirements of this Section. |
(c) For the purposes of this Section, a person has | ||
significant and independent discretionary authority as an | ||
employee if he or she (i) is engaged in executive and | ||
management functions of a State agency and charged with the | ||
effectuation of management policies and practices of a State | ||
agency or represents management interests by taking or | ||
recommending discretionary actions that effectively control or | ||
implement the policy of a State agency or (ii) qualifies as a | ||
supervisor of a State agency as that term is defined under | ||
Section 152 of the National Labor Relations Act or any orders | ||
of the National Labor Relations Board interpreting that | ||
provision or decisions of courts reviewing decisions of the | ||
National Labor Relations Board. | ||
(d) The Governor must exercise the authority afforded under | ||
this Section within 365 calendar days after April 5, 2013 ( the | ||
effective date of Public Act 97-1172) this amendatory Act of | ||
the 97th General Assembly . Any designation made by the Governor | ||
under this Section shall be presumed to have been properly | ||
made. | ||
If the Governor chooses not to designate a position under | ||
this Section, then that decision does not preclude a State | ||
agency from otherwise challenging the certification of that | ||
position under this Act. | ||
The qualifying categories set forth in paragraphs (1) | ||
through (5) of subsection (b) of this Section are operative and | ||
function solely within this Section and do not expand or |
restrict the scope of any other provision contained in this | ||
Act.
| ||
(e) The provisions of this Section do not apply to any | ||
employee who is employed by a public employer and who is | ||
classified as, or 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 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. | ||
(f) The provisions of this Section also do not apply to 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), or 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). | ||
(Source: P.A. 97-1172, eff. 4-5-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|