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Public Act 102-0686


 

Public Act 0686 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0686
 
HB0220 EnrolledLRB102 04308 RJF 14326 b

    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.)

Effective Date: 6/1/2022