102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0525

 

Introduced 2/23/2021, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/9  from Ch. 48, par. 1609
5 ILCS 315/21.5

    Amends the Illinois Public Labor Relations Act. Specifies further requirements for labor unit clarification. Provides that no collective bargaining agreement entered into between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may extend more than 12 months after the date on which the terms of office of executive branch constitutional officers begin (currently, may extend beyond June, 30). Provides an exemption concerning collective bargaining agreements and the increase of salary, wages, or benefits starting on or after the first day of the terms of office of executive branch constitutional officers. Modifies defined terms. Effective immediately.


LRB102 11394 RJF 16727 b

 

 

A BILL FOR

 

SB0525LRB102 11394 RJF 16727 b

1    AN ACT concerning labor relations.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 9, and 21.5 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized, actual, and more than incidental access to
23information relating to the effectuation or review of the

 

 

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1employer's collective bargaining policies. Determinations of
2confidential employee status shall be based on actual employee
3job duties and not on written job descriptions. The definition
4of "confidential employee" herein applies to all public
5employees.
6    (d) "Craft employees" means skilled journeymen, crafts
7persons, and their apprentices and helpers.
8    (e) "Essential services employees" means those public
9employees performing functions so essential that the
10interruption or termination of the function will constitute a
11clear and present danger to the health and safety of the
12persons in the affected community.
13    (f) "Exclusive representative", except with respect to
14non-State fire fighters and paramedics employed by fire
15departments and fire protection districts, non-State peace
16officers, and peace officers in the Department of State
17Police, means the labor organization that has been (i)
18designated by the Board as the representative of a majority of
19public employees in an appropriate bargaining unit in
20accordance with the procedures contained in this Act, (ii)
21historically recognized by the State of Illinois or any
22political subdivision of the State before July 1, 1984 (the
23effective date of this Act) as the exclusive representative of
24the employees in an appropriate bargaining unit, (iii) after
25July 1, 1984 (the effective date of this Act) recognized by an
26employer upon evidence, acceptable to the Board, that the

 

 

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1labor organization has been designated as the exclusive
2representative by a majority of the employees in an
3appropriate bargaining unit; (iv) recognized as the exclusive
4representative of personal assistants under Executive Order
52003-8 prior to the effective date of this amendatory Act of
6the 93rd General Assembly, and the organization shall be
7considered to be the exclusive representative of the personal
8assistants as defined in this Section; or (v) recognized as
9the exclusive representative of child and day care home
10providers, including licensed and license exempt providers,
11pursuant to an election held under Executive Order 2005-1
12prior to the effective date of this amendatory Act of the 94th
13General Assembly, and the organization shall be considered to
14be the exclusive representative of the child and day care home
15providers as defined in this Section.
16    With respect to non-State fire fighters and paramedics
17employed by fire departments and fire protection districts,
18non-State peace officers, and peace officers in the Department
19of State Police, "exclusive representative" means the labor
20organization that has been (i) designated by the Board as the
21representative of a majority of peace officers or fire
22fighters in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before January 1, 1986 (the effective
26date of this amendatory Act of 1985) as the exclusive

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit, or (iii) after
3January 1, 1986 (the effective date of this amendatory Act of
41985) recognized by an employer upon evidence, acceptable to
5the Board, that the labor organization has been designated as
6the exclusive representative by a majority of the peace
7officers or fire fighters in an appropriate bargaining unit.
8    Where a historical pattern of representation exists for
9the workers of a water system that was owned by a public
10utility, as defined in Section 3-105 of the Public Utilities
11Act, prior to becoming certified employees of a municipality
12or municipalities once the municipality or municipalities have
13acquired the water system as authorized in Section 11-124-5 of
14the Illinois Municipal Code, the Board shall find the labor
15organization that has historically represented the workers to
16be the exclusive representative under this Act, and shall find
17the unit represented by the exclusive representative to be the
18appropriate unit.
19    (g) "Fair share agreement" means an agreement between the
20employer and an employee organization under which all or any
21of the employees in a collective bargaining unit are required
22to pay their proportionate share of the costs of the
23collective bargaining process, contract administration, and
24pursuing matters affecting wages, hours, and other conditions
25of employment, but not to exceed the amount of dues uniformly
26required of members. The amount certified by the exclusive

 

 

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1representative shall not include any fees for contributions
2related to the election or support of any candidate for
3political office. Nothing in this subsection (g) shall
4preclude an employee from making voluntary political
5contributions in conjunction with his or her fair share
6payment.
7    (g-1) "Fire fighter" means, for the purposes of this Act
8only, any person who has been or is hereafter appointed to a
9fire department or fire protection district or employed by a
10state university and sworn or commissioned to perform fire
11fighter duties or paramedic duties, including paramedics
12employed by a unit of local government, except that the
13following persons are not included: part-time fire fighters,
14auxiliary, reserve or voluntary fire fighters, including paid
15on-call fire fighters, clerks and dispatchers or other
16civilian employees of a fire department or fire protection
17district who are not routinely expected to perform fire
18fighter duties, or elected officials.
19    (g-2) "General Assembly of the State of Illinois" means
20the legislative branch of the government of the State of
21Illinois, as provided for under Article IV of the Constitution
22of the State of Illinois, and includes but is not limited to
23the House of Representatives, the Senate, the Speaker of the
24House of Representatives, the Minority Leader of the House of
25Representatives, the President of the Senate, the Minority
26Leader of the Senate, the Joint Committee on Legislative

 

 

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1Support Services and any legislative support services agency
2listed in the Legislative Commission Reorganization Act of
31984.
4    (h) "Governing body" means, in the case of the State, the
5State Panel of the Illinois Labor Relations Board, the
6Director of the Department of Central Management Services, and
7the Director of the Department of Labor; the county board in
8the case of a county; the corporate authorities in the case of
9a municipality; and the appropriate body authorized to provide
10for expenditures of its funds in the case of any other unit of
11government.
12    (i) "Labor organization" means any organization in which
13public employees participate and that exists for the purpose,
14in whole or in part, of dealing with a public employer
15concerning wages, hours, and other terms and conditions of
16employment, including the settlement of grievances.
17    (i-5) "Legislative liaison" means a person who is an
18employee of a State agency, the Attorney General, the
19Secretary of State, the Comptroller, or the Treasurer, as the
20case may be, and whose job duties require the person to
21regularly communicate in the course of his or her employment
22with any official or staff of the General Assembly of the State
23of Illinois for the purpose of influencing any legislative
24action.
25    (j) "Managerial employee" means an individual who is
26engaged predominantly in executive and management functions

 

 

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1for a majority of his or her employment time and is charged
2with the responsibility of, and devotes a majority of his or
3her employment time to, directing the effectuation of
4management policies and practices. Exercise of discretion or
5acting on behalf of an office holder, agency head, or board or
6commission by professional employees, including attorneys, as
7part of the performance of their work as professional
8employees, does not constitute evidence of executive and
9management functions or of directing the effectuation of
10management policies and practices. Determination of managerial
11employee status shall be based on actual employee job duties
12and not on written job descriptions. No employee shall be
13determined to be a managerial employee as a matter of law. With
14respect only to State employees in positions under the
15jurisdiction of the Attorney General, Secretary of State,
16Comptroller, or Treasurer (i) that were certified in a
17bargaining unit on or after December 2, 2008, (ii) for which a
18petition is filed with the Illinois Public Labor Relations
19Board on or after April 5, 2013 (the effective date of Public
20Act 97-1172), or (iii) for which a petition is pending before
21the Illinois Public Labor Relations Board on that date,
22"managerial employee" means an individual who is engaged in
23executive and management functions or who is charged with the
24effectuation of management policies and practices or who
25represents management interests by taking or recommending
26discretionary actions that effectively control or implement

 

 

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1policy. Nothing in this definition prohibits an individual
2from also meeting the definition of "supervisor" under
3subsection (r) of this Section. The definition of "managerial
4employee" herein applies to all public employees.
5    (k) "Peace officer" means, for the purposes of this Act
6only, any persons who have been or are hereafter appointed to a
7police force, department, or agency and sworn or commissioned
8to perform police duties, except that the following persons
9are not included: part-time police officers, special police
10officers, auxiliary police as defined by Section 3.1-30-20 of
11the Illinois Municipal Code, night watchmen, "merchant
12police", court security officers as defined by Section
133-6012.1 of the Counties Code, temporary employees, traffic
14guards or wardens, civilian parking meter and parking
15facilities personnel or other individuals specially appointed
16to aid or direct traffic at or near schools or public functions
17or to aid in civil defense or disaster, parking enforcement
18employees who are not commissioned as peace officers and who
19are not armed and who are not routinely expected to effect
20arrests, parking lot attendants, clerks and dispatchers or
21other civilian employees of a police department who are not
22routinely expected to effect arrests, or elected officials.
23    (l) "Person" includes one or more individuals, labor
24organizations, public employees, associations, corporations,
25legal representatives, trustees, trustees in bankruptcy,
26receivers, or the State of Illinois or any political

 

 

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1subdivision of the State or governing body, but does not
2include the General Assembly of the State of Illinois or any
3individual employed by the General Assembly of the State of
4Illinois.
5    (m) "Professional employee" means any employee engaged in
6work predominantly intellectual and varied in character rather
7than routine mental, manual, mechanical or physical work;
8involving the consistent exercise of discretion and adjustment
9in its performance; of such a character that the output
10produced or the result accomplished cannot be standardized in
11relation to a given period of time; and requiring advanced
12knowledge in a field of science or learning customarily
13acquired by a prolonged course of specialized intellectual
14instruction and study in an institution of higher learning or
15a hospital, as distinguished from a general academic education
16or from apprenticeship or from training in the performance of
17routine mental, manual, or physical processes; or any employee
18who has completed the courses of specialized intellectual
19instruction and study prescribed in this subsection (m) and is
20performing related work under the supervision of a
21professional person to qualify to become a professional
22employee as defined in this subsection (m).
23    (n) "Public employee" or "employee", for the purposes of
24this Act, means any individual employed by a public employer,
25including (i) interns and residents at public hospitals, (ii)
26as of the effective date of this amendatory Act of the 93rd

 

 

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1General Assembly, but not before, personal assistants working
2under the Home Services Program under Section 3 of the
3Rehabilitation of Persons with Disabilities Act, subject to
4the limitations set forth in this Act and in the
5Rehabilitation of Persons with Disabilities Act, (iii) as of
6the effective date of this amendatory Act of the 94th General
7Assembly, but not before, child and day care home providers
8participating in the child care assistance program under
9Section 9A-11 of the Illinois Public Aid Code, subject to the
10limitations set forth in this Act and in Section 9A-11 of the
11Illinois Public Aid Code, (iv) as of January 29, 2013 (the
12effective date of Public Act 97-1158), but not before except
13as otherwise provided in this subsection (n), home care and
14home health workers who function as personal assistants and
15individual maintenance home health workers and who also work
16under the Home Services Program under Section 3 of the
17Rehabilitation of Persons with Disabilities Act, no matter
18whether the State provides those services through direct
19fee-for-service arrangements, with the assistance of a managed
20care organization or other intermediary, or otherwise, (v)
21beginning on the effective date of this amendatory Act of the
2298th General Assembly and notwithstanding any other provision
23of this Act, any person employed by a public employer and who
24is classified as or who holds the employment title of Chief
25Stationary Engineer, Assistant Chief Stationary Engineer,
26Sewage Plant Operator, Water Plant Operator, Stationary

 

 

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1Engineer, Plant Operating Engineer, and any other employee who
2holds the position of: Civil Engineer V, Civil Engineer VI,
3Civil Engineer VII, Technical Manager I, Technical Manager II,
4Technical Manager III, Technical Manager IV, Technical Manager
5V, Technical Manager VI, Realty Specialist III, Realty
6Specialist IV, Realty Specialist V, Technical Advisor I,
7Technical Advisor II, Technical Advisor III, Technical Advisor
8IV, or Technical Advisor V employed by the Department of
9Transportation who is in a position which is certified in a
10bargaining unit on or before the effective date of this
11amendatory Act of the 98th General Assembly, and (vi)
12beginning on the effective date of this amendatory Act of the
1398th General Assembly and notwithstanding any other provision
14of this Act, any mental health administrator in the Department
15of Corrections who is classified as or who holds the position
16of Public Service Administrator (Option 8K), any employee of
17the Office of the Inspector General in the Department of Human
18Services who is classified as or who holds the position of
19Public Service Administrator (Option 7), any Deputy of
20Intelligence in the Department of Corrections who is
21classified as or who holds the position of Public Service
22Administrator (Option 7), and any employee of the Department
23of State Police who handles issues concerning the Illinois
24State Police Sex Offender Registry and who is classified as or
25holds the position of Public Service Administrator (Option 7),
26but excluding all of the following: employees of the General

 

 

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1Assembly of the State of Illinois; elected officials;
2executive heads of a department; members of boards or
3commissions; the Executive Inspectors General; any special
4Executive Inspectors General; employees of each Office of an
5Executive Inspector General; commissioners and employees of
6the Executive Ethics Commission; the Auditor General's
7Inspector General; employees of the Office of the Auditor
8General's Inspector General; the Legislative Inspector
9General; any special Legislative Inspectors General; employees
10of the Office of the Legislative Inspector General;
11commissioners and employees of the Legislative Ethics
12Commission; employees of any agency, board or commission
13created by this Act; employees appointed to State positions of
14a temporary or emergency nature; all employees of school
15districts and higher education institutions except
16firefighters and peace officers employed by a state university
17and except peace officers employed by a school district in its
18own police department in existence on the effective date of
19this amendatory Act of the 96th General Assembly; managerial
20employees; short-term employees; legislative liaisons; a
21person who is a State employee under the jurisdiction of the
22Office of the Attorney General who is licensed to practice law
23or whose position authorizes, either directly or indirectly,
24meaningful input into government decision-making on issues
25where there is room for principled disagreement on goals or
26their implementation; a person who is a State employee under

 

 

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1the jurisdiction of the Office of the Comptroller who holds
2the position of Public Service Administrator or whose position
3is otherwise exempt under the Comptroller Merit Employment
4Code; a person who is a State employee under the jurisdiction
5of the Secretary of State who holds the position
6classification of Executive I or higher, whose position
7authorizes, either directly or indirectly, meaningful input
8into government decision-making on issues where there is room
9for principled disagreement on goals or their implementation,
10or who is otherwise exempt under the Secretary of State Merit
11Employment Code; employees in the Office of the Secretary of
12State who are completely exempt from jurisdiction B of the
13Secretary of State Merit Employment Code and who are in
14Rutan-exempt positions on or after April 5, 2013 (the
15effective date of Public Act 97-1172); a person who is a State
16employee under the jurisdiction of the Treasurer who holds a
17position that is exempt from the State Treasurer Employment
18Code; any employee of a State agency who (i) holds the title or
19position of, or exercises substantially similar duties as a
20legislative liaison, Agency General Counsel, Agency Chief of
21Staff, Agency Executive Director, Agency Deputy Director,
22Agency Chief Fiscal Officer, Agency Human Resources Director,
23Public Information Officer, or Chief Information Officer and
24(ii) was neither included in a bargaining unit nor subject to
25an active petition for certification in a bargaining unit; any
26employee of a State agency who (i) is in a position that is

 

 

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1Rutan-exempt, as designated by the employer, and completely
2exempt from jurisdiction B of the Personnel Code and (ii) was
3neither included in a bargaining unit nor subject to an active
4petition for certification in a bargaining unit; any term
5appointed employee of a State agency pursuant to Section 8b.18
6or 8b.19 of the Personnel Code who was neither included in a
7bargaining unit nor subject to an active petition for
8certification in a bargaining unit; any employment position
9properly designated pursuant to Section 6.1 of this Act;
10confidential employees; independent contractors; and
11supervisors except as provided in this Act.
12    Home care and home health workers who function as personal
13assistants and individual maintenance home health workers and
14who also work under the Home Services Program under Section 3
15of the Rehabilitation of Persons with Disabilities Act shall
16not be considered public employees for any purposes not
17specifically provided for in Public Act 93-204 or Public Act
1897-1158, including but not limited to, purposes of vicarious
19liability in tort and purposes of statutory retirement or
20health insurance benefits. Home care and home health workers
21who function as personal assistants and individual maintenance
22home health workers and who also work under the Home Services
23Program under Section 3 of the Rehabilitation of Persons with
24Disabilities Act shall not be covered by the State Employees
25Group Insurance Act of 1971 (5 ILCS 375/).
26    Child and day care home providers shall not be considered

 

 

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1public employees for any purposes not specifically provided
2for in this amendatory Act of the 94th General Assembly,
3including but not limited to, purposes of vicarious liability
4in tort and purposes of statutory retirement or health
5insurance benefits. Child and day care home providers shall
6not be covered by the State Employees Group Insurance Act of
71971.
8    Notwithstanding Section 9, subsection (c), or any other
9provisions of this Act, all peace officers above the rank of
10captain in municipalities with more than 1,000,000 inhabitants
11shall be excluded from this Act.
12    (o) Except as otherwise in subsection (o-5), "public
13employer" or "employer" means the State of Illinois; any
14political subdivision of the State, unit of local government
15or school district; authorities including departments,
16divisions, bureaus, boards, commissions, or other agencies of
17the foregoing entities; and any person acting within the scope
18of his or her authority, express or implied, on behalf of those
19entities in dealing with its employees. As of the effective
20date of the amendatory Act of the 93rd General Assembly, but
21not before, the State of Illinois shall be considered the
22employer of the personal assistants working under the Home
23Services Program under Section 3 of the Rehabilitation of
24Persons with Disabilities Act, subject to the limitations set
25forth in this Act and in the Rehabilitation of Persons with
26Disabilities Act. As of January 29, 2013 (the effective date

 

 

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1of Public Act 97-1158), but not before except as otherwise
2provided in this subsection (o), the State shall be considered
3the employer of home care and home health workers who function
4as personal assistants and individual maintenance home health
5workers and who also work under the Home Services Program
6under Section 3 of the Rehabilitation of Persons with
7Disabilities Act, no matter whether the State provides those
8services through direct fee-for-service arrangements, with the
9assistance of a managed care organization or other
10intermediary, or otherwise, but subject to the limitations set
11forth in this Act and the Rehabilitation of Persons with
12Disabilities Act. The State shall not be considered to be the
13employer of home care and home health workers who function as
14personal assistants and individual maintenance home health
15workers and who also work under the Home Services Program
16under Section 3 of the Rehabilitation of Persons with
17Disabilities Act, for any purposes not specifically provided
18for in Public Act 93-204 or Public Act 97-1158, including but
19not limited to, purposes of vicarious liability in tort and
20purposes of statutory retirement or health insurance benefits.
21Home care and home health workers who function as personal
22assistants and individual maintenance home health workers and
23who also work under the Home Services Program under Section 3
24of the Rehabilitation of Persons with Disabilities Act shall
25not be covered by the State Employees Group Insurance Act of
261971 (5 ILCS 375/). As of the effective date of this amendatory

 

 

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1Act of the 94th General Assembly but not before, the State of
2Illinois shall be considered the employer of the day and child
3care home providers participating in the child care assistance
4program under Section 9A-11 of the Illinois Public Aid Code,
5subject to the limitations set forth in this Act and in Section
69A-11 of the Illinois Public Aid Code. The State shall not be
7considered to be the employer of child and day care home
8providers for any purposes not specifically provided for in
9this amendatory Act of the 94th General Assembly, including
10but not limited to, purposes of vicarious liability in tort
11and purposes of statutory retirement or health insurance
12benefits. Child and day care home providers shall not be
13covered by the State Employees Group Insurance Act of 1971.
14    "Public employer" or "employer" as used in this Act,
15however, does not mean and shall not include the General
16Assembly of the State of Illinois, the Executive Ethics
17Commission, the Offices of the Executive Inspectors General,
18the Legislative Ethics Commission, the Office of the
19Legislative Inspector General, the Office of the Auditor
20General's Inspector General, the Office of the Governor, the
21Governor's Office of Management and Budget, the Illinois
22Finance Authority, the Office of the Lieutenant Governor, the
23State Board of Elections, and educational employers or
24employers as defined in the Illinois Educational Labor
25Relations Act, except with respect to a state university in
26its employment of firefighters and peace officers and except

 

 

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1with respect to a school district in the employment of peace
2officers in its own police department in existence on the
3effective date of this amendatory Act of the 96th General
4Assembly. County boards and county sheriffs shall be
5designated as joint or co-employers of county peace officers
6appointed under the authority of a county sheriff. Nothing in
7this subsection (o) shall be construed to prevent the State
8Panel or the Local Panel from determining that employers are
9joint or co-employers.
10    (o-5) With respect to wages, fringe benefits, hours,
11holidays, vacations, proficiency examinations, sick leave, and
12other conditions of employment, the public employer of public
13employees who are court reporters, as defined in the Court
14Reporters Act, shall be determined as follows:
15        (1) For court reporters employed by the Cook County
16    Judicial Circuit, the chief judge of the Cook County
17    Circuit Court is the public employer and employer
18    representative.
19        (2) For court reporters employed by the 12th, 18th,
20    19th, and, on and after December 4, 2006, the 22nd
21    judicial circuits, a group consisting of the chief judges
22    of those circuits, acting jointly by majority vote, is the
23    public employer and employer representative.
24        (3) For court reporters employed by all other judicial
25    circuits, a group consisting of the chief judges of those
26    circuits, acting jointly by majority vote, is the public

 

 

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1    employer and employer representative.
2    (p) "Security employee" means an employee who is
3responsible for the supervision and control of inmates at
4correctional facilities. The term also includes other
5non-security employees in bargaining units having the majority
6of employees being responsible for the supervision and control
7of inmates at correctional facilities.
8    (q) "Short-term employee" means an employee who is
9employed for less than 2 consecutive calendar quarters during
10a calendar year and who does not have a reasonable assurance
11that he or she will be rehired by the same employer for the
12same service in a subsequent calendar year.
13    (q-5) "State agency" means an agency directly responsible
14to the Governor, as defined in Section 3.1 of the Executive
15Reorganization Implementation Act, and the Illinois Commerce
16Commission, the Illinois Workers' Compensation Commission, the
17Civil Service Commission, the Pollution Control Board, the
18Illinois Racing Board, and the Department of State Police
19Merit Board.
20    (r) "Supervisor" is:
21        (1) An employee whose principal work is substantially
22    different from that of his or her subordinates and who has
23    authority, in the interest of the employer, to hire,
24    transfer, suspend, lay off, recall, promote, discharge,
25    direct, reward, or discipline employees, to adjust their
26    grievances, or to effectively recommend any of those

 

 

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1    actions without independent review by others, if the
2    exercise of that authority is not of a merely routine or
3    clerical nature, but requires the consistent use of
4    independent judgment on behalf of the employer. The
5    authority to assign is not an indication of supervisory
6    status. Except with respect to police employment, the term
7    "supervisor" includes only those individuals who devote a
8    majority preponderance of their employment time to the
9    actual exercise of exercising that authority, State
10    supervisors notwithstanding. Determinations of supervisor
11    status shall be based on actual employee job duties and
12    not on written job descriptions. Nothing in this
13    definition prohibits an individual from also meeting the
14    definition of "managerial employee" under subsection (j)
15    of this Section. In addition, in determining supervisory
16    status in police employment, rank shall not be
17    determinative. The Board shall consider, as evidence of
18    bargaining unit inclusion or exclusion, the common law
19    enforcement policies and relationships between police
20    officer ranks and certification under applicable civil
21    service law, ordinances, personnel codes, or Division 2.1
22    of Article 10 of the Illinois Municipal Code, but these
23    factors shall not be the sole or predominant factors
24    considered by the Board in determining police supervisory
25    status. Subject to the following provisions of this
26    subsection (r), the definition of "supervisor" herein

 

 

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1    applies to all public employees.
2        Notwithstanding the provisions of the preceding
3    paragraph, in determining supervisory status in fire
4    fighter employment, no fire fighter shall be excluded as a
5    supervisor who has established representation rights under
6    Section 9 of this Act. Further, in new fire fighter units,
7    employees shall consist of fire fighters of the rank of
8    company officer and below. If a company officer otherwise
9    qualifies as a supervisor under the preceding paragraph,
10    however, he or she shall not be included in the fire
11    fighter unit. If there is no rank between that of chief and
12    the highest company officer, the employer may designate a
13    position on each shift as a Shift Commander, and the
14    persons occupying those positions shall be supervisors.
15    All other ranks above that of company officer shall be
16    supervisors.
17        (2) With respect only to State employees in positions
18    under the jurisdiction of the Attorney General, Secretary
19    of State, Comptroller, or Treasurer (i) that were
20    certified in a bargaining unit on or after December 2,
21    2008, (ii) for which a petition is filed with the Illinois
22    Public Labor Relations Board on or after April 5, 2013
23    (the effective date of Public Act 97-1172), or (iii) for
24    which a petition is pending before the Illinois Public
25    Labor Relations Board on that date, an employee who
26    qualifies as a supervisor under (A) Section 152 of the

 

 

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1    National Labor Relations Act and (B) orders of the
2    National Labor Relations Board interpreting that provision
3    or decisions of courts reviewing decisions of the National
4    Labor Relations Board.
5    (s)(1) "Unit" means a class of jobs or positions that are
6held by employees whose collective interests may suitably be
7represented by a labor organization for collective bargaining.
8Except with respect to non-State fire fighters and paramedics
9employed by fire departments and fire protection districts,
10non-State peace officers, and peace officers in the Department
11of State Police, a bargaining unit determined by the Board
12shall not include both employees and supervisors, or
13supervisors only, except as provided in paragraph (2) of this
14subsection (s) and except for bargaining units in existence on
15July 1, 1984 (the effective date of this Act). With respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Department of State
19Police, a bargaining unit determined by the Board shall not
20include both supervisors and nonsupervisors, or supervisors
21only, except as provided in paragraph (2) of this subsection
22(s) and except for bargaining units in existence on January 1,
231986 (the effective date of this amendatory Act of 1985). A
24bargaining unit determined by the Board to contain peace
25officers shall contain no employees other than peace officers
26unless otherwise agreed to by the employer and the labor

 

 

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1organization or labor organizations involved. Notwithstanding
2any other provision of this Act, a bargaining unit, including
3a historical bargaining unit, containing sworn peace officers
4of the Department of Natural Resources (formerly designated
5the Department of Conservation) shall contain no employees
6other than such sworn peace officers upon the effective date
7of this amendatory Act of 1990 or upon the expiration date of
8any collective bargaining agreement in effect upon the
9effective date of this amendatory Act of 1990 covering both
10such sworn peace officers and other employees. In bargaining
11units created after the effective date of this amendatory Act
12of the 102nd General Assembly, a bargaining unit determined by
13the Board shall not include both employees and managerial
14employees, or managerial employees only, except as provided in
15paragraph (4) of this subsection (s).
16    (2) Notwithstanding the exclusion of supervisors from
17bargaining units as provided in paragraph (1) of this
18subsection (s), a public employer may agree to permit its
19supervisory employees to form bargaining units and may bargain
20with those units. This Act shall apply if the public employer
21chooses to bargain under this subsection. Changes to
22bargaining units formed under this paragraph (2) shall be made
23only in accordance with Section 9.
24    (3) Public employees who are court reporters, as defined
25in the Court Reporters Act, shall be divided into 3 units for
26collective bargaining purposes. One unit shall be court

 

 

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1reporters employed by the Cook County Judicial Circuit; one
2unit shall be court reporters employed by the 12th, 18th,
319th, and, on and after December 4, 2006, the 22nd judicial
4circuits; and one unit shall be court reporters employed by
5all other judicial circuits.
6    (4) Notwithstanding the exclusion of managerial employees
7from bargaining units as provided in paragraph (1) of this
8subsection (s), a public employer may agree to permit its
9managerial employees to form bargaining units and may bargain
10with those units. This Act shall apply if the public employer
11chooses to bargain under this subsection (s). Changes to
12bargaining units formed under this paragraph (4) shall be made
13only in accordance with Section 9.
14    (t) "Active petition for certification in a bargaining
15unit" means a petition for certification filed with the Board
16under one of the following case numbers: S-RC-11-110;
17S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
18S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
19S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
20S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
21S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
22S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
23S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
24S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
25S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
26S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

 

 

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1S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
2S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
3S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
4S-RC-07-100.
5(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
6    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
7    Sec. 9. Elections; recognition.
8    (a) Whenever in accordance with such regulations as may be
9prescribed by the Board a petition has been filed:
10        (1) by a public employee or group of public employees
11    or any labor organization acting in their behalf
12    demonstrating that 30% of the public employees in an
13    appropriate unit (A) wish to be represented for the
14    purposes of collective bargaining by a labor organization
15    as exclusive representative, or (B) asserting that the
16    labor organization which has been certified or is
17    currently recognized by the public employer as bargaining
18    representative is no longer the representative of the
19    majority of public employees in the unit; or
20        (2) by a public employer alleging that one or more
21    labor organizations have presented to it a claim that they
22    be recognized as the representative of a majority of the
23    public employees in an appropriate unit,
24the Board shall investigate such petition, and if it has
25reasonable cause to believe that a question of representation

 

 

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1exists, shall provide for an appropriate hearing upon due
2notice. Such hearing shall be held at the offices of the Board
3or such other location as the Board deems appropriate. If it
4finds upon the record of the hearing that a question of
5representation exists, it shall direct an election in
6accordance with subsection (d) of this Section, which election
7shall be held not later than 120 days after the date the
8petition was filed regardless of whether that petition was
9filed before or after the effective date of this amendatory
10Act of 1987; provided, however, the Board may extend the time
11for holding an election by an additional 60 days if, upon
12motion by a person who has filed a petition under this Section
13or is the subject of a petition filed under this Section and is
14a party to such hearing, or upon the Board's own motion, the
15Board finds that good cause has been shown for extending the
16election date; provided further, that nothing in this Section
17shall prohibit the Board, in its discretion, from extending
18the time for holding an election for so long as may be
19necessary under the circumstances, where the purpose for such
20extension is to permit resolution by the Board of an unfair
21labor practice charge filed by one of the parties to a
22representational proceeding against the other based upon
23conduct which may either affect the existence of a question
24concerning representation or have a tendency to interfere with
25a fair and free election, where the party filing the charge has
26not filed a request to proceed with the election; and provided

 

 

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1further that prior to the expiration of the total time
2allotted for holding an election, a person who has filed a
3petition under this Section or is the subject of a petition
4filed under this Section and is a party to such hearing or the
5Board, may move for and obtain the entry of an order in the
6circuit court of the county in which the majority of the public
7employees sought to be represented by such person reside, such
8order extending the date upon which the election shall be
9held. Such order shall be issued by the circuit court only upon
10a judicial finding that there has been a sufficient showing
11that there is good cause to extend the election date beyond
12such period and shall require the Board to hold the election as
13soon as is feasible given the totality of the circumstances.
14Such 120 day period may be extended one or more times by the
15agreement of all parties to the hearing to a date certain
16without the necessity of obtaining a court order. Nothing in
17this Section prohibits the waiving of hearings by stipulation
18for the purpose of a consent election in conformity with the
19rules and regulations of the Board or an election in a unit
20agreed upon by the parties. Other interested employee
21organizations may intervene in the proceedings in the manner
22and within the time period specified by rules and regulations
23of the Board. Interested parties who are necessary to the
24proceedings may also intervene in the proceedings in the
25manner and within the time period specified by the rules and
26regulations of the Board.

 

 

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1    (a-5) The Board shall designate an exclusive
2representative for purposes of collective bargaining when the
3representative demonstrates a showing of majority interest by
4employees in the unit. If the parties to a dispute are without
5agreement on the means to ascertain the choice, if any, of
6employee organization as their representative, the Board shall
7ascertain the employees' choice of employee organization, on
8the basis of dues deduction authorization or other evidence,
9or, if necessary, by conducting an election. All evidence
10submitted by an employee organization to the Board to
11ascertain an employee's choice of an employee organization is
12confidential and shall not be submitted to the employer for
13review. The Board shall ascertain the employee's choice of
14employee organization within 120 days after the filing of the
15majority interest petition; however, the Board may extend time
16by an additional 60 days, upon its own motion or upon the
17motion of a party to the proceeding. If either party provides
18to the Board, before the designation of a representative,
19clear and convincing evidence that the dues deduction
20authorizations, and other evidence upon which the Board would
21otherwise rely to ascertain the employees' choice of
22representative, are fraudulent or were obtained through
23coercion, the Board shall promptly thereafter conduct an
24election. The Board shall also investigate and consider a
25party's allegations that the dues deduction authorizations and
26other evidence submitted in support of a designation of

 

 

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1representative without an election were subsequently changed,
2altered, withdrawn, or withheld as a result of employer fraud,
3coercion, or any other unfair labor practice by the employer.
4If the Board determines that a labor organization would have
5had a majority interest but for an employer's fraud, coercion,
6or unfair labor practice, it shall designate the labor
7organization as an exclusive representative without conducting
8an election. If a hearing is necessary to resolve any issues of
9representation under this Section, the Board shall conclude
10its hearing process and issue a certification of the entire
11appropriate unit not later than 120 days after the date the
12petition was filed. The 120-day period may be extended one or
13more times by the agreement of all parties to a hearing to a
14date certain.
15    (a-6) A labor organization or an employer may file a unit
16clarification petition seeking to clarify an existing
17bargaining unit. Unit clarification petitions may be filed
18only if: (1) substantial changes occur in the duties and
19functions of an existing job title, raising an issue as to the
20title's unit placement; (2) an existing job title that is
21logically encompassed within the existing unit was
22inadvertently excluded by the parties at the time the unit was
23established; (3) a newly created job title is logically
24encompassed within an existing unit; (4) a significant change
25takes place in statutory law that affects the bargaining
26rights of employees; (5) a determination needs to be made as to

 

 

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1the unit placement of positions in dispute following a
2majority interest certification of representative issued under
3subsection (a-5); (6) a determination needs to be made as to
4the unit placement of positions in dispute following a
5certification of representative issued following a direction
6of election under subsection (d); (7) the parties have agreed
7to eliminate a position or title because the employer no
8longer uses it; or (8) the parties have agreed to exclude some
9of the positions in a title or classification from a
10bargaining unit and include others. The Board shall conclude
11its investigation, including any hearing process deemed
12necessary, and issue a certification of clarified unit or
13dismiss the petition not later than 120 days after the date the
14petition was filed. The 120-day period may be extended one or
15more times by the agreement of all parties to a hearing to a
16date certain.
17    (b) The Board shall decide in each case, in order to assure
18public employees the fullest freedom in exercising the rights
19guaranteed by this Act, a unit appropriate for the purpose of
20collective bargaining, based upon but not limited to such
21factors as: historical pattern of recognition; community of
22interest including employee skills and functions; degree of
23functional integration; interchangeability and contact among
24employees; fragmentation of employee groups; common
25supervision, wages, hours and other working conditions of the
26employees involved; and the desires of the employees. For

 

 

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1purposes of this subsection, fragmentation shall not be the
2sole or predominant factor used by the Board in determining an
3appropriate bargaining unit. Except with respect to non-State
4fire fighters and paramedics employed by fire departments and
5fire protection districts, non-State peace officers and peace
6officers in the State Department of State Police, a single
7bargaining unit determined by the Board may not include both
8supervisors and nonsupervisors, except for bargaining units in
9existence on the effective date of this Act. With respect to
10non-State fire fighters and paramedics employed by fire
11departments and fire protection districts, non-State peace
12officers and peace officers in the State Department of State
13Police, a single bargaining unit determined by the Board may
14not include both supervisors and nonsupervisors, except for
15bargaining units in existence on the effective date of this
16amendatory Act of 1985.
17    In cases involving an historical pattern of recognition,
18and in cases where the employer has recognized the union as the
19sole and exclusive bargaining agent for a specified existing
20unit, the Board shall find the employees in the unit then
21represented by the union pursuant to the recognition to be the
22appropriate unit.
23    Notwithstanding the above factors, where the majority of
24public employees of a craft so decide, the Board shall
25designate such craft as a unit appropriate for the purposes of
26collective bargaining.

 

 

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1    The Board shall not decide that any unit is appropriate if
2such unit includes both professional and nonprofessional
3employees, unless a majority of each group votes for inclusion
4in such unit.
5    In describing the unit found appropriate for purposes of
6collective bargaining, the Board shall, at a party's request,
7describe the unit in job function terms rather than by job
8titles. Unit descriptions may also include those currently
9existing job titles that perform the job functions. A
10bargaining unit shall also include positions later filled that
11perform the job functions of a unit and job titles later
12created that: (i) are successor job titles to the currently
13existing job titles; (ii) perform the same or substantially
14similar job functions as the currently existing job titles; or
15(iii) are logically encompassed within an existing unit. The
16provisions of this paragraph shall apply to bargaining units
17in existence on the effective date of this amendatory Act of
18the 102nd General Assembly.
19    (c) Nothing in this Act shall interfere with or negate the
20current representation rights or patterns and practices of
21labor organizations which have historically represented public
22employees for the purpose of collective bargaining, including
23but not limited to the negotiations of wages, hours and
24working conditions, discussions of employees' grievances,
25resolution of jurisdictional disputes, or the establishment
26and maintenance of prevailing wage rates, unless a majority of

 

 

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1employees so represented express a contrary desire pursuant to
2the procedures set forth in this Act.
3    (d) In instances where the employer does not voluntarily
4recognize a labor organization as the exclusive bargaining
5representative for a unit of employees, the Board shall
6determine the majority representative of the public employees
7in an appropriate collective bargaining unit by conducting a
8secret ballot election, except as otherwise provided in
9subsection (a-5). Within 7 days after the Board issues its
10bargaining unit determination and direction of election or the
11execution of a stipulation for the purpose of a consent
12election, the public employer shall submit to the labor
13organization the complete names and addresses of those
14employees who are determined by the Board to be eligible to
15participate in the election. When the Board has determined
16that a labor organization has been fairly and freely chosen by
17a majority of employees in an appropriate unit, it shall
18certify such organization as the exclusive representative. If
19the Board determines that a majority of employees in an
20appropriate unit has fairly and freely chosen not to be
21represented by a labor organization, it shall so certify. The
22Board may also revoke the certification of the public employee
23organizations as exclusive bargaining representatives which
24have been found by a secret ballot election to be no longer the
25majority representative.
26    (e) The Board shall not conduct an election in any

 

 

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1bargaining unit or any subdivision thereof within which a
2valid election has been held in the preceding 12-month period.
3The Board shall determine who is eligible to vote in an
4election and shall establish rules governing the conduct of
5the election or conduct affecting the results of the election.
6The Board shall include on a ballot in a representation
7election a choice of "no representation". A labor organization
8currently representing the bargaining unit of employees shall
9be placed on the ballot in any representation election. In any
10election where none of the choices on the ballot receives a
11majority, a runoff election shall be conducted between the 2
12choices receiving the largest number of valid votes cast in
13the election. A labor organization which receives a majority
14of the votes cast in an election shall be certified by the
15Board as exclusive representative of all public employees in
16the unit.
17    (f) A labor organization shall be designated as the
18exclusive representative by a public employer, provided that
19the labor organization represents a majority of the public
20employees in an appropriate unit. Any employee organization
21which is designated or selected by the majority of public
22employees, in a unit of the public employer having no other
23recognized or certified representative, as their
24representative for purposes of collective bargaining may
25request recognition by the public employer in writing. The
26public employer shall post such request for a period of at

 

 

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1least 20 days following its receipt thereof on bulletin boards
2or other places used or reserved for employee notices.
3    (g) Within the 20-day period any other interested employee
4organization may petition the Board in the manner specified by
5rules and regulations of the Board, provided that such
6interested employee organization has been designated by at
7least 10% of the employees in an appropriate bargaining unit
8which includes all or some of the employees in the unit
9recognized by the employer. In such event, the Board shall
10proceed with the petition in the same manner as provided by
11paragraph (1) of subsection (a) of this Section.
12    (h) No election shall be directed by the Board in any
13bargaining unit where there is in force a valid collective
14bargaining agreement. The Board, however, may process an
15election petition filed between 90 and 60 days prior to the
16expiration of the date of an agreement, and may further
17refine, by rule or decision, the implementation of this
18provision. Where more than 4 years have elapsed since the
19effective date of the agreement, the agreement shall continue
20to bar an election, except that the Board may process an
21election petition filed between 90 and 60 days prior to the end
22of the fifth year of such an agreement, and between 90 and 60
23days prior to the end of each successive year of such
24agreement.
25    (i) An order of the Board dismissing a representation
26petition, determining and certifying that a labor organization

 

 

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1has been fairly and freely chosen by a majority of employees in
2an appropriate bargaining unit, determining and certifying
3that a labor organization has not been fairly and freely
4chosen by a majority of employees in the bargaining unit or
5certifying a labor organization as the exclusive
6representative of employees in an appropriate bargaining unit
7because of a determination by the Board that the labor
8organization is the historical bargaining representative of
9employees in the bargaining unit, is a final order. Any person
10aggrieved by any such order issued on or after the effective
11date of this amendatory Act of 1987 may apply for and obtain
12judicial review in accordance with provisions of the
13Administrative Review Law, as now or hereafter amended, except
14that such review shall be afforded directly in the Appellate
15Court for the district in which the aggrieved party resides or
16transacts business. Any direct appeal to the Appellate Court
17shall be filed within 35 days from the date that a copy of the
18decision sought to be reviewed was served upon the party
19affected by the decision.
20(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
21    (5 ILCS 315/21.5)
22    Sec. 21.5. Termination of certain agreements after
23constitutional officers take office.
24    (a) No collective bargaining agreement entered into, on or
25after the effective date of this amendatory Act of the 96th

 

 

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1General Assembly between an executive branch constitutional
2officer or any agency or department of an executive branch
3constitutional officer and a labor organization may extend
4more than 12 months after the date on beyond June 30th of the
5year in which the terms of office of executive branch
6constitutional officers begin.
7    (b) No collective bargaining agreement entered into, on or
8after the effective date of this amendatory Act of the 96th
9General Assembly between an executive branch constitutional
10officer or any agency or department of an executive branch
11constitutional officer and a labor organization may provide
12for an increase in salary, wages, or benefits starting on or
13after the first day of the terms of office of executive branch
14constitutional officers and ending June 30th of that same
15year. The provisions of this subsection (b) shall not apply to
16salary, pay schedules, or benefits that would continue because
17of the duty to maintain the status quo and to bargain in good
18faith.
19    (c) Any collective bargaining agreement in violation of
20this Section is terminated and rendered null and void by
21operation of law.
22    (d) For purposes of this Section, "executive branch
23constitutional officer" has the same meaning as that term is
24defined in the State Officials and Employees Ethics Act.
25(Source: P.A. 96-1529, eff. 2-16-11.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

SB0525- 38 -LRB102 11394 RJF 16727 b

1becoming law.