Rep. John E. Bradley

Filed: 7/21/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 681

2    AMENDMENT NO. ______. Amend House Bill 681, AS AMENDED, by
3inserting the following Sections in their proper numeric
4sequence as follows:
 
5    "Section 1. Short title. This Act may be cited as the Local
6Government Taxpayer Protection Act of 2015.
 
7    Section 2. Legislative intent. As of 2015, Illinois
8taxpayers are paying the second highest median property taxes
9in the United States. While property taxes are a critical
10source of revenue for units of local government, school
11districts, and other local governmental entities, the high
12property tax burden hinders economic growth. The General
13Assembly finds that freezing property tax extensions until
14voters, acting by referendum, approve an increase in the tax
15extension will return control of local tax and spending policy
16to voters and, as property values begin to grow, reduce

 

 

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1property tax rates.
2    To ensure that units of local government, school districts,
3and other governmental entities that depend upon property tax
4revenue are able to continue providing critical services to
5their residents notwithstanding this property tax freeze, the
6General Assembly further finds that it is necessary to reduce
7the State-imposed mandates on local governments that have
8increased the cost of providing these services. These mandates
9include the following:
10        (1) According to the United States Census Bureau's 2012
11    report on state and local government finance, employee
12    wages and benefits are the largest operational expense of
13    local governments in Illinois. Although the Illinois
14    Public Labor Relations Act and the Illinois Educational
15    Labor Relations Act are intended to afford local
16    governments with discretion over their budgets, employee
17    costs remain a significant expense. The changes made by
18    this amendatory Act of the 99th General Assembly to the
19    Illinois Public Labor Relations Act and the Illinois
20    Educational Labor Relations Act are intended to empower
21    local governments to contain these costs.
22        (2) Despite critical infrastructure and capital needs,
23    the cost of capital projects is often higher for local
24    governments than for the private sector. In particular,
25    labor costs are higher due to the State's mandated
26    prevailing wage, which often exceeds the wage required for

 

 

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1    federally funded projects and the wage that actually
2    prevails in the market, and the use of project labor
3    agreements.
4    The purpose of this amendatory Act of the 99th General
5Assembly is to alleviate the property tax burden. To offset the
6property tax freeze, it is necessary to reduce labor and
7capital costs incurred by units of local government, school
8districts, and other local governmental entities as a result of
9State mandates.
 
10    Section 3. The Illinois Public Labor Relations Act is
11amended by changing Section 4 and by adding Section 4.5 as
12follows:
 
13    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
14    (Text of Section WITH the changes made by P.A. 98-599,
15which has been held unconstitutional)
16    Sec. 4. Management Rights.
17    (a) Employers shall not be required to bargain over matters
18of inherent managerial policy, which shall include such areas
19of discretion or policy as the functions of the employer,
20standards of services, its overall budget, the organizational
21structure and selection of new employees, examination
22techniques and direction of employees. Employers, however,
23shall be required to bargain collectively with regard to policy
24matters directly affecting wages, hours and terms and

 

 

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1conditions of employment as well as the impact thereon upon
2request by employee representatives, except as provided in this
3Section or Section 7.5.
4    To preserve the rights of employers and exclusive
5representatives which have established collective bargaining
6relationships or negotiated collective bargaining agreements
7prior to the effective date of this Act, employers shall be
8required to bargain collectively with regard to any matter
9concerning wages, hours or conditions of employment about which
10they have bargained for and agreed to in a collective
11bargaining agreement prior to the effective date of this Act,
12except as provided in this Section or Section 7.5.
13    The chief judge of the judicial circuit that employs a
14public employee who is a court reporter, as defined in the
15Court Reporters Act, has the authority to hire, appoint,
16promote, evaluate, discipline, and discharge court reporters
17within that judicial circuit.
18    Nothing in this amendatory Act of the 94th General Assembly
19shall be construed to intrude upon the judicial functions of
20any court. This amendatory Act of the 94th General Assembly
21applies only to nonjudicial administrative matters relating to
22the collective bargaining rights of court reporters.
23    (b) In any unit of local government or school district to
24which this subsection applies, as provided in Section 4.5 of
25this Act, public employees or a labor organization may not
26bargain collectively on:

 

 

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1        (1) the decision of the employer to contract with a
2    third party for any services, the process for bidding on
3    such a contract, the identity of the provider of such
4    services, or the effect of any such contract on bargaining
5    unit members, provided that this subsection does not limit
6    the ability of employees or a labor organization to bid on
7    any such contract;
8        (2) any pay increase, either through changes to the pay
9    schedule or as a result of accumulated years of service, in
10    excess of the amount specified by ordinance or resolution
11    of the governing authority of the public employer;
12        (3) the provision of any health insurance, including
13    the payment of premiums, the extent of coverage, or the
14    identity of the insurer;
15        (4) the use of employee time for business of the labor
16    organization, other than reasonable time provided to an
17    employee to attend a grievance hearing when his or her
18    rights are substantially affected by the hearing or his or
19    her testimony is needed for the determination of any
20    substantial factual question;
21        (5) required levels of staffing for departments,
22    divisions, shifts, stations, or assignments; or
23        (6) procedures, processes, forms, and criteria for
24    personnel evaluations, or the use of evaluations or
25    seniority in assignments, promotions, layoffs, and
26    reductions-in-force.

 

 

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1    (c) Any agreement, understanding, or practice, whether
2written or oral, and whether express or implied, between any
3labor organization and any public employer made in violation of
4this Section is hereby declared to be unlawful, null and void,
5and of no legal effect.
6(Source: P.A. 98-599, eff. 6-1-14.)
 
7    (Text of Section WITHOUT the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 4. Management Rights.
10    (a) Employers shall not be required to bargain over matters
11of inherent managerial policy, which shall include such areas
12of discretion or policy as the functions of the employer,
13standards of services, its overall budget, the organizational
14structure and selection of new employees, examination
15techniques and direction of employees. Employers, however,
16shall be required to bargain collectively with regard to policy
17matters directly affecting wages, hours and terms and
18conditions of employment as well as the impact thereon upon
19request by employee representatives, except as provided in this
20Section.
21    To preserve the rights of employers and exclusive
22representatives which have established collective bargaining
23relationships or negotiated collective bargaining agreements
24prior to the effective date of this Act, employers shall be
25required to bargain collectively with regard to any matter

 

 

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1concerning wages, hours or conditions of employment about which
2they have bargained for and agreed to in a collective
3bargaining agreement prior to the effective date of this Act,
4except as provided in this Section.
5    The chief judge of the judicial circuit that employs a
6public employee who is a court reporter, as defined in the
7Court Reporters Act, has the authority to hire, appoint,
8promote, evaluate, discipline, and discharge court reporters
9within that judicial circuit.
10    Nothing in this amendatory Act of the 94th General Assembly
11shall be construed to intrude upon the judicial functions of
12any court. This amendatory Act of the 94th General Assembly
13applies only to nonjudicial administrative matters relating to
14the collective bargaining rights of court reporters.
15    (b) In any unit of local government or school district to
16which this subsection applies, as provided in Section 4.5 of
17this Act, public employees or a labor organization may not
18bargain collectively on:
19        (1) the decision of the employer to contract with a
20    third party for any services, the process for bidding on
21    such a contract, the identity of the provider of such
22    services, or the effect of any such contract on bargaining
23    unit members, provided that this subsection does not limit
24    the ability of employees or a labor organization to bid on
25    any such contract;
26        (2) any pay increase, either through changes to the pay

 

 

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1    schedule or as a result of accumulated years of service, in
2    excess of the amount specified by ordinance or resolution
3    of the governing authority of the public employer;
4        (3) the provision of any health insurance, including
5    the payment of premiums, the extent of coverage, or the
6    identity of the insurer;
7        (4) the use of employee time for business of the labor
8    organization, other than reasonable time provided to an
9    employee to attend a grievance hearing when his or her
10    rights are substantially affected by the hearing or his or
11    her testimony is needed for the determination of any
12    substantial factual question;
13        (5) required levels of staffing for departments,
14    divisions, shifts, stations, or assignments; or
15        (6) procedures, processes, forms, and criteria for
16    personnel evaluations, or the use of evaluations or
17    seniority in assignments, promotions, layoffs, and
18    reductions-in-force.
19    (c) Any agreement, understanding, or practice, whether
20written or oral, and whether express or implied, between any
21labor organization and any public employer made in violation of
22this Section is hereby declared to be unlawful, null and void,
23and of no legal effect.
24(Source: P.A. 94-98, eff. 7-1-05.)
 
25    (5 ILCS 315/4.5 new)

 

 

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1    Sec. 4.5. Adoption of limitations on subjects of collective
2bargaining.
3    (a) The county board or board of county commissioners of a
4county may by ordinance elect to apply the limitations under
5subsection (b) of Section 4 to bargaining with that county and
6with any other public employer whose boundaries are entirely
7within that county.
8    (b) The corporate authorities of a municipality may by
9ordinance elect to apply the limitations under subsection (b)
10of Section 4 to bargaining with that municipality and with any
11other public employer whose boundaries are entirely within that
12municipality.
13    (c) The governing authority of a unit of local government
14or school district, including a county or municipality, may by
15ordinance or resolution elect to apply the limitations under
16subsection (b) of Section 4 to bargaining with that unit of
17local government or school district.
18    (d) If a petition, signed by a number of registered voters
19equal in number to at least 5% of the total number of
20registered voters in a county or municipality, asking to apply
21the limitations under subsection (b) of Section 4 to collective
22bargaining in that county or municipality is presented to the
23clerk of that county or municipality, the clerk shall certify
24the question of whether to apply such limitations in that
25county or municipality to the proper election authority, who
26shall submit the question at the next election in accordance

 

 

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1with the general election law.
2    The question of whether to apply the limitations under
3subsection (b) of Section 4 shall be presented in substantially
4the following form:
5        Shall each unit of local government and school district
6    located within (legal name of the county or municipality)
7    be free to determine certain matters without negotiating
8    with employee unions, such as the use of service providers,
9    the decision to provide health benefits, caps on total
10    payroll, employees' use of government time for union
11    matters, required staffing levels, evaluation procedures,
12    and, in the case of schools, curriculum?
13    The votes must be recorded as "Yes" or "No". If a majority
14of voters voting on the question are in favor of applying such
15limitations, subsection (b) of Section 4 shall apply to
16bargaining with that county or municipality and with any other
17public employer whose boundaries are entirely within that
18county or municipality.
19    (e) If a petition, signed by a number of registered voters
20equal in number to at least 5% of the total number of
21registered voters in a unit of local government or school
22district, asking to apply the limitations under subsection (b)
23of Section 4 to collective bargaining with that unit of local
24government or school district is presented to the clerk of that
25unit of local government or school district, the clerk shall
26certify the question of whether to apply such limitations to

 

 

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1that unit of local government or school district to the proper
2election authority, who shall submit the question at the next
3election in accordance with the general election law.
4    The question of whether to apply the limitations under
5subsection (b) of Section 4 shall be presented in substantially
6the following form:
7        Shall (the legal name of the unit of local government
8    or school district) be free to determine certain matters
9    without negotiating with employee unions, such as the use
10    of service providers, the decision to provide health
11    benefits, caps on total payroll, employees' use of
12    government time for union matters, required staffing
13    levels, evaluation procedures, and, in the case of schools,
14    curriculum?
15    The votes must be recorded as "Yes" or "No". If a majority
16of voters voting on the question are in favor of applying such
17limitations, subsection (b) of Section 4 shall apply to
18bargaining with that unit of local government or school
19district.
 
20    Section 10. The Local Government Energy Conservation Act is
21amended by changing Section 3 as follows:
 
22    (50 ILCS 515/3)
23    Sec. 3. Applicable laws. Other State laws and related
24administrative requirements apply to this Act, including, but

 

 

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1not limited to, the following laws and related administrative
2requirements: the Illinois Human Rights Act, the Prevailing
3Wage Act, the Public Construction Bond Act, the Public Works
4Preference Act (repealed on June 16, 2010 by Public Act
596-929), the Employment of Illinois Workers on Public Works
6Act, the Freedom of Information Act, the Open Meetings Act, the
7Illinois Architecture Practice Act of 1989, the Professional
8Engineering Practice Act of 1989, the Structural Engineering
9Practice Act of 1989, the Local Government Professional
10Services Selection Act, and the Contractor Unified License and
11Permit Bond Act.
12(Source: P.A. 97-333, eff. 8-12-11.)
 
13    Section 15. The Local Government Facility Lease Act is
14amended by changing Section 35 as follows:
 
15    (50 ILCS 615/35)
16    Sec. 35. Wage requirements. In order to protect the wages,
17working conditions, and job opportunities of employees
18employed by the lessee of leased facility property used for
19airport purposes to perform work on the site of the leased
20premises previously performed by employees of the lessor on the
21site of the leased premises and who were in recognized
22bargaining units at the time of the lease, the lessee, and any
23subcontractor retained by the lessee to perform such work on
24the site of the leased premises, shall be required to pay to

 

 

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1those employees an amount not less than the economic equivalent
2of the standard of wages and benefits enjoyed by the lessor's
3employees who previously performed that work. The lessor shall
4certify to the lessee the amount of wages and benefits (or
5their equivalent) as of the time of the lease, and any changes
6to those amounts as they may occur during the term of the
7lease. All projects at the leased facility property used for
8airport purposes shall be considered public works for purposes
9of the Prevailing Wage Act.
10(Source: P.A. 94-750, eff. 5-9-06.)
 
11    Section 20. The Counties Code is amended by changing
12Section 5-1134 as follows:
 
13    (55 ILCS 5/5-1134)
14    Sec. 5-1134. Project labor agreements.
15    (a) Any sports, arts, or entertainment facilities that
16receive revenue from a tax imposed under subsection (b) of
17Section 5-1030 of this Code shall be considered to be public
18works within the meaning of the Prevailing Wage Act. The county
19authorities responsible for the construction, renovation,
20modification, or alteration of the sports, arts, or
21entertainment facilities shall enter into project labor
22agreements with labor organizations as defined in the National
23Labor Relations Act to assure that no labor dispute interrupts
24or interferes with the construction, renovation, modification,

 

 

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1or alteration of the projects.
2    (b) The project labor agreements must include the
3following:
4        (1) provisions establishing the minimum hourly wage
5    for each class of labor organization employees;
6        (2) provisions establishing the benefits and other
7    compensation for such class of labor organization; and
8        (3) provisions establishing that no strike or disputes
9    will be engaged in by the labor organization employees.
10    The county, taxing bodies, municipalities, and the labor
11organizations shall have the authority to include other terms
12and conditions as they deem necessary.
13    (c) The project labor agreement shall be filed with the
14Director of the Illinois Department of Labor in accordance with
15procedures established by the Department. At a minimum, the
16project labor agreement must provide the names, addresses, and
17occupations of the owner of the facilities and the individuals
18representing the labor organization employees participating in
19the project labor agreement. The agreement must also specify
20the terms and conditions required in subsection (b) of this
21Section.
22    (d) In any agreement for the construction or rehabilitation
23of a facility using revenue generated under subsection (b) of
24Section 5-1030 of this Code, in connection with the
25prequalification of general contractors for construction or
26rehabilitation of the facility, it shall be required that a

 

 

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1commitment will be submitted detailing how the general
2contractor will expend 15% or more of the aggregate dollar
3value of the project as a whole with one or more minority-owned
4businesses, female-owned businesses, or businesses owned by a
5person with a disability, as these terms are defined in Section
62 of the Business Enterprise for Minorities, Females, and
7Persons with Disabilities Act.
8(Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)
 
9    (60 ILCS 1/100-20 rep.)
10    Section 25. The Township Code is amended by repealing
11Section 100-20.
 
12    Section 30. The School Code is amended by changing Section
1319b-15 as follows:
 
14    (105 ILCS 5/19b-15)
15    Sec. 19b-15. Applicable laws. Other State laws and related
16administrative requirements apply to this Article, including,
17but not limited to, the following laws and related
18administrative requirements: the Illinois Human Rights Act,
19the Prevailing Wage Act, the Public Construction Bond Act, the
20Public Works Preference Act (repealed on June 16, 2010 by
21Public Act 96-929), the Employment of Illinois Workers on
22Public Works Act, the Freedom of Information Act, the Open
23Meetings Act, the Illinois Architecture Practice Act of 1989,

 

 

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1the Professional Engineering Practice Act of 1989, the
2Structural Engineering Practice Act of 1989, the Local
3Government Professional Services Selection Act, and the
4Contractor Unified License and Permit Bond Act.
5(Source: P.A. 97-333, eff. 8-12-11.)
 
6    Section 35. The Public Community College Act is amended by
7changing Section 1-3 as follows:
 
8    (110 ILCS 805/1-3)
9    Sec. 1-3. Applicable laws. Other State laws and related
10administrative requirements apply to this Act, including, but
11not limited to, the following laws and related administrative
12requirements: the Illinois Human Rights Act, the Prevailing
13Wage Act, the Public Construction Bond Act, the Employment of
14Illinois Workers on Public Works Act, the Freedom of
15Information Act, the Open Meetings Act, the Illinois
16Architecture Practice Act of 1989, the Professional
17Engineering Practice Act of 1989, the Structural Engineering
18Practice Act of 1989, the Local Government Professional
19Services Selection Act, and the Contractor Unified License and
20Permit Bond Act. The provisions of the Procurement of Domestic
21Products Act shall apply to this Act to the extent practicable,
22provided that the Procurement of Domestic Products Act must not
23be applied to this Act in a manner that is inconsistent with
24the requirements of this Act.

 

 

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1(Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)
 
2    Section 40. The Illinois Educational Labor Relations Act is
3amended by changing Sections 4.5 and 7 and by adding Section
44.7 as follows:
 
5    (115 ILCS 5/4.5)
6    Sec. 4.5. Subjects of collective bargaining.
7    (a) Notwithstanding the existence of any other provision in
8this Act or other law, collective bargaining between an
9educational employer whose territorial boundaries are
10coterminous with those of a city having a population in excess
11of 500,000 and an exclusive representative of its employees may
12include any of the following subjects:
13        (1) (Blank).
14        (2) Decisions to contract with a third party for one or
15    more services otherwise performed by employees in a
16    bargaining unit and the procedures for obtaining such
17    contract or the identity of the third party, except as
18    provided in subsection (d).
19        (3) Decisions to layoff or reduce in force employees,
20    except as provided in subsection (d) with respect to a
21    layoff or reduction in force resulting from a service
22    contract.
23        (4) Decisions to determine class size, class staffing
24    and assignment, class schedules, academic calendar, length

 

 

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1    of the work and school day with respect to a public school
2    district organized under Article 34 of the School Code
3    only, length of the work and school year with respect to a
4    public school district organized under Article 34 of the
5    School Code only, hours and places of instruction, or pupil
6    assessment policies.
7        (5) Decisions concerning use and staffing of
8    experimental or pilot programs and decisions concerning
9    use of technology to deliver educational programs and
10    services and staffing to provide the technology.
11    (b) The subject or matters described in subsection (a) are
12permissive subjects of bargaining between an educational
13employer and an exclusive representative of its employees and,
14for the purpose of this Act, are within the sole discretion of
15the educational employer to decide to bargain, provided that
16the educational employer is required to bargain over the impact
17of a decision concerning such subject or matter on the
18bargaining unit upon request by the exclusive representative.
19During this bargaining, the educational employer shall not be
20precluded from implementing its decision. If, after a
21reasonable period of bargaining, a dispute or impasse exists
22between the educational employer and the exclusive
23representative, the dispute or impasse shall be resolved
24exclusively as set forth in subsection (b) of Section 12 of
25this Act in lieu of a strike under Section 13 of this Act.
26Neither the Board nor any mediator or fact-finder appointed

 

 

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1pursuant to subsection (a-10) of Section 12 of this Act shall
2have jurisdiction over such a dispute or impasse.
3    (c) A provision in a collective bargaining agreement that
4was rendered null and void because it involved a prohibited
5subject of collective bargaining under this subsection (c) as
6this subsection (c) existed before the effective date of this
7amendatory Act of the 93rd General Assembly remains null and
8void and shall not otherwise be reinstated in any successor
9agreement unless the educational employer and exclusive
10representative otherwise agree to include an agreement reached
11on a subject or matter described in subsection (a) of this
12Section as subsection (a) existed before this amendatory Act of
13the 93rd General Assembly.
14    (d) In any public school district to which this subsection
15applies, as provided in Section 4.7, public employees or a
16labor organization may not bargain collectively on:
17        (1) the decision of the educational employer to
18    contract with a third party for any services, the process
19    for bidding on such a contract, the identity of the
20    provider of such services, or the effect of any such
21    contract on bargaining unit members, provided that this
22    subsection does not limit the ability of educational
23    employees or a labor organization to bid on any such
24    contract;
25        (2) any pay increase, either through changes to the pay
26    schedule or as a result of accumulated years of service, in

 

 

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1    excess of the amount specified by resolution of the
2    governing body of the public school district;
3        (3) the provision of any health insurance, including
4    the payment of premiums, the extent of coverage, or the
5    identity of the insurer;
6        (4) the use of educational employee time for business
7    of the labor organization, other than reasonable time
8    provided to an educational employee to attend a grievance
9    hearing when his or her rights are substantially affected
10    by the hearing or his or her testimony is needed for the
11    determination of any substantial factual question;
12        (5) required levels of staffing for departments,
13    divisions, shifts, stations, or assignments;
14        (6) procedures, processes, forms, and criteria for
15    personnel evaluations, or the use of evaluations or
16    seniority in assignments, promotions, layoffs, and
17    reductions-in-force; or
18        (7) curriculum or standards of student academic
19    performance, conduct, and discipline in school.
20    (e) If subsection (b) of Section 4 of the Illinois Public
21Labor Relations Act applies to a public school district,
22educational employees or a labor organization may not bargain
23collectively on the matters described in that subsection or on
24the matters described in paragraph (7) of subsection (d) of
25this Section.
26    (f) Any agreement, understanding, or practice, whether

 

 

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1written or oral, and whether express or implied, between any
2labor organization and any educational employer made in
3violation of this Section is hereby declared to be unlawful,
4null and void, and of no legal effect.
5(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
6    (115 ILCS 5/4.7 new)
7    Sec. 4.7. Adoption of limitations on subjects of collective
8bargaining.
9    (a) The governing body of a public school district may by
10resolution prohibit elect to apply the limitations under
11subsection (d) of Section 4.5 to bargaining with that public
12school district.
13    (b) If a petition, signed by a number of registered voters
14equal in number to at least 5% of the total number of
15registered voters in a public school district, asking to apply
16the limitations under subsection (d) of Section 4.5 to that
17public school district is presented to the clerk of that public
18school district, the clerk shall certify the question of
19whether to apply such limitations to that public school
20district to the proper election authority, who shall submit the
21question at the next election in accordance with the general
22election law.
23    The question of whether to apply the limitations under
24subsection (d) of Section 4.5 shall be presented in
25substantially the following form:

 

 

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1        Shall (the legal name of the public school district) be
2    free to determine certain matters without negotiating with
3    employee unions, such as the use of service providers, the
4    decision to provide health benefits, caps on total payroll,
5    employees' use of government time for union matters,
6    required staffing levels, evaluation procedures, and
7    curriculum?
8    The votes must be recorded as "Yes" or "No". If a majority
9of voters voting on the question are in favor of applying such
10limitations, subsection (d) of Section 4.5 shall apply to
11bargaining with that public school district.
 
12    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
13    Sec. 7. Recognition of exclusive bargaining
14representatives - unit determination. The Board is empowered
15to administer the recognition of bargaining representatives of
16employees of public school districts, including employees of
17districts which have entered into joint agreements, or
18employees of public community college districts, or any State
19college or university, and any State agency whose major
20function is providing educational services, making certain
21that each bargaining unit contains employees with an
22identifiable community of interest and that no unit includes
23both professional employees and nonprofessional employees
24unless a majority of employees in each group vote for inclusion
25in the unit.

 

 

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1    (a) In determining the appropriateness of a unit, the Board
2shall decide in each case, in order to ensure employees the
3fullest freedom in exercising the rights guaranteed by this
4Act, the unit appropriate for the purpose of collective
5bargaining, based upon but not limited to such factors as
6historical pattern of recognition, community of interest,
7including employee skills and functions, degree of functional
8integration, interchangeability and contact among employees,
9common supervision, wages, hours and other working conditions
10of the employees involved, and the desires of the employees.
11Nothing in this Act, except as herein provided, shall interfere
12with or negate the current representation rights or patterns
13and practices of employee organizations which have
14historically represented employees for the purposes of
15collective bargaining, including but not limited to the
16negotiations of wages, hours and working conditions,
17resolutions of employees' grievances, or resolution of
18jurisdictional disputes, or the establishment and maintenance
19of prevailing wage rates, unless a majority of the employees so
20represented expresses a contrary desire under the procedures
21set forth in this Act. This Section, however, does not prohibit
22multi-unit bargaining. Notwithstanding the above factors,
23where the majority of public employees of a craft so decide,
24the Board shall designate such craft as a unit appropriate for
25the purposes of collective bargaining.
26    The sole appropriate bargaining unit for tenured and

 

 

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1tenure-track academic faculty at each campus of the University
2of Illinois shall be a unit that is comprised of
3non-supervisory academic faculty employed more than half-time
4and that includes all tenured and tenure-track faculty of that
5University campus employed by the board of trustees in all of
6the campus's undergraduate, graduate, and professional schools
7and degree and non-degree programs (with the exception of the
8college of medicine, the college of pharmacy, the college of
9dentistry, the college of law, and the college of veterinary
10medicine, each of which shall have its own separate unit),
11regardless of current or historical representation rights or
12patterns or the application of any other factors. Any decision,
13rule, or regulation promulgated by the Board to the contrary
14shall be null and void.
15    (b) An educational employer shall voluntarily recognize a
16labor organization for collective bargaining purposes if that
17organization appears to represent a majority of employees in
18the unit. The employer shall post notice of its intent to so
19recognize for a period of at least 20 school days on bulletin
20boards or other places used or reserved for employee notices.
21Thereafter, the employer, if satisfied as to the majority
22status of the employee organization, shall send written
23notification of such recognition to the Board for
24certification. Any dispute regarding the majority status of a
25labor organization shall be resolved by the Board which shall
26make the determination of majority status.

 

 

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1    Within the 20 day notice period, however, any other
2interested employee organization may petition the Board to seek
3recognition as the exclusive representative of the unit in the
4manner specified by rules and regulations prescribed by the
5Board, if such interested employee organization has been
6designated by at least 15% of the employees in an appropriate
7bargaining unit which includes all or some of the employees in
8the unit intended to be recognized by the employer. In such
9event, the Board shall proceed with the petition in the same
10manner as provided in paragraph (c) of this Section.
11    (c) A labor organization may also gain recognition as the
12exclusive representative by an election of the employees in the
13unit. Petitions requesting an election may be filed with the
14Board:
15        (1) by an employee or group of employees or any labor
16    organizations acting on their behalf alleging and
17    presenting evidence that 30% or more of the employees in a
18    bargaining unit wish to be represented for collective
19    bargaining or that the labor organization which has been
20    acting as the exclusive bargaining representative is no
21    longer representative of a majority of the employees in the
22    unit; or
23        (2) by an employer alleging that one or more labor
24    organizations have presented a claim to be recognized as an
25    exclusive bargaining representative of a majority of the
26    employees in an appropriate unit and that it doubts the

 

 

09900HB0681ham002- 26 -LRB099 04496 HLH 37126 a

1    majority status of any of the organizations or that it
2    doubts the majority status of an exclusive bargaining
3    representative.
4    The Board shall investigate the petition and if it has
5reasonable cause to suspect that a question of representation
6exists, it shall give notice and conduct a hearing. If it finds
7upon the record of the hearing that a question of
8representation exists, it shall direct an election, which shall
9be held no later than 90 days after the date the petition was
10filed. Nothing prohibits the waiving of hearings by the parties
11and the conduct of consent elections.
12    (c-5) The Board shall designate an exclusive
13representative for purposes of collective bargaining when the
14representative demonstrates a showing of majority interest by
15employees in the unit. If the parties to a dispute are without
16agreement on the means to ascertain the choice, if any, of
17employee organization as their representative, the Board shall
18ascertain the employees' choice of employee organization, on
19the basis of dues deduction authorization or other evidence,
20or, if necessary, by conducting an election. All evidence
21submitted by an employee organization to the Board to ascertain
22an employee's choice of an employee organization is
23confidential and shall not be submitted to the employer for
24review. The Board shall ascertain the employee's choice of
25employee organization within 120 days after the filing of the
26majority interest petition; however, the Board may extend time

 

 

09900HB0681ham002- 27 -LRB099 04496 HLH 37126 a

1by an additional 60 days, upon its own motion or upon the
2motion of a party to the proceeding. If either party provides
3to the Board, before the designation of a representative, clear
4and convincing evidence that the dues deduction
5authorizations, and other evidence upon which the Board would
6otherwise rely to ascertain the employees' choice of
7representative, are fraudulent or were obtained through
8coercion, the Board shall promptly thereafter conduct an
9election. The Board shall also investigate and consider a
10party's allegations that the dues deduction authorizations and
11other evidence submitted in support of a designation of
12representative without an election were subsequently changed,
13altered, withdrawn, or withheld as a result of employer fraud,
14coercion, or any other unfair labor practice by the employer.
15If the Board determines that a labor organization would have
16had a majority interest but for an employer's fraud, coercion,
17or unfair labor practice, it shall designate the labor
18organization as an exclusive representative without conducting
19an election. If a hearing is necessary to resolve any issues of
20representation under this Section, the Board shall conclude its
21hearing process and issue a certification of the entire
22appropriate unit not later than 120 days after the date the
23petition was filed. The 120-day period may be extended one or
24more times by the agreement of all parties to a hearing to a
25date certain.
26    (c-6) A labor organization or an employer may file a unit

 

 

09900HB0681ham002- 28 -LRB099 04496 HLH 37126 a

1clarification petition seeking to clarify an existing
2bargaining unit. The Board shall conclude its investigation,
3including any hearing process deemed necessary, and issue a
4certification of clarified unit or dismiss the petition not
5later than 120 days after the date the petition was filed. The
6120-day period may be extended one or more times by the
7agreement of all parties to a hearing to a date certain.
8    (d) An order of the Board dismissing a representation
9petition, determining and certifying that a labor organization
10has been fairly and freely chosen by a majority of employees in
11an appropriate bargaining unit, determining and certifying
12that a labor organization has not been fairly and freely chosen
13by a majority of employees in the bargaining unit or certifying
14a labor organization as the exclusive representative of
15employees in an appropriate bargaining unit because of a
16determination by the Board that the labor organization is the
17historical bargaining representative of employees in the
18bargaining unit, is a final order. Any person aggrieved by any
19such order issued on or after the effective date of this
20amendatory Act of 1987 may apply for and obtain judicial review
21in accordance with provisions of the Administrative Review Law,
22as now or hereafter amended, except that such review shall be
23afforded directly in the Appellate Court of a judicial district
24in which the Board maintains an office. Any direct appeal to
25the Appellate Court shall be filed within 35 days from the date
26that a copy of the decision sought to be reviewed was served

 

 

09900HB0681ham002- 29 -LRB099 04496 HLH 37126 a

1upon the party affected by the decision.
2    No election may be conducted in any bargaining unit during
3the term of a collective bargaining agreement covering such
4unit or subdivision thereof, except the Board may direct an
5election after the filing of a petition between January 15 and
6March 1 of the final year of a collective bargaining agreement.
7Nothing in this Section prohibits the negotiation of a
8collective bargaining agreement covering a period not
9exceeding 3 years. A collective bargaining agreement of less
10than 3 years may be extended up to 3 years by the parties if the
11extension is agreed to in writing before the filing of a
12petition under this Section. In such case, the final year of
13the extension is the final year of the collective bargaining
14agreement. No election may be conducted in a bargaining unit,
15or subdivision thereof, in which a valid election has been held
16within the preceding 12 month period.
17(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
18    Section 45. The Prevailing Wage Act is amended by changing
19Section 2 as follows:
 
20    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
21    Sec. 2. This Act applies to the wages of laborers,
22mechanics and other workers employed in any public works, as
23hereinafter defined, by any public body and to anyone under
24contracts for public works. This includes any maintenance,

 

 

09900HB0681ham002- 30 -LRB099 04496 HLH 37126 a

1repair, assembly, or disassembly work performed on equipment
2whether owned, leased, or rented.
3    As used in this Act, unless the context indicates
4otherwise:
5    "Public works" means all fixed works constructed or
6demolished by any public body, or paid for wholly or in part
7out of public funds. "Public works" as defined herein includes
8all projects financed in whole or in part with bonds, grants,
9loans, or other funds made available by or through the State or
10any of its political subdivisions, including but not limited
11to: bonds issued under the Industrial Project Revenue Bond Act
12(Article 11, Division 74 of the Illinois Municipal Code), the
13Industrial Building Revenue Bond Act, the Illinois Finance
14Authority Act, the Illinois Sports Facilities Authority Act, or
15the Build Illinois Bond Act; loans or other funds made
16available pursuant to the Build Illinois Act; loans or other
17funds made available pursuant to the Riverfront Development
18Fund under Section 10-15 of the River Edge Redevelopment Zone
19Act; or funds from the Fund for Illinois' Future under Section
206z-47 of the State Finance Act, funds for school construction
21under Section 5 of the General Obligation Bond Act, funds
22authorized under Section 3 of the School Construction Bond Act,
23funds for school infrastructure under Section 6z-45 of the
24State Finance Act, and funds for transportation purposes under
25Section 4 of the General Obligation Bond Act. "Public works"
26also includes (i) all projects financed in whole or in part

 

 

09900HB0681ham002- 31 -LRB099 04496 HLH 37126 a

1with funds from the Department of Commerce and Economic
2Opportunity under the Illinois Renewable Fuels Development
3Program Act for which there is no project labor agreement; (ii)
4all work performed pursuant to a public private agreement under
5the Public Private Agreements for the Illiana Expressway Act or
6the Public-Private Agreements for the South Suburban Airport
7Act; and (iii) all projects undertaken under a public-private
8agreement under the Public-Private Partnerships for
9Transportation Act. "Public works" also includes all projects
10at leased facility property used for airport purposes under
11Section 35 of the Local Government Facility Lease Act. "Public
12works" also includes the construction of a new wind power
13facility by a business designated as a High Impact Business
14under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
15"Public works" does not include work done directly by any
16public utility company, whether or not done under public
17supervision or direction, or paid for wholly or in part out of
18public funds. "Public works" also includes any corrective
19action performed pursuant to Title XVI of the Environmental
20Protection Act for which payment from the Underground Storage
21Tank Fund is requested. "Public works" does not include
22projects undertaken by the owner at an owner-occupied
23single-family residence or at an owner-occupied unit of a
24multi-family residence. "Public works" does not include work
25performed for soil and water conservation purposes on
26agricultural lands, whether or not done under public

 

 

09900HB0681ham002- 32 -LRB099 04496 HLH 37126 a

1supervision or paid for wholly or in part out of public funds,
2done directly by an owner or person who has legal control of
3those lands.
4    "Public works" does not include work done or projects
5performed by or on behalf of a unit of local government or
6school district whether or not done under public supervision or
7paid for wholly or in part with public funds and whether or not
8owned by a unit of local government or a school district.
9    "Construction" means all work on public works involving
10laborers, workers or mechanics. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    "Locality" means the county where the physical work upon
14public works is performed, except (1) that if there is not
15available in the county a sufficient number of competent
16skilled laborers, workers and mechanics to construct the public
17works efficiently and properly, "locality" includes any other
18county nearest the one in which the work or construction is to
19be performed and from which such persons may be obtained in
20sufficient numbers to perform the work and (2) that, with
21respect to contracts for highway work with the Department of
22Transportation of this State, "locality" may at the discretion
23of the Secretary of the Department of Transportation be
24construed to include two or more adjacent counties from which
25workers may be accessible for work on such construction.
26    "Public body" means the State or any officer, board or

 

 

09900HB0681ham002- 33 -LRB099 04496 HLH 37126 a

1commission of the State or any political subdivision or
2department thereof, or any institution supported in whole or in
3part by public funds; "public body" does not, however, include
4a unit of local government or a school district , and includes
5every county, city, town, village, township, school district,
6irrigation, utility, reclamation improvement or other district
7and every other political subdivision, district or
8municipality of the state whether such political subdivision,
9municipality or district operates under a special charter or
10not.
11    The terms "general prevailing rate of hourly wages",
12"general prevailing rate of wages" or "prevailing rate of
13wages" when used in this Act mean the hourly cash wages plus
14annualized fringe benefits for training and apprenticeship
15programs approved by the U.S. Department of Labor, Bureau of
16Apprenticeship and Training, health and welfare, insurance,
17vacations and pensions paid generally, in the locality in which
18the work is being performed, to employees engaged in work of a
19similar character on public works.
20(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
2198-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
227-16-14.)".