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Full Text of SB1988  97th General Assembly

SB1988 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1988

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

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

    Amends the Illinois Public Labor Relations Act. Provides that persons who are serving or have served in positions that are wholly exempt from the requirements of Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), do not qualify as public employees under the Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1988LRB097 09291 JDS 49426 b

1    AN ACT concerning government.
 
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 Section 3 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 other
15conditions of employment, as detailed in Section 7 and which
16are 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 access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal care attendants or personal
26assistants under Executive Order 2003-8 prior to the effective

 

 

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1date of this amendatory Act of the 93rd General Assembly, and
2the organization shall be considered to be the exclusive
3representative of the personal care attendants or personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12    With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer 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 peace officers or fire
3fighters in an appropriate bargaining unit.
4    (g) "Fair share agreement" means an agreement between the
5employer and an employee organization under which all or any of
6the employees in a collective bargaining unit are required to
7pay their proportionate share of the costs of the collective
8bargaining process, contract administration, and pursuing
9matters affecting wages, hours, and other conditions of
10employment, but not to exceed the amount of dues uniformly
11required of members. The amount certified by the exclusive
12representative shall not include any fees for contributions
13related to the election or support of any candidate for
14political office. Nothing in this subsection (g) shall preclude
15an employee from making voluntary political contributions in
16conjunction with his or her fair share payment.
17    (g-1) "Fire fighter" means, for the purposes of this Act
18only, any person who has been or is hereafter appointed to a
19fire department or fire protection district or employed by a
20state university and sworn or commissioned to perform fire
21fighter duties or paramedic duties, except that the following
22persons are not included: part-time fire fighters, auxiliary,
23reserve or voluntary fire fighters, including paid on-call fire
24fighters, clerks and dispatchers or other civilian employees of
25a fire department or fire protection district who are not
26routinely expected to perform fire fighter duties, or elected

 

 

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1officials.
2    (g-2) "General Assembly of the State of Illinois" means the
3legislative branch of the government of the State of Illinois,
4as provided for under Article IV of the Constitution of the
5State of Illinois, and includes but is not limited to the House
6of Representatives, the Senate, the Speaker of the House of
7Representatives, the Minority Leader of the House of
8Representatives, the President of the Senate, the Minority
9Leader of the Senate, the Joint Committee on Legislative
10Support Services and any legislative support services agency
11listed in the Legislative Commission Reorganization Act of
121984.
13    (h) "Governing body" means, in the case of the State, the
14State Panel of the Illinois Labor Relations Board, the Director
15of the Department of Central Management Services, and the
16Director of the Department of Labor; the county board in the
17case of a county; the corporate authorities in the case of a
18municipality; and the appropriate body authorized to provide
19for expenditures of its funds in the case of any other unit of
20government.
21    (i) "Labor organization" means any organization in which
22public employees participate and that exists for the purpose,
23in whole or in part, of dealing with a public employer
24concerning wages, hours, and other terms and conditions of
25employment, including the settlement of grievances.
26    (j) "Managerial employee" means an individual who is

 

 

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1engaged predominantly in executive and management functions
2and is charged with the responsibility of directing the
3effectuation of management policies and practices.
4    (k) "Peace officer" means, for the purposes of this Act
5only, any persons who have been or are hereafter appointed to a
6police force, department, or agency and sworn or commissioned
7to perform police duties, except that the following persons are
8not included: part-time police officers, special police
9officers, auxiliary police as defined by Section 3.1-30-20 of
10the Illinois Municipal Code, night watchmen, "merchant
11police", court security officers as defined by Section 3-6012.1
12of the Counties Code, temporary employees, traffic guards or
13wardens, civilian parking meter and parking facilities
14personnel or other individuals specially appointed to aid or
15direct traffic at or near schools or public functions or to aid
16in civil defense or disaster, parking enforcement employees who
17are not commissioned as peace officers and who are not armed
18and who are not routinely expected to effect arrests, parking
19lot attendants, clerks and dispatchers or other civilian
20employees of a police department who are not routinely expected
21to effect arrests, or elected officials.
22    (l) "Person" includes one or more individuals, labor
23organizations, public employees, associations, corporations,
24legal representatives, trustees, trustees in bankruptcy,
25receivers, or the State of Illinois or any political
26subdivision of the State or governing body, but does not

 

 

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

 

 

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1personal assistants working under the Home Services Program
2under Section 3 of the Disabled Persons Rehabilitation Act,
3subject to the limitations set forth in this Act and in the
4Disabled Persons Rehabilitation Act, and (iii) as of the
5effective date of this amendatory Act of the 94th General
6Assembly, but not before, child and day care home providers
7participating in the child care assistance program under
8Section 9A-11 of the Illinois Public Aid Code, subject to the
9limitations set forth in this Act and in Section 9A-11 of the
10Illinois Public Aid Code, but excluding all of the following:
11employees of the General Assembly of the State of Illinois;
12elected officials; executive heads of a department; members of
13boards or commissions; the Executive Inspectors General; any
14special Executive Inspectors General; employees of each Office
15of an Executive Inspector General; commissioners and employees
16of the Executive Ethics Commission; the Auditor General's
17Inspector General; employees of the Office of the Auditor
18General's Inspector General; the Legislative Inspector
19General; any special Legislative Inspectors General; employees
20of the Office of the Legislative Inspector General;
21commissioners and employees of the Legislative Ethics
22Commission; employees of any agency, board or commission
23created by this Act; employees appointed to State positions of
24a temporary or emergency nature; all employees of school
25districts and higher education institutions except
26firefighters and peace officers employed by a state university

 

 

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1and except peace officers employed by a school district in its
2own police department in existence on the effective date of
3this amendatory Act of the 96th General Assembly; managerial
4employees; short-term employees; confidential employees;
5independent contractors; persons who are serving, or have
6served, in a position that is wholly exempt from the
7requirements of Rutan v. Republican Party of Illinois, 497 U.S.
862 (1990); and supervisors except as provided in this Act.
9    Personal care attendants and personal assistants shall not
10be considered public employees for any purposes not
11specifically provided for in the amendatory Act of the 93rd
12General Assembly, including but not limited to, purposes of
13vicarious liability in tort and purposes of statutory
14retirement or health insurance benefits. Personal care
15attendants and personal assistants shall not be covered by the
16State Employees Group Insurance Act of 1971 (5 ILCS 375/).
17    Child and day care home providers shall not be considered
18public employees for any purposes not specifically provided for
19in this amendatory Act of the 94th General Assembly, including
20but not limited to, purposes of vicarious liability in tort and
21purposes of statutory retirement or health insurance benefits.
22Child and day care home providers shall not be covered by the
23State Employees Group Insurance Act of 1971.
24    Notwithstanding Section 9, subsection (c), or any other
25provisions of this Act, all peace officers above the rank of
26captain in municipalities with more than 1,000,000 inhabitants

 

 

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1shall be excluded from this Act.
2    (o) Except as otherwise in subsection (o-5), "public
3employer" or "employer" means the State of Illinois; any
4political subdivision of the State, unit of local government or
5school district; authorities including departments, divisions,
6bureaus, boards, commissions, or other agencies of the
7foregoing entities; and any person acting within the scope of
8his or her authority, express or implied, on behalf of those
9entities in dealing with its employees. As of the effective
10date of the amendatory Act of the 93rd General Assembly, but
11not before, the State of Illinois shall be considered the
12employer of the personal care attendants and personal
13assistants working under the Home Services Program under
14Section 3 of the Disabled Persons Rehabilitation Act, subject
15to the limitations set forth in this Act and in the Disabled
16Persons Rehabilitation Act. The State shall not be considered
17to be the employer of personal care attendants and personal
18assistants for any purposes not specifically provided for in
19this amendatory Act of the 93rd General Assembly, including but
20not limited to, purposes of vicarious liability in tort and
21purposes of statutory retirement or health insurance benefits.
22Personal care attendants and personal assistants shall not be
23covered by the State Employees Group Insurance Act of 1971 (5
24ILCS 375/). As of the effective date of this amendatory Act of
25the 94th General Assembly but not before, the State of Illinois
26shall be considered the employer of the day and child care home

 

 

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1providers participating in the child care assistance program
2under Section 9A-11 of the Illinois Public Aid Code, subject to
3the limitations set forth in this Act and in Section 9A-11 of
4the Illinois Public Aid Code. The State shall not be considered
5to be the employer of child and day care home providers for any
6purposes not specifically provided for in this amendatory Act
7of the 94th General Assembly, including but not limited to,
8purposes of vicarious liability in tort and purposes of
9statutory retirement or health insurance benefits. Child and
10day care home providers shall not be covered by the State
11Employees Group Insurance Act of 1971.
12    "Public employer" or "employer" as used in this Act,
13however, does not mean and shall not include the General
14Assembly of the State of Illinois, the Executive Ethics
15Commission, the Offices of the Executive Inspectors General,
16the Legislative Ethics Commission, the Office of the
17Legislative Inspector General, the Office of the Auditor
18General's Inspector General, and educational employers or
19employers as defined in the Illinois Educational Labor
20Relations Act, except with respect to a state university in its
21employment of firefighters and peace officers and except with
22respect to a school district in the employment of peace
23officers in its own police department in existence on the
24effective date of this amendatory Act of the 96th General
25Assembly. County boards and county sheriffs shall be designated
26as joint or co-employers of county peace officers appointed

 

 

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1under the authority of a county sheriff. Nothing in this
2subsection (o) shall be construed to prevent the State Panel or
3the Local Panel from determining that employers are joint or
4co-employers.
5    (o-5) With respect to wages, fringe benefits, hours,
6holidays, vacations, proficiency examinations, sick leave, and
7other conditions of employment, the public employer of public
8employees who are court reporters, as defined in the Court
9Reporters Act, shall be determined as follows:
10        (1) For court reporters employed by the Cook County
11    Judicial Circuit, the chief judge of the Cook County
12    Circuit Court is the public employer and employer
13    representative.
14        (2) For court reporters employed by the 12th, 18th,
15    19th, and, on and after December 4, 2006, the 22nd judicial
16    circuits, a group consisting of the chief judges of those
17    circuits, acting jointly by majority vote, is the public
18    employer and employer representative.
19        (3) For court reporters employed by all other judicial
20    circuits, a group consisting of the chief judges of those
21    circuits, acting jointly by majority vote, is the public
22    employer and employer representative.
23    (p) "Security employee" means an employee who is
24responsible for the supervision and control of inmates at
25correctional facilities. The term also includes other
26non-security employees in bargaining units having the majority

 

 

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1of employees being responsible for the supervision and control
2of inmates at correctional facilities.
3    (q) "Short-term employee" means an employee who is employed
4for less than 2 consecutive calendar quarters during a calendar
5year and who does not have a reasonable assurance that he or
6she will be rehired by the same employer for the same service
7in a subsequent calendar year.
8    (r) "Supervisor" is an employee whose principal work is
9substantially different from that of his or her subordinates
10and who has authority, in the interest of the employer, to
11hire, transfer, suspend, lay off, recall, promote, discharge,
12direct, reward, or discipline employees, to adjust their
13grievances, or to effectively recommend any of those actions,
14if the exercise of that authority is not of a merely routine or
15clerical nature, but requires the consistent use of independent
16judgment. Except with respect to police employment, the term
17"supervisor" includes only those individuals who devote a
18preponderance of their employment time to exercising that
19authority, State supervisors notwithstanding. In addition, in
20determining supervisory status in police employment, rank
21shall not be determinative. The Board shall consider, as
22evidence of bargaining unit inclusion or exclusion, the common
23law enforcement policies and relationships between police
24officer ranks and certification under applicable civil service
25law, ordinances, personnel codes, or Division 2.1 of Article 10
26of the Illinois Municipal Code, but these factors shall not be

 

 

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1the sole or predominant factors considered by the Board in
2determining police supervisory status.
3    Notwithstanding the provisions of the preceding paragraph,
4in determining supervisory status in fire fighter employment,
5no fire fighter shall be excluded as a supervisor who has
6established representation rights under Section 9 of this Act.
7Further, in new fire fighter units, employees shall consist of
8fire fighters of the rank of company officer and below. If a
9company officer otherwise qualifies as a supervisor under the
10preceding paragraph, however, he or she shall not be included
11in the fire fighter unit. If there is no rank between that of
12chief and the highest company officer, the employer may
13designate a position on each shift as a Shift Commander, and
14the persons occupying those positions shall be supervisors. All
15other ranks above that of company officer shall be supervisors.
16    (s) (1) "Unit" means a class of jobs or positions that are
17    held by employees whose collective interests may suitably
18    be represented by a labor organization for collective
19    bargaining. Except with respect to non-State fire fighters
20    and paramedics employed by fire departments and fire
21    protection districts, non-State peace officers, and peace
22    officers in the Department of State Police, a bargaining
23    unit determined by the Board shall not include both
24    employees and supervisors, or supervisors only, except as
25    provided in paragraph (2) of this subsection (s) and except
26    for bargaining units in existence on July 1, 1984 (the

 

 

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1    effective date of this Act). With respect to non-State fire
2    fighters and paramedics employed by fire departments and
3    fire protection districts, non-State peace officers, and
4    peace officers in the Department of State Police, a
5    bargaining unit determined by the Board shall not include
6    both supervisors and nonsupervisors, or supervisors only,
7    except as provided in paragraph (2) of this subsection (s)
8    and except for bargaining units in existence on January 1,
9    1986 (the effective date of this amendatory Act of 1985). A
10    bargaining unit determined by the Board to contain peace
11    officers shall contain no employees other than peace
12    officers unless otherwise agreed to by the employer and the
13    labor organization or labor organizations involved.
14    Notwithstanding any other provision of this Act, a
15    bargaining unit, including a historical bargaining unit,
16    containing sworn peace officers of the Department of
17    Natural Resources (formerly designated the Department of
18    Conservation) shall contain no employees other than such
19    sworn peace officers upon the effective date of this
20    amendatory Act of 1990 or upon the expiration date of any
21    collective bargaining agreement in effect upon the
22    effective date of this amendatory Act of 1990 covering both
23    such sworn peace officers and other employees.
24        (2) Notwithstanding the exclusion of supervisors from
25    bargaining units as provided in paragraph (1) of this
26    subsection (s), a public employer may agree to permit its

 

 

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1    supervisory employees to form bargaining units and may
2    bargain with those units. This Act shall apply if the
3    public employer chooses to bargain under this subsection.
4        (3) Public employees who are court reporters, as
5    defined in the Court Reporters Act, shall be divided into 3
6    units for collective bargaining purposes. One unit shall be
7    court reporters employed by the Cook County Judicial
8    Circuit; one unit shall be court reporters employed by the
9    12th, 18th, 19th, and, on and after December 4, 2006, the
10    22nd judicial circuits; and one unit shall be court
11    reporters employed by all other judicial circuits.
12(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)