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Full Text of SB1989  97th General Assembly

SB1989 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1989

 

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 the following persons do not qualify as public employees for the purposes of the Act: legislative liaisons; deputy directors of departments; persons serving as chief legal counsel to a department; and persons serving as ethics officers under the State Officials and Employees Ethics Act. Defines "legislative liaison".


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1989LRB097 09292 JDS 49427 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    (i-5) "Legislative liaison" means a person who is an

 

 

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1employee of a department, division, agency, board, commission,
2or office under the jurisdiction of the Governor, Lieutenant
3Governor, Attorney General, Secretary of State, Comptroller,
4or Treasurer and who communicates in the course of his or her
5employment with any official or staff of the legislative branch
6of State government for the purpose of influencing any
7legislative action.
8    (j) "Managerial employee" means an individual who is
9engaged predominantly in executive and management functions
10and is charged with the responsibility of directing the
11effectuation of management policies and practices.
12    (k) "Peace officer" means, for the purposes of this Act
13only, any persons who have been or are hereafter appointed to a
14police force, department, or agency and sworn or commissioned
15to perform police duties, except that the following persons are
16not included: part-time police officers, special police
17officers, auxiliary police as defined by Section 3.1-30-20 of
18the Illinois Municipal Code, night watchmen, "merchant
19police", court security officers as defined by Section 3-6012.1
20of the Counties Code, temporary employees, traffic guards or
21wardens, civilian parking meter and parking facilities
22personnel or other individuals specially appointed to aid or
23direct traffic at or near schools or public functions or to aid
24in civil defense or disaster, parking enforcement employees who
25are not commissioned as peace officers and who are not armed
26and who are not routinely expected to effect arrests, parking

 

 

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1lot attendants, clerks and dispatchers or other civilian
2employees of a police department who are not routinely expected
3to effect arrests, or elected officials.
4    (l) "Person" includes one or more individuals, labor
5organizations, public employees, associations, corporations,
6legal representatives, trustees, trustees in bankruptcy,
7receivers, or the State of Illinois or any political
8subdivision of the State or governing body, but does not
9include the General Assembly of the State of Illinois or any
10individual employed by the General Assembly of the State of
11Illinois.
12    (m) "Professional employee" means any employee engaged in
13work predominantly intellectual and varied in character rather
14than routine mental, manual, mechanical or physical work;
15involving the consistent exercise of discretion and adjustment
16in its performance; of such a character that the output
17produced or the result accomplished cannot be standardized in
18relation to a given period of time; and requiring advanced
19knowledge in a field of science or learning customarily
20acquired by a prolonged course of specialized intellectual
21instruction and study in an institution of higher learning or a
22hospital, as distinguished from a general academic education or
23from apprenticeship or from training in the performance of
24routine mental, manual, or physical processes; or any employee
25who has completed the courses of specialized intellectual
26instruction and study prescribed in this subsection (m) and is

 

 

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1performing related work under the supervision of a professional
2person to qualify to become a professional employee as defined
3in this subsection (m).
4    (n) "Public employee" or "employee", for the purposes of
5this Act, means any individual employed by a public employer,
6including (i) interns and residents at public hospitals, (ii)
7as of the effective date of this amendatory Act of the 93rd
8General Assembly, but not before, personal care attendants and
9personal assistants working under the Home Services Program
10under Section 3 of the Disabled Persons Rehabilitation Act,
11subject to the limitations set forth in this Act and in the
12Disabled Persons Rehabilitation Act, and (iii) as of the
13effective date of this amendatory Act of the 94th General
14Assembly, but not before, child and day care home providers
15participating in the child care assistance program under
16Section 9A-11 of the Illinois Public Aid Code, subject to the
17limitations set forth in this Act and in Section 9A-11 of the
18Illinois Public Aid Code, but excluding all of the following:
19employees of the General Assembly of the State of Illinois;
20elected officials; executive heads of a department, including,
21but not limited to, persons who hold the rank of deputy
22director or chief legal counsel; members of boards or
23commissions; the Executive Inspectors General; any special
24Executive Inspectors General; employees of each Office of an
25Executive Inspector General; commissioners and employees of
26the Executive Ethics Commission; the Auditor General's

 

 

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1Inspector General; employees of the Office of the Auditor
2General's Inspector General; the Legislative Inspector
3General; any special Legislative Inspectors General; employees
4of the Office of the Legislative Inspector General;
5commissioners and employees of the Legislative Ethics
6Commission; persons serving as ethics officers under the State
7Officials and Employees Ethics Act; employees of any agency,
8board or commission created by this Act; employees appointed to
9State positions of a temporary or emergency nature; all
10employees of school districts and higher education
11institutions except firefighters and peace officers employed
12by a state university and except peace officers employed by a
13school district in its own police department in existence on
14the effective date of this amendatory Act of the 96th General
15Assembly; managerial employees; short-term employees;
16confidential employees; independent contractors; legislative
17liaisons; and supervisors except as provided in this Act.
18    Personal care attendants and personal assistants shall not
19be considered public employees for any purposes not
20specifically provided for in the amendatory Act of the 93rd
21General Assembly, including but not limited to, purposes of
22vicarious liability in tort and purposes of statutory
23retirement or health insurance benefits. Personal care
24attendants and personal assistants shall not be covered by the
25State Employees Group 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 for
2in this amendatory Act of the 94th General Assembly, including
3but not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Child and day care home providers shall not be covered by the
6State Employees Group Insurance Act of 1971.
7    Notwithstanding Section 9, subsection (c), or any other
8provisions of this Act, all peace officers above the rank of
9captain in municipalities with more than 1,000,000 inhabitants
10shall be excluded from this Act.
11    (o) Except as otherwise in subsection (o-5), "public
12employer" or "employer" means the State of Illinois; any
13political subdivision of the State, unit of local government or
14school district; authorities including departments, divisions,
15bureaus, boards, commissions, or other agencies of the
16foregoing entities; and any person acting within the scope of
17his or her authority, express or implied, on behalf of those
18entities in dealing with its employees. As of the effective
19date of the amendatory Act of the 93rd General Assembly, but
20not before, the State of Illinois shall be considered the
21employer of the personal care attendants and personal
22assistants working under the Home Services Program under
23Section 3 of the Disabled Persons Rehabilitation Act, subject
24to the limitations set forth in this Act and in the Disabled
25Persons Rehabilitation Act. The State shall not be considered
26to be the employer of personal care attendants and personal

 

 

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1assistants for any purposes not specifically provided for in
2this amendatory Act of the 93rd General Assembly, including but
3not limited to, purposes of vicarious liability in tort and
4purposes of statutory retirement or health insurance benefits.
5Personal care attendants and personal assistants shall not be
6covered by the State Employees Group Insurance Act of 1971 (5
7ILCS 375/). As of the effective date of this amendatory Act of
8the 94th General Assembly but not before, the State of Illinois
9shall be considered the employer of the day and child care home
10providers participating in the child care assistance program
11under Section 9A-11 of the Illinois Public Aid Code, subject to
12the limitations set forth in this Act and in Section 9A-11 of
13the Illinois Public Aid Code. The State shall not be considered
14to be the employer of child and day care home providers for any
15purposes not specifically provided for in this amendatory Act
16of the 94th General Assembly, including but not limited to,
17purposes of vicarious liability in tort and purposes of
18statutory retirement or health insurance benefits. Child and
19day care home providers shall not be covered by the State
20Employees Group Insurance Act of 1971.
21    "Public employer" or "employer" as used in this Act,
22however, does not mean and shall not include the General
23Assembly of the State of Illinois, the Executive Ethics
24Commission, the Offices of the Executive Inspectors General,
25the Legislative Ethics Commission, the Office of the
26Legislative Inspector General, the Office of the Auditor

 

 

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1General's Inspector General, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in its
4employment of firefighters and peace officers and except with
5respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be designated
9as joint or co-employers of county peace officers appointed
10under the authority of a county sheriff. Nothing in this
11subsection (o) shall be construed to prevent the State Panel or
12the Local Panel from determining that employers are joint or
13co-employers.
14    (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19        (1) For court reporters employed by the Cook County
20    Judicial Circuit, the chief judge of the Cook County
21    Circuit Court is the public employer and employer
22    representative.
23        (2) For court reporters employed by the 12th, 18th,
24    19th, and, on and after December 4, 2006, the 22nd 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        (3) For court reporters employed by all other judicial
3    circuits, a group consisting of the chief judges of those
4    circuits, acting jointly by majority vote, is the public
5    employer and employer representative.
6    (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12    (q) "Short-term employee" means an employee who is employed
13for less than 2 consecutive calendar quarters during a calendar
14year and who does not have a reasonable assurance that he or
15she will be rehired by the same employer for the same service
16in a subsequent calendar year.
17    (r) "Supervisor" is an employee whose principal work is
18substantially different from that of his or her subordinates
19and who has authority, in the interest of the employer, to
20hire, transfer, suspend, lay off, recall, promote, discharge,
21direct, reward, or discipline employees, to adjust their
22grievances, or to effectively recommend any of those actions,
23if the exercise of that authority is not of a merely routine or
24clerical nature, but requires the consistent use of independent
25judgment. Except with respect to police employment, the term
26"supervisor" includes only those individuals who devote a

 

 

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1preponderance of their employment time to exercising that
2authority, State supervisors notwithstanding. In addition, in
3determining supervisory status in police employment, rank
4shall not be determinative. The Board shall consider, as
5evidence of bargaining unit inclusion or exclusion, the common
6law enforcement policies and relationships between police
7officer ranks and certification under applicable civil service
8law, ordinances, personnel codes, or Division 2.1 of Article 10
9of the Illinois Municipal Code, but these factors shall not be
10the sole or predominant factors considered by the Board in
11determining police supervisory status.
12    Notwithstanding the provisions of the preceding paragraph,
13in determining supervisory status in fire fighter employment,
14no fire fighter shall be excluded as a supervisor who has
15established representation rights under Section 9 of this Act.
16Further, in new fire fighter units, employees shall consist of
17fire fighters of the rank of company officer and below. If a
18company officer otherwise qualifies as a supervisor under the
19preceding paragraph, however, he or she shall not be included
20in the fire fighter unit. If there is no rank between that of
21chief and the highest company officer, the employer may
22designate a position on each shift as a Shift Commander, and
23the persons occupying those positions shall be supervisors. All
24other ranks above that of company officer shall be supervisors.
25    (s) (1) "Unit" means a class of jobs or positions that are
26    held by employees whose collective interests may suitably

 

 

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1    be represented by a labor organization for collective
2    bargaining. Except with respect to non-State fire fighters
3    and paramedics employed by fire departments and fire
4    protection districts, non-State peace officers, and peace
5    officers in the Department of State Police, a bargaining
6    unit determined by the Board shall not include both
7    employees and supervisors, or supervisors only, except as
8    provided in paragraph (2) of this subsection (s) and except
9    for bargaining units in existence on July 1, 1984 (the
10    effective date of this Act). With respect to non-State fire
11    fighters and paramedics employed by fire departments and
12    fire protection districts, non-State peace officers, and
13    peace officers in the Department of State Police, a
14    bargaining unit determined by the Board shall not include
15    both supervisors and nonsupervisors, or supervisors only,
16    except as provided in paragraph (2) of this subsection (s)
17    and except for bargaining units in existence on January 1,
18    1986 (the effective date of this amendatory Act of 1985). A
19    bargaining unit determined by the Board to contain peace
20    officers shall contain no employees other than peace
21    officers unless otherwise agreed to by the employer and the
22    labor organization or labor organizations involved.
23    Notwithstanding any other provision of this Act, a
24    bargaining unit, including a historical bargaining unit,
25    containing sworn peace officers of the Department of
26    Natural Resources (formerly designated the Department of

 

 

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1    Conservation) shall contain no employees other than such
2    sworn peace officers upon the effective date of this
3    amendatory Act of 1990 or upon the expiration date of any
4    collective bargaining agreement in effect upon the
5    effective date of this amendatory Act of 1990 covering both
6    such sworn peace officers and other employees.
7        (2) Notwithstanding the exclusion of supervisors from
8    bargaining units as provided in paragraph (1) of this
9    subsection (s), a public employer may agree to permit its
10    supervisory employees to form bargaining units and may
11    bargain with those units. This Act shall apply if the
12    public employer chooses to bargain under this subsection.
13        (3) Public employees who are court reporters, as
14    defined in the Court Reporters Act, shall be divided into 3
15    units for collective bargaining purposes. One unit shall be
16    court reporters employed by the Cook County Judicial
17    Circuit; one unit shall be court reporters employed by the
18    12th, 18th, 19th, and, on and after December 4, 2006, the
19    22nd judicial circuits; and one unit shall be court
20    reporters employed by all other judicial circuits.
21(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)