Illinois General Assembly - Full Text of SB3016
Illinois General Assembly

Previous General Assemblies

Full Text of SB3016  98th General Assembly

SB3016 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3016

 

Introduced 2/7/2014, by Sen. Michael Connelly

 

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

    Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Effective immediately.


LRB098 17375 OMW 52473 b

 

 

A BILL FOR

 

SB3016LRB098 17375 OMW 52473 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. A

 

 

SB3016- 2 -LRB098 17375 OMW 52473 b

1secretary, assistant, or one of like position to a person who
2formulates, determines, and effectuates labor relations policy
3is presumed to be a "confidential employee". The following is
4considered to be a person who formulates, determines, and
5effectuates labor relations policy under the Act: (i) the
6mayor, village president, county board president, county board
7chairman, or other chief executive officer of a unit of local
8government, and (ii) any village or city manager or village or
9city administrator, or anyone in a like position in any unit of
10local government.
11    (d) "Craft employees" means skilled journeymen, crafts
12persons, and their apprentices and helpers.
13    (e) "Essential services employees" means those public
14employees performing functions so essential that the
15interruption or termination of the function will constitute a
16clear and present danger to the health and safety of the
17persons in the affected community.
18    (f) "Exclusive representative", except with respect to
19non-State fire fighters and paramedics employed by fire
20departments and fire protection districts, non-State peace
21officers, and peace officers in the Department of State Police,
22means the labor organization that has been (i) designated by
23the Board as the representative of a majority of public
24employees in an appropriate bargaining unit in accordance with
25the procedures contained in this Act, (ii) historically
26recognized by the State of Illinois or any political

 

 

SB3016- 3 -LRB098 17375 OMW 52473 b

1subdivision of the State before July 1, 1984 (the effective
2date of this Act) as the exclusive representative of the
3employees in an appropriate bargaining unit, (iii) after July
41, 1984 (the effective date of this Act) recognized by an
5employer upon evidence, acceptable to the Board, that the labor
6organization has been designated as the exclusive
7representative by a majority of the employees in an appropriate
8bargaining unit; (iv) recognized as the exclusive
9representative of personal care attendants or personal
10assistants under Executive Order 2003-8 prior to the effective
11date of this amendatory Act of the 93rd General Assembly, and
12the organization shall be considered to be the exclusive
13representative of the personal care attendants or personal
14assistants as defined in this Section; or (v) recognized as the
15exclusive representative of child and day care home providers,
16including licensed and license exempt providers, pursuant to an
17election held under Executive Order 2005-1 prior to the
18effective date of this amendatory Act of the 94th General
19Assembly, and the organization shall be considered to be the
20exclusive representative of the child and day care home
21providers as defined in this Section.
22    With respect to non-State fire fighters and paramedics
23employed by fire departments and fire protection districts,
24non-State peace officers, and peace officers in the Department
25of State Police, "exclusive representative" means the labor
26organization that has been (i) designated by the Board as the

 

 

SB3016- 4 -LRB098 17375 OMW 52473 b

1representative of a majority of peace officers or fire fighters
2in an appropriate bargaining unit in accordance with the
3procedures contained in this Act, (ii) historically recognized
4by the State of Illinois or any political subdivision of the
5State before January 1, 1986 (the effective date of this
6amendatory Act of 1985) as the exclusive representative by a
7majority of the peace officers or fire fighters in an
8appropriate bargaining unit, or (iii) after January 1, 1986
9(the effective date of this amendatory Act of 1985) recognized
10by an employer upon evidence, acceptable to the Board, that the
11labor organization has been designated as the exclusive
12representative by a majority of the peace officers or fire
13fighters in an appropriate bargaining unit.
14    Where a historical pattern of representation exists for the
15workers of a water system that was owned by a public utility,
16as defined in Section 3-105 of the Public Utilities Act, prior
17to becoming certified employees of a municipality or
18municipalities once the municipality or municipalities have
19acquired the water system as authorized in Section 11-124-5 of
20the Illinois Municipal Code, the Board shall find the labor
21organization that has historically represented the workers to
22be the exclusive representative under this Act, and shall find
23the unit represented by the exclusive representative to be the
24appropriate unit.
25    (g) "Fair share agreement" means an agreement between the
26employer and an employee organization under which all or any of

 

 

SB3016- 5 -LRB098 17375 OMW 52473 b

1the employees in a collective bargaining unit are required to
2pay their proportionate share of the costs of the collective
3bargaining process, contract administration, and pursuing
4matters affecting wages, hours, and other conditions of
5employment, but not to exceed the amount of dues uniformly
6required of members. The amount certified by the exclusive
7representative shall not include any fees for contributions
8related to the election or support of any candidate for
9political office. Nothing in this subsection (g) shall preclude
10an employee from making voluntary political contributions in
11conjunction with his or her fair share payment.
12    (g-1) "Fire fighter" means, for the purposes of this Act
13only, any person who has been or is hereafter appointed to a
14fire department or fire protection district or employed by a
15state university and sworn or commissioned to perform fire
16fighter duties or paramedic duties, except that the following
17persons are not included: part-time fire fighters, auxiliary,
18reserve or voluntary fire fighters, including paid on-call fire
19fighters, clerks and dispatchers or other civilian employees of
20a fire department or fire protection district who are not
21routinely expected to perform fire fighter duties, or elected
22officials.
23    (g-2) "General Assembly of the State of Illinois" means the
24legislative branch of the government of the State of Illinois,
25as provided for under Article IV of the Constitution of the
26State of Illinois, and includes but is not limited to the House

 

 

SB3016- 6 -LRB098 17375 OMW 52473 b

1of Representatives, the Senate, the Speaker of the House of
2Representatives, the Minority Leader of the House of
3Representatives, the President of the Senate, the Minority
4Leader of the Senate, the Joint Committee on Legislative
5Support Services and any legislative support services agency
6listed in the Legislative Commission Reorganization Act of
71984.
8    (h) "Governing body" means, in the case of the State, the
9State Panel of the Illinois Labor Relations Board, the Director
10of the Department of Central Management Services, and the
11Director of the Department of Labor; the county board in the
12case of a county; the corporate authorities in the case of a
13municipality; and the appropriate body authorized to provide
14for expenditures of its funds in the case of any other unit of
15government.
16    (i) "Labor organization" means any organization in which
17public employees participate and that exists for the purpose,
18in whole or in part, of dealing with a public employer
19concerning wages, hours, and other terms and conditions of
20employment, including the settlement of grievances.
21    (i-5) "Legislative liaison" means a person who is an
22employee of a State agency, the Attorney General, the Secretary
23of State, the Comptroller, or the Treasurer, as the case may
24be, and whose job duties require the person to regularly
25communicate in the course of his or her employment with any
26official or staff of the General Assembly of the State of

 

 

SB3016- 7 -LRB098 17375 OMW 52473 b

1Illinois for the purpose of influencing any legislative action.
2    (j) "Managerial employee" means an individual who is
3engaged predominantly in executive and management functions
4and is charged with the responsibility of directing the
5effectuation of management policies and practices. With
6respect only to State employees in positions under the
7jurisdiction of the Attorney General, Secretary of State,
8Comptroller, or Treasurer (i) that were certified in a
9bargaining unit on or after December 2, 2008, (ii) for which a
10petition is filed with the Illinois Public Labor Relations
11Board on or after April 5, 2013 (the effective date of Public
12Act 97-1172), or (iii) for which a petition is pending before
13the Illinois Public Labor Relations Board on that date,
14"managerial employee" means an individual who is engaged in
15executive and management functions or who is charged with the
16effectuation of management policies and practices or who
17represents management interests by taking or recommending
18discretionary actions that effectively control or implement
19policy. Nothing in this definition prohibits an individual from
20also meeting the definition of "supervisor" under subsection
21(r) of this Section.
22    (k) "Peace officer" means, for the purposes of this Act
23only, any persons who have been or are hereafter appointed to a
24police force, department, or agency and sworn or commissioned
25to perform police duties, except that the following persons are
26not included: part-time police officers, special police

 

 

SB3016- 8 -LRB098 17375 OMW 52473 b

1officers, auxiliary police as defined by Section 3.1-30-20 of
2the Illinois Municipal Code, night watchmen, "merchant
3police", court security officers as defined by Section 3-6012.1
4of the Counties Code, temporary employees, traffic guards or
5wardens, civilian parking meter and parking facilities
6personnel or other individuals specially appointed to aid or
7direct traffic at or near schools or public functions or to aid
8in civil defense or disaster, parking enforcement employees who
9are not commissioned as peace officers and who are not armed
10and who are not routinely expected to effect arrests, parking
11lot attendants, clerks and dispatchers or other civilian
12employees of a police department who are not routinely expected
13to effect arrests, or elected officials.
14    (l) "Person" includes one or more individuals, labor
15organizations, public employees, associations, corporations,
16legal representatives, trustees, trustees in bankruptcy,
17receivers, or the State of Illinois or any political
18subdivision of the State or governing body, but does not
19include the General Assembly of the State of Illinois or any
20individual employed by the General Assembly of the State of
21Illinois.
22    (m) "Professional employee" means any employee engaged in
23work predominantly intellectual and varied in character rather
24than routine mental, manual, mechanical or physical work;
25involving the consistent exercise of discretion and adjustment
26in its performance; of such a character that the output

 

 

SB3016- 9 -LRB098 17375 OMW 52473 b

1produced or the result accomplished cannot be standardized in
2relation to a given period of time; and requiring advanced
3knowledge in a field of science or learning customarily
4acquired by a prolonged course of specialized intellectual
5instruction and study in an institution of higher learning or a
6hospital, as distinguished from a general academic education or
7from apprenticeship or from training in the performance of
8routine mental, manual, or physical processes; or any employee
9who has completed the courses of specialized intellectual
10instruction and study prescribed in this subsection (m) and is
11performing related work under the supervision of a professional
12person to qualify to become a professional employee as defined
13in this subsection (m).
14    (n) "Public employee" or "employee", for the purposes of
15this Act, means any individual employed by a public employer,
16including (i) interns and residents at public hospitals, (ii)
17as of the effective date of this amendatory Act of the 93rd
18General Assembly, but not before, personal care attendants and
19personal assistants working under the Home Services Program
20under Section 3 of the Disabled Persons Rehabilitation Act,
21subject to the limitations set forth in this Act and in the
22Disabled Persons Rehabilitation Act, (iii) as of the effective
23date of this amendatory Act of the 94th General Assembly, but
24not before, child and day care home providers participating in
25the child care assistance program under Section 9A-11 of the
26Illinois Public Aid Code, subject to the limitations set forth

 

 

SB3016- 10 -LRB098 17375 OMW 52473 b

1in this Act and in Section 9A-11 of the Illinois Public Aid
2Code, (iv) as of January 29, 2013 (the effective date of Public
3Act 97-1158), but not before except as otherwise provided in
4this subsection (n), home care and home health workers who
5function as personal care attendants, personal assistants, and
6individual maintenance home health workers and who also work
7under the Home Services Program under Section 3 of the Disabled
8Persons Rehabilitation Act, no matter whether the State
9provides those services through direct fee-for-service
10arrangements, with the assistance of a managed care
11organization or other intermediary, or otherwise, (v)
12beginning on the effective date of this amendatory Act of the
1398th General Assembly and notwithstanding any other provision
14of this Act, any person employed by a public employer and who
15is classified as or who holds the employment title of Chief
16Stationary Engineer, Assistant Chief Stationary Engineer,
17Sewage Plant Operator, Water Plant Operator, Stationary
18Engineer, Plant Operating Engineer, and any other employee who
19holds the position of: Civil Engineer V, Civil Engineer VI,
20Civil Engineer VII, Technical Manager I, Technical Manager II,
21Technical Manager III, Technical Manager IV, Technical Manager
22V, Technical Manager VI, Realty Specialist III, Realty
23Specialist IV, Realty Specialist V, Technical Advisor I,
24Technical Advisor II, Technical Advisor III, Technical Advisor
25IV, or Technical Advisor V employed by the Department of
26Transportation who is in a position which is certified in a

 

 

SB3016- 11 -LRB098 17375 OMW 52473 b

1bargaining unit on or before the effective date of this
2amendatory Act of the 98th General Assembly, and (vi) beginning
3on the effective date of this amendatory Act of the 98th
4General Assembly and notwithstanding any other provision of
5this Act, any mental health administrator in the Department of
6Corrections who is classified as or who holds the position of
7Public Service Administrator (Option 8K), any employee of the
8Office of the Inspector General in the Department of Human
9Services who is classified as or who holds the position of
10Public Service Administrator (Option 7), any Deputy of
11Intelligence in the Department of Corrections who is classified
12as or who holds the position of Public Service Administrator
13(Option 7), and any employee of the Department of State Police
14who handles issues concerning the Illinois State Police Sex
15Offender Registry and who is classified as or holds the
16position of Public Service Administrator (Option 7), but
17excluding all of the following: employees of the General
18Assembly of the State of Illinois; elected officials; executive
19heads of a department; members of boards or commissions; the
20Executive Inspectors General; any special Executive Inspectors
21General; employees of each Office of an Executive Inspector
22General; commissioners and employees of the Executive Ethics
23Commission; the Auditor General's Inspector General; employees
24of the Office of the Auditor General's Inspector General; the
25Legislative Inspector General; any special Legislative
26Inspectors General; employees of the Office of the Legislative

 

 

SB3016- 12 -LRB098 17375 OMW 52473 b

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

 

 

SB3016- 13 -LRB098 17375 OMW 52473 b

1Code; employees in the Office of the Secretary of State who are
2completely exempt from jurisdiction B of the Secretary of State
3Merit Employment Code and who are in Rutan-exempt positions on
4or after April 5, 2013 (the effective date of Public Act
597-1172); a person who is a State employee under the
6jurisdiction of the Treasurer who holds a position that is
7exempt from the State Treasurer Employment Code; any employee
8of a State agency who (i) holds the title or position of, or
9exercises substantially similar duties as a legislative
10liaison, Agency General Counsel, Agency Chief of Staff, Agency
11Executive Director, Agency Deputy Director, Agency Chief
12Fiscal Officer, Agency Human Resources Director, Public
13Information Officer, or Chief Information Officer and (ii) was
14neither included in a bargaining unit nor subject to an active
15petition for certification in a bargaining unit; any employee
16of a State agency who (i) is in a position that is
17Rutan-exempt, as designated by the employer, and completely
18exempt from jurisdiction B of the Personnel Code and (ii) was
19neither included in a bargaining unit nor subject to an active
20petition for certification in a bargaining unit; any term
21appointed employee of a State agency pursuant to Section 8b.18
22or 8b.19 of the Personnel Code who was neither included in a
23bargaining unit nor subject to an active petition for
24certification in a bargaining unit; any employment position
25properly designated pursuant to Section 6.1 of this Act;
26confidential employees; independent contractors; and

 

 

SB3016- 14 -LRB098 17375 OMW 52473 b

1supervisors except as provided in this Act.
2    Home care and home health workers who function as personal
3care attendants, personal assistants, and individual
4maintenance home health workers and who also work under the
5Home Services Program under Section 3 of the Disabled Persons
6Rehabilitation Act shall not be considered public employees for
7any purposes not specifically provided for in Public Act 93-204
8or Public Act 97-1158, including but not limited to, purposes
9of vicarious liability in tort and purposes of statutory
10retirement or health insurance benefits. Home care and home
11health workers who function as personal care attendants,
12personal assistants, and individual maintenance home health
13workers and who also work under the Home Services Program under
14Section 3 of the Disabled Persons Rehabilitation Act shall not
15be covered by the State Employees Group Insurance Act of 1971
16(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

 

 

SB3016- 15 -LRB098 17375 OMW 52473 b

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. As of January 29, 2013 (the
17effective date of Public Act 97-1158), but not before except as
18otherwise provided in this subsection (o), the State shall be
19considered the employer of home care and home health workers
20who function as personal care attendants, personal assistants,
21and individual maintenance home health workers and who also
22work under the Home Services Program under Section 3 of the
23Disabled Persons Rehabilitation Act, no matter whether the
24State provides those services through direct fee-for-service
25arrangements, with the assistance of a managed care
26organization or other intermediary, or otherwise, but subject

 

 

SB3016- 16 -LRB098 17375 OMW 52473 b

1to the limitations set forth in this Act and the Disabled
2Persons Rehabilitation Act. The State shall not be considered
3to be the employer of home care and home health workers who
4function as personal care attendants, personal assistants, and
5individual maintenance home health workers and who also work
6under the Home Services Program under Section 3 of the Disabled
7Persons Rehabilitation Act, for any purposes not specifically
8provided for in Public Act 93-204 or Public Act 97-1158,
9including but not limited to, purposes of vicarious liability
10in tort and purposes of statutory retirement or health
11insurance benefits. Home care and home health workers who
12function as personal care attendants, personal assistants, and
13individual maintenance home health workers and who also work
14under the Home Services Program under Section 3 of the Disabled
15Persons Rehabilitation Act shall not be covered by the State
16Employees Group Insurance Act of 1971 (5 ILCS 375/). As of the
17effective date of this amendatory Act of the 94th General
18Assembly but not before, the State of Illinois shall be
19considered the employer of the day and child care home
20providers participating in the child care assistance program
21under Section 9A-11 of the Illinois Public Aid Code, subject to
22the limitations set forth in this Act and in Section 9A-11 of
23the Illinois Public Aid Code. The State shall not be considered
24to be the employer of child and day care home providers for any
25purposes not specifically provided for in this amendatory Act
26of the 94th General Assembly, including but not limited to,

 

 

SB3016- 17 -LRB098 17375 OMW 52473 b

1purposes of vicarious liability in tort and purposes of
2statutory retirement or health insurance benefits. Child and
3day care home providers shall not be covered by the State
4Employees Group Insurance Act of 1971.
5    "Public employer" or "employer" as used in this Act,
6however, does not mean and shall not include the General
7Assembly of the State of Illinois, the Executive Ethics
8Commission, the Offices of the Executive Inspectors General,
9the Legislative Ethics Commission, the Office of the
10Legislative Inspector General, the Office of the Auditor
11General's Inspector General, the Office of the Governor, the
12Governor's Office of Management and Budget, the Illinois
13Finance Authority, the Office of the Lieutenant Governor, the
14State Board of Elections, and educational employers or
15employers as defined in the Illinois Educational Labor
16Relations Act, except with respect to a state university in its
17employment of firefighters and peace officers and except with
18respect to a school district in the employment of peace
19officers in its own police department in existence on the
20effective date of this amendatory Act of the 96th General
21Assembly. County boards and county sheriffs shall be designated
22as joint or co-employers of county peace officers appointed
23under the authority of a county sheriff. Nothing in this
24subsection (o) shall be construed to prevent the State Panel or
25the Local Panel from determining that employers are joint or
26co-employers.

 

 

SB3016- 18 -LRB098 17375 OMW 52473 b

1    (o-5) With respect to wages, fringe benefits, hours,
2holidays, vacations, proficiency examinations, sick leave, and
3other conditions of employment, the public employer of public
4employees who are court reporters, as defined in the Court
5Reporters Act, shall be determined as follows:
6        (1) For court reporters employed by the Cook County
7    Judicial Circuit, the chief judge of the Cook County
8    Circuit Court is the public employer and employer
9    representative.
10        (2) For court reporters employed by the 12th, 18th,
11    19th, and, on and after December 4, 2006, the 22nd judicial
12    circuits, a group consisting of the chief judges of those
13    circuits, acting jointly by majority vote, is the public
14    employer and employer representative.
15        (3) For court reporters employed by all other 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    (p) "Security employee" means an employee who is
20responsible for the supervision and control of inmates at
21correctional facilities. The term also includes other
22non-security employees in bargaining units having the majority
23of employees being responsible for the supervision and control
24of inmates at correctional facilities.
25    (q) "Short-term employee" means an employee who is employed
26for less than 2 consecutive calendar quarters during a calendar

 

 

SB3016- 19 -LRB098 17375 OMW 52473 b

1year and who does not have a reasonable assurance that he or
2she will be rehired by the same employer for the same service
3in a subsequent calendar year.
4    (q-5) "State agency" means an agency directly responsible
5to the Governor, as defined in Section 3.1 of the Executive
6Reorganization Implementation Act, and the Illinois Commerce
7Commission, the Illinois Workers' Compensation Commission, the
8Civil Service Commission, the Pollution Control Board, the
9Illinois Racing Board, and the Department of State Police Merit
10Board.
11    (r) "Supervisor" is:
12        (1) An employee whose principal work is substantially
13    different from that of his or her subordinates and who has
14    authority, in the interest of the employer, to hire,
15    transfer, suspend, lay off, recall, promote, discharge,
16    direct, reward, or discipline employees, to adjust their
17    grievances, or to effectively recommend any of those
18    actions, if the exercise of that authority is not of a
19    merely routine or clerical nature, but requires the
20    consistent use of independent judgment. Except with
21    respect to police employment, the term "supervisor"
22    includes only those individuals who devote a preponderance
23    of their employment time to exercising that authority,
24    State supervisors notwithstanding. Nothing in this
25    definition prohibits an individual from also meeting the
26    definition of "managerial employee" under subsection (j)

 

 

SB3016- 20 -LRB098 17375 OMW 52473 b

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

 

 

SB3016- 21 -LRB098 17375 OMW 52473 b

1        (2) With respect only to State employees in positions
2    under the jurisdiction of the Attorney General, Secretary
3    of State, Comptroller, or Treasurer (i) that were certified
4    in a bargaining unit on or after December 2, 2008, (ii) for
5    which a petition is filed with the Illinois Public Labor
6    Relations Board on or after April 5, 2013 (the effective
7    date of Public Act 97-1172), or (iii) for which a petition
8    is pending before the Illinois Public Labor Relations Board
9    on that date, an employee who qualifies as a supervisor
10    under (A) Section 152 of the National Labor Relations Act
11    and (B) orders of the National Labor Relations Board
12    interpreting that provision or decisions of courts
13    reviewing decisions of the National Labor Relations Board.
14    (s)(1) "Unit" means a class of jobs or positions that are
15held by employees whose collective interests may suitably be
16represented by a labor organization for collective bargaining.
17Except with respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Department
20of State Police, a bargaining unit determined by the Board
21shall not include both employees and supervisors, or
22supervisors only, except as provided in paragraph (2) of this
23subsection (s) and except for bargaining units in existence on
24July 1, 1984 (the effective date of this Act). With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace

 

 

SB3016- 22 -LRB098 17375 OMW 52473 b

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

 

 

SB3016- 23 -LRB098 17375 OMW 52473 b

1the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th, 19th,
5and, on and after December 4, 2006, the 22nd judicial circuits;
6and one unit shall be court reporters employed by all other
7judicial circuits.
8    (t) "Active petition for certification in a bargaining
9unit" means a petition for certification filed with the Board
10under one of the following case numbers: S-RC-11-110;
11S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
12S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
13S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
14S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
15S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
16S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
17S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
18S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
19S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
20S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
21S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
22S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
23S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
24S-RC-07-100.
25(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
2697-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
 

 

 

SB3016- 24 -LRB098 17375 OMW 52473 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.