093_HB3396eng

 
HB3396 Engrossed                     LRB093 07665 WGH 07845 b

 1        AN ACT concerning labor relations.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Labor Relations Act is
 5    amended by changing Section 9 as follows:

 6        (5 ILCS 315/9) (from Ch. 48, par. 1609)
 7        Sec. 9.  Elections; recognition.
 8        (a)  Whenever in accordance with such regulations as  may
 9    be prescribed by the Board a petition has been filed:
10             (1)  by   a  public  employee  or  group  of  public
11        employees or  any  labor  organization  acting  in  their
12        behalf  demonstrating that 30% of the public employees in
13        an appropriate unit (A) wish to be  represented  for  the
14        purposes   of   collective    bargaining   by   a   labor
15        organization   as   exclusive   representative,   or  (B)
16        asserting that the  labor  organization  which  has  been
17        certified  or  is  currently  recognized  by  the  public
18        employer  as  bargaining  representative is no longer the
19        representative of the majority of public employees in the
20        unit; or
21             (2)  by a public employer alleging that one or  more
22        labor  organizations  have  presented  to it a claim that
23        they be recognized as the representative of a majority of
24        the public employees in an appropriate unit,
25    the Board shall investigate such  petition,  and  if  it  has
26    reasonable cause to believe that a question of representation
27    exists,  shall  provide  for  an appropriate hearing upon due
28    notice. Such hearing shall be held  at  the  offices  of  the
29    Board  or such other location as the Board deems appropriate.
30    If it finds upon the record of the hearing that a question of
31    representation  exists,  it  shall  direct  an  election   in
 
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 1    accordance   with  subsection  (d)  of  this  Section,  which
 2    election shall be held not later than 120 days after the date
 3    the petition was filed regardless of  whether  that  petition
 4    was  filed  before  or  after  the  effective  date  of  this
 5    amendatory  Act  of  1987;  provided,  however, the Board may
 6    extend the time for holding an election by an  additional  60
 7    days  if,  upon  motion  by a person who has filed a petition
 8    under this Section or is the  subject  of  a  petition  filed
 9    under  this  Section  and is a party to such hearing, or upon
10    the Board's own motion, the Board finds that good  cause  has
11    been shown for extending the election date; provided further,
12    that nothing in this Section shall prohibit the Board, in its
13    discretion,  from  extending the time for holding an election
14    for so long as may  be  necessary  under  the  circumstances,
15    where  the purpose for such extension is to permit resolution
16    by the Board of an unfair labor practice charge filed by  one
17    of  the  parties to a representational proceeding against the
18    other  based  upon  conduct  which  may  either  affect   the
19    existence  of  a question concerning representation or have a
20    tendency to interfere with a fair and  free  election,  where
21    the  party  filing  the  charge  has  not  filed a request to
22    proceed with the election; and provided further that prior to
23    the expiration of the total  time  allotted  for  holding  an
24    election,  a  person  who  has  filed  a  petition under this
25    Section or is the subject of  a  petition  filed  under  this
26    Section and is a party to such hearing or the Board, may move
27    for  and obtain the entry of an order in the circuit court of
28    the county in which the  majority  of  the  public  employees
29    sought  to  be  represented by such person reside, such order
30    extending the date upon which the  election  shall  be  held.
31    Such  order  shall be issued by the circuit court only upon a
32    judicial finding that there has  been  a  sufficient  showing
33    that  there  is good cause to extend the election date beyond
34    such period and shall require the Board to hold the  election
 
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 1    as   soon   as   is   feasible  given  the  totality  of  the
 2    circumstances. Such 120 day period may  be  extended  one  or
 3    more  times by the agreement of all parties to the hearing to
 4    a date certain without the necessity  of  obtaining  a  court
 5    order.  Nothing  in  this  Section  prohibits  the waiving of
 6    hearings by stipulation for the purpose of a consent election
 7    in conformity with the rules and regulations of the Board  or
 8    an  election  in  a  unit  agreed  upon by the parties. Other
 9    interested  employee  organizations  may  intervene  in   the
10    proceedings   in  the  manner  and  within  the  time  period
11    specified by rules and regulations of the Board.   Interested
12    parties  who  are  necessary  to  the  proceedings  may  also
13    intervene  in  the  proceedings  in the manner and within the
14    time period specified by the rules  and  regulations  of  the
15    Board.
16        (a-5)  The    Board    shall   designate   an   exclusive
17    representative for purposes of collective bargaining when the
18    representative demonstrates a showing of majority interest by
19    employees in the unit.  If  the  parties  to  a  dispute  are
20    without  agreement  on  the means to ascertain the choice, if
21    any, of employee organization as  their  representative,  the
22    Board  shall  ascertain  the  employees'  choice  of employee
23    organization, on the basis of  dues  deduction  authorization
24    and  other  evidence,  or,  if  necessary,  by  conducting an
25    election. If either party provides to the Board,  before  the
26    designation   of   a  representative,  clear  and  convincing
27    evidence that the dues deduction  authorizations,  and  other
28    evidence  upon  which  the  Board  would  otherwise  rely  to
29    ascertain   the  employees'  choice  of  representative,  are
30    fraudulent or were obtained through coercion, the Board shall
31    promptly thereafter conduct an election. The Board shall also
32    investigate and consider a party's allegations that the  dues
33    deduction  authorizations  and  other  evidence  submitted in
34    support  of  a  designation  of  representative  without   an
 
HB3396 Engrossed            -4-      LRB093 07665 WGH 07845 b
 1    election  were  subsequently  changed, altered, withdrawn, or
 2    withheld as a result of  employer  fraud,  coercion,  or  any
 3    other  unfair  labor  practice  by the employer. If the Board
 4    determines  that  a  labor  organization  would  have  had  a
 5    majority interest but for an employer's fraud,  coercion,  or
 6    unfair   labor   practice,   it  shall  designate  the  labor
 7    organization   as   an   exclusive   representative   without
 8    conducting an election.
 9        (b)  The Board shall decide in each  case,  in  order  to
10    assure public employees the fullest freedom in exercising the
11    rights  guaranteed  by  this  Act, a unit appropriate for the
12    purpose of collective bargaining, based upon but not  limited
13    to  such  factors  as:  historical  pattern  of  recognition;
14    community   of   interest   including   employee  skills  and
15    functions;     degree     of     functional      integration;
16    interchangeability and contact among employees; fragmentation
17    of  employee  groups;  common  supervision,  wages, hours and
18    other working conditions of the employees involved;  and  the
19    desires  of  the employees.  For purposes of this subsection,
20    fragmentation shall not be the  sole  or  predominant  factor
21    used  by  the  Board in determining an appropriate bargaining
22    unit.  Except with respect to  non-State  fire  fighters  and
23    paramedics  employed  by fire departments and fire protection
24    districts, non-State peace officers and peace officers in the
25    State Department of State Police, a  single  bargaining  unit
26    determined  by the Board may not include both supervisors and
27    nonsupervisors, except for bargaining units in  existence  on
28    the  effective  date  of  this Act. With respect to non-State
29    fire fighters and paramedics employed by fire departments and
30    fire protection districts, non-State peace officers and peace
31    officers in the State Department of State  Police,  a  single
32    bargaining  unit determined by the Board may not include both
33    supervisors and nonsupervisors, except for  bargaining  units
34    in  existence on the effective date of this amendatory Act of
 
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 1    1985.
 2        In cases involving an historical pattern of  recognition,
 3    and  in  cases where the employer has recognized the union as
 4    the sole and  exclusive  bargaining  agent  for  a  specified
 5    existing unit, the Board shall find the employees in the unit
 6    then  represented by the union pursuant to the recognition to
 7    be the appropriate unit.
 8        Notwithstanding the above factors, where the majority  of
 9    public  employees  of  a  craft  so  decide,  the Board shall
10    designate such craft as a unit appropriate for  the  purposes
11    of collective bargaining.
12        The  Board  shall not decide that any unit is appropriate
13    if such unit includes both professional  and  nonprofessional
14    employees,   unless  a  majority  of  each  group  votes  for
15    inclusion in such unit.
16        (c)  Nothing in this Act shall interfere with  or  negate
17    the  current  representation rights or patterns and practices
18    of labor organizations which  have  historically  represented
19    public  employees  for  the purpose of collective bargaining,
20    including but not limited to the negotiations of wages, hours
21    and working conditions, discussions of employees' grievances,
22    resolution of jurisdictional disputes, or  the  establishment
23    and  maintenance  of prevailing wage rates, unless a majority
24    of  employees  so  represented  express  a  contrary   desire
25    pursuant to the procedures set forth in this Act.
26        (d)  In instances where the employer does not voluntarily
27    recognize  a  labor  organization as the exclusive bargaining
28    representative for a  unit  of  employees,  the  Board  shall
29    determine the majority representative of the public employees
30    in  an appropriate collective bargaining unit by conducting a
31    secret ballot  election,  except  as  otherwise  provided  in
32    subsection  (a-5).  Within  7 days after the Board issues its
33    bargaining unit determination and direction  of  election  or
34    the  execution  of a stipulation for the purpose of a consent
 
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 1    election, the public  employer  shall  submit  to  the  labor
 2    organization  the  complete  names  and  addresses  of  those
 3    employees  who  are determined by the Board to be eligible to
 4    participate in the election. When the  Board  has  determined
 5    that  a  labor organization has been fairly and freely chosen
 6    by a majority of employees in an appropriate unit,  it  shall
 7    certify  such  organization  as the exclusive representative.
 8    If the Board determines that a majority of  employees  in  an
 9    appropriate  unit  has  fairly  and  freely  chosen not to be
10    represented by a labor organization, it shall so certify. The
11    Board  may  also  revoke  the  certification  of  the  public
12    employee    organizations     as     exclusive     bargaining
13    representatives  which  have  been  found  by a secret ballot
14    election to be no longer the majority representative.
15        (e)  The Board shall  not  conduct  an  election  in  any
16    bargaining  unit  or  any  subdivision thereof within which a
17    valid election  has  been  held  in  the  preceding  12-month
18    period.  The Board shall determine who is eligible to vote in
19    an  election  and shall establish rules governing the conduct
20    of the election or  conduct  affecting  the  results  of  the
21    election.   The   Board  shall  include  on  a  ballot  in  a
22    representation election a choice of  "no  representation".  A
23    labor organization currently representing the bargaining unit
24    of   employees   shall   be  placed  on  the  ballot  in  any
25    representation election. In any election where  none  of  the
26    choices  on the ballot receives a majority, a runoff election
27    shall be  conducted  between  the  2  choices  receiving  the
28    largest  number of valid votes cast in the election.  A labor
29    organization which receives a majority of the votes  cast  in
30    an  election  shall  be  certified  by the Board as exclusive
31    representative of all public employees in the unit.
32        (f)  Nothing  in  this  or  any   other   Act   prohibits
33    recognition   of   a  labor  organization  as  the  exclusive
34    representative by a public employer by mutual consent of  the
 
HB3396 Engrossed            -7-      LRB093 07665 WGH 07845 b
 1    employer  and the labor organization, provided that the labor
 2    organization represents a majority of the public employees in
 3    an appropriate  unit.  Any  employee  organization  which  is
 4    designated  or  selected by the majority of public employees,
 5    in a unit of the public employer having no  other  recognized
 6    or  certified  representative,  as  their  representative for
 7    purposes of collective bargaining may request recognition  by
 8    the  public  employer  in writing.  The public employer shall
 9    post such request for a period of at least 20 days  following
10    its  receipt  thereof on bulletin boards or other places used
11    or reserved for employee notices.
12        (g)  Within  the  20-day  period  any  other   interested
13    employee  organization  may  petition the Board in the manner
14    specified by rules and regulations  of  the  Board,  provided
15    that   such   interested   employee   organization  has  been
16    designated by at least 10% of the employees in an appropriate
17    bargaining unit which includes all or some of  the  employees
18    in  the  unit recognized by the employer.  In such event, the
19    Board shall proceed with the petition in the same  manner  as
20    provided by paragraph (1) of subsection (a) of this Section.
21        (h)  No  election  shall  be directed by the Board in any
22    bargaining unit where there is in force  a  valid  collective
23    bargaining  agreement.   The  Board,  however, may process an
24    election petition filed between 90 and 60 days prior  to  the
25    expiration  of  the  date  of  an  agreement, and may further
26    refine, by rule  or  decision,  the  implementation  of  this
27    provision.   No   collective  bargaining  agreement  bars  an
28    election upon the petition of  persons  not  parties  thereto
29    where more than 3 years have elapsed since the effective date
30    of the agreement.
31        (i)  An  order  of  the Board dismissing a representation
32    petition,   determining   and   certifying   that   a   labor
33    organization has been fairly and freely chosen by a  majority
34    of  employees  in an appropriate bargaining unit, determining
 
HB3396 Engrossed            -8-      LRB093 07665 WGH 07845 b
 1    and certifying that a labor organization has not been  fairly
 2    and   freely  chosen  by  a  majority  of  employees  in  the
 3    bargaining unit or certifying a  labor  organization  as  the
 4    exclusive  representative  of  employees  in  an  appropriate
 5    bargaining  unit because of a determination by the Board that
 6    the  labor  organization   is   the   historical   bargaining
 7    representative  of  employees  in  the  bargaining unit, is a
 8    final order.  Any person aggrieved by any such  order  issued
 9    on or after the effective date of this amendatory Act of 1987
10    may  apply  for and obtain judicial review in accordance with
11    provisions of  the  Administrative  Review  Law,  as  now  or
12    hereafter  amended, except that such review shall be afforded
13    directly in the Appellate Court for the district in which the
14    aggrieved party resides or  transacts  business.  Any  direct
15    appeal  to  the Appellate Court shall be filed within 35 days
16    from the date that a  copy  of  the  decision  sought  to  be
17    reviewed was served upon the party affected by the decision.
18    (Source: P.A. 87-736; 88-1.)

19        Section 10.  The Illinois Educational Labor Relations Act
20    is amended by changing Section 7 as follows:

21        (115 ILCS 5/7) (from Ch. 48, par. 1707)
22        Sec.    7.     Recognition    of   exclusive   bargaining
23    representatives - unit determination. The Board is  empowered
24    to  administer  the recognition of bargaining representatives
25    of employees of public school districts, including  employees
26    of  districts  which  have  entered into joint agreements, or
27    employees of public community college districts, or any State
28    college or university,  and  any  State  agency  whose  major
29    function  is  providing  educational services, making certain
30    that  each  bargaining  unit  contains  employees   with   an
31    identifiable  community of interest and that no unit includes
32    both professional  employees  and  nonprofessional  employees
 
HB3396 Engrossed            -9-      LRB093 07665 WGH 07845 b
 1    unless  a  majority  of  employees  in  each  group  vote for
 2    inclusion in the unit.
 3        (a)  In determining the appropriateness of  a  unit,  the
 4    Board shall decide in each case, in order to ensure employees
 5    the  fullest  freedom  in exercising the rights guaranteed by
 6    this Act, the unit appropriate for the purpose of  collective
 7    bargaining,  based  upon  but  not limited to such factors as
 8    historical pattern of  recognition,  community  of  interest,
 9    including employee skills and functions, degree of functional
10    integration,  interchangeability and contact among employees,
11    common supervision, wages, hours and other working conditions
12    of the employees involved, and the desires of the  employees.
13    Nothing  in  this  Act,  except  as  herein  provided,  shall
14    interfere with or negate the current representation rights or
15    patterns  and  practices of employee organizations which have
16    historically  represented  employees  for  the  purposes   of
17    collective  bargaining,  including  but  not  limited  to the
18    negotiations  of  wages,  hours   and   working   conditions,
19    resolutions   of  employees'  grievances,  or  resolution  of
20    jurisdictional disputes, or the establishment and maintenance
21    of prevailing wage rates, unless a majority of the  employees
22    so   represented   expresses  a  contrary  desire  under  the
23    procedures set forth in this  Act.   This  Section,  however,
24    does not prohibit multi-unit bargaining.  Notwithstanding the
25    above  factors,  where  the majority of public employees of a
26    craft so decide, the Board shall designate such  craft  as  a
27    unit appropriate for the purposes of collective bargaining.
28        The sole appropriate bargaining unit for academic faculty
29    at  the  University  of  Illinois  shall  be  a  unit that is
30    comprised of non-supervisory academic faculty  employed  more
31    than  half-time  and that includes all tenured, tenure-track,
32    and nontenure-track faculty employed by the board of trustees
33    of that University in all of its undergraduate, graduate, and
34    professional schools  and  degree  and  non-degree  programs,
 
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 1    regardless  of current or historical representation rights or
 2    patterns or  the  application  of  any  other  factors.   Any
 3    decision,  rule,  or regulation, promulgated by the Board  to
 4    the contrary shall be null and void.
 5        (b)  An educational employer may voluntarily recognize  a
 6    labor organization for collective bargaining purposes if that
 7    organization  appears to represent a majority of employees in
 8    the unit.  The employer shall post notice of its intent to so
 9    recognize for a period of at least 20 school days on bulletin
10    boards or other places used or reserved for employee notices.
11    Thereafter, the employer, if satisfied  as  to  the  majority
12    status  of  the  employee  organization,  shall  send written
13    notification  of  such   recognition   to   the   Board   for
14    certification.
15        Within  the  20  day  notice  period,  however, any other
16    interested employee organization may petition  the  Board  to
17    seek  recognition as the exclusive representative of the unit
18    in the manner specified by rules and  regulations  prescribed
19    by  the  Board,  if such interested employee organization has
20    been designated by at  least  15%  of  the  employees  in  an
21    appropriate bargaining unit which includes all or some of the
22    employees  in  the  unit  intended  to  be  recognized by the
23    employer.  In such event, the Board shall  proceed  with  the
24    petition  in  the same manner as provided in paragraph (c) of
25    this Section.
26        (c)  A labor organization may also  gain  recognition  as
27    the  exclusive representative by an election of the employees
28    in the unit.  Petitions requesting an election may  be  filed
29    with the Board:
30             (1)  by  an  employee  or  group of employees or any
31        labor organizations acting on their behalf  alleging  and
32        presenting  evidence that 30% or more of the employees in
33        a bargaining unit wish to be represented  for  collective
34        bargaining  or that the labor organization which has been
 
HB3396 Engrossed            -11-     LRB093 07665 WGH 07845 b
 1        acting as the exclusive bargaining representative  is  no
 2        longer  representative  of a majority of the employees in
 3        the unit; or
 4             (2)  by an employer alleging that one or more  labor
 5        organizations  have presented a claim to be recognized as
 6        an exclusive bargaining representative of a  majority  of
 7        the  employees  in an appropriate unit and that it doubts
 8        the majority status of any of the organizations  or  that
 9        it  doubts the majority status of an exclusive bargaining
10        representative.
11        The Board shall investigate the petition and  if  it  has
12    reasonable cause to suspect that a question of representation
13    exists,  it  shall  give notice and conduct a hearing.  If it
14    finds upon the record of  the  hearing  that  a  question  of
15    representation  exists,  it  shall  direct an election, which
16    shall be held no later  than  90  days  after  the  date  the
17    petition   was  filed.   Nothing  prohibits  the  waiving  of
18    hearings by the parties and the conduct of consent elections.
19        (c-5)  The   Board   shall   designate    an    exclusive
20    representative for purposes of collective bargaining when the
21    representative demonstrates a showing of majority interest by
22    employees  in  the  unit.  If  the  parties  to a dispute are
23    without agreement on the means to ascertain  the  choice,  if
24    any,  of  employee  organization as their representative, the
25    Board shall  ascertain  the  employees'  choice  of  employee
26    organization,  on  the  basis of dues deduction authorization
27    and other  evidence,  or,  if  necessary,  by  conducting  an
28    election.  If  either party provides to the Board, before the
29    designation  of  a  representative,  clear   and   convincing
30    evidence  that  the  dues deduction authorizations, and other
31    evidence  upon  which  the  Board  would  otherwise  rely  to
32    ascertain  the  employees'  choice  of  representative,   are
33    fraudulent or were obtained through coercion, the Board shall
34    promptly thereafter conduct an election. The Board shall also
 
HB3396 Engrossed            -12-     LRB093 07665 WGH 07845 b
 1    investigate  and consider a party's allegations that the dues
 2    deduction authorizations  and  other  evidence  submitted  in
 3    support   of  a  designation  of  representative  without  an
 4    election were subsequently changed,  altered,  withdrawn,  or
 5    withheld  as  a  result  of  employer fraud, coercion, or any
 6    other unfair labor practice by the  employer.  If  the  Board
 7    determines  that  a  labor  organization  would  have  had  a
 8    majority  interest  but for an employer's fraud, coercion, or
 9    unfair  labor  practice,  it  shall   designate   the   labor
10    organization   as   an   exclusive   representative   without
11    conducting an election.
12        (d)  An  order  of  the Board dismissing a representation
13    petition,   determining   and   certifying   that   a   labor
14    organization has been fairly and freely chosen by a  majority
15    of  employees  in an appropriate bargaining unit, determining
16    and certifying that a labor organization has not been  fairly
17    and   freely  chosen  by  a  majority  of  employees  in  the
18    bargaining unit or certifying a  labor  organization  as  the
19    exclusive  representative  of  employees  in  an  appropriate
20    bargaining  unit because of a determination by the Board that
21    the  labor  organization   is   the   historical   bargaining
22    representative  of  employees  in  the  bargaining unit, is a
23    final order.  Any person aggrieved by any such  order  issued
24    on or after the effective date of this amendatory Act of 1987
25    may  apply  for and obtain judicial review in accordance with
26    provisions of  the  Administrative  Review  Law,  as  now  or
27    hereafter  amended, except that such review shall be afforded
28    directly in the Appellate Court of  a  judicial  district  in
29    which the Board maintains an office. Any direct appeal to the
30    Appellate  Court  shall be filed within 35 days from the date
31    that a copy of the decision sought to be reviewed was  served
32    upon the party affected by the decision.
33        No  election  may  be  conducted  in  any bargaining unit
34    during the term of a collective bargaining agreement covering
 
HB3396 Engrossed            -13-     LRB093 07665 WGH 07845 b
 1    such unit or subdivision thereof, except the Board may direct
 2    an election after the filing of a petition between January 15
 3    and March 1 of the final  year  of  a  collective  bargaining
 4    agreement.  Nothing in this Section prohibits the negotiation
 5    of  a  collective  bargaining agreement covering a period not
 6    exceeding 3 years.  A collective bargaining agreement of less
 7    than 3 years may be extended up to 3 years by the parties  if
 8    the  extension is agreed to in writing before the filing of a
 9    petition under this Section.  In such case, the final year of
10    the extension is the final year of the collective  bargaining
11    agreement.    No  election  may  be conducted in a bargaining
12    unit, or subdivision thereof, in which a valid  election  has
13    been held within the preceding 12 month period.
14    (Source: P.A. 88-1; 89-4, eff. 7-1-95 (eff. date changed from
15    1-1-96 by P.A. 89-24).)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.