Full Text of SB0981 99th General Assembly
SB0981sam001 99TH GENERAL ASSEMBLY | Sen. Karen McConnaughay Filed: 4/17/2015
| | 09900SB0981sam001 | | LRB099 05535 JLK 34145 a |
|
| 1 | | AMENDMENT TO SENATE BILL 981
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 981 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 3, 9, 15, and 21.5 and by adding | 6 | | Section 29 as follows: | 7 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 8 | | Sec. 3. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | (a) "Board" means the Illinois
Labor Relations Board or, | 11 | | with respect to a matter over which the
jurisdiction of the | 12 | | Board is assigned to the State Panel or the Local Panel
under | 13 | | Section 5, the panel having jurisdiction over the matter.
| 14 | | (b) "Collective bargaining" means bargaining over terms | 15 | | and conditions
of employment, including hours, wages, and other | 16 | | conditions of employment,
as detailed in Section 7 and as |
| | | 09900SB0981sam001 | - 2 - | LRB099 05535 JLK 34145 a |
|
| 1 | | permitted by this Act and which are not excluded by Section 4.
| 2 | | (c) "Confidential employee" means an employee who, in the | 3 | | regular course
of his or her duties, assists and acts in a | 4 | | confidential capacity to persons
who formulate, determine, or | 5 | | and effectuate management policies with regard
to labor | 6 | | relations or who, in the regular course of his or her duties, | 7 | | has
authorized access to information relating to the | 8 | | formulation, determination, or effectuation of management | 9 | | effectuation
or review of the employer's collective bargaining | 10 | | policies.
| 11 | | (d) "Craft employees" means skilled journeymen, crafts | 12 | | persons, and their
apprentices and helpers.
| 13 | | (e) "Essential services employees" means those public | 14 | | employees
performing functions so essential that the | 15 | | interruption or termination of
the function will constitute a | 16 | | clear and present danger to the health and
safety of the | 17 | | persons in the affected community.
| 18 | | (f) "Exclusive representative", except with respect to | 19 | | non-State fire
fighters and paramedics employed by fire | 20 | | departments and fire protection
districts, non-State peace | 21 | | officers, and peace officers in the
Department of State Police, | 22 | | means the labor organization that has
been (i) designated by | 23 | | the Board as the representative of a majority of public
| 24 | | employees in an appropriate bargaining unit in accordance with | 25 | | the procedures
contained in this Act, (ii) historically
| 26 | | recognized by the State of Illinois or
any political |
| | | 09900SB0981sam001 | - 3 - | LRB099 05535 JLK 34145 a |
|
| 1 | | subdivision of the State before July 1, 1984
(the effective | 2 | | date of this
Act) as the exclusive representative of the | 3 | | employees in an appropriate
bargaining unit, (iii) after July | 4 | | 1, 1984 (the
effective date of this Act) recognized by an
| 5 | | employer upon evidence, acceptable to the Board, that the labor
| 6 | | organization has been designated as the exclusive | 7 | | representative by a
majority of the employees in an appropriate | 8 | | bargaining unit;
(iv) recognized as the exclusive | 9 | | representative of personal
assistants under Executive Order | 10 | | 2003-8 prior to the effective date of this
amendatory
Act of | 11 | | the 93rd General Assembly, and the organization shall be | 12 | | considered to
be the
exclusive representative of the personal | 13 | | assistants
as defined
in this Section; or (v) recognized as the | 14 | | exclusive representative of child and day care home providers, | 15 | | including licensed and license exempt providers, pursuant to an | 16 | | election held under Executive Order 2005-1 prior to the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly, and the organization shall be considered to be the | 19 | | exclusive representative of the child and day care home | 20 | | providers as defined in this Section.
| 21 | | With respect to non-State fire fighters and paramedics | 22 | | employed by fire
departments and fire protection districts, | 23 | | non-State peace officers, and
peace officers in the Department | 24 | | of State Police,
"exclusive representative" means the labor | 25 | | organization that has
been (i) designated by the Board as the | 26 | | representative of a majority of peace
officers or fire fighters |
| | | 09900SB0981sam001 | - 4 - | LRB099 05535 JLK 34145 a |
|
| 1 | | in an appropriate bargaining unit in accordance
with the | 2 | | procedures contained in this Act, (ii)
historically recognized
| 3 | | by the State of Illinois or any political subdivision of the | 4 | | State before
January 1, 1986 (the effective date of this | 5 | | amendatory Act of 1985) as the exclusive
representative by a | 6 | | majority of the peace officers or fire fighters in an
| 7 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 8 | | (the effective date of this amendatory
Act of 1985) recognized | 9 | | by an employer upon evidence, acceptable to the
Board, that the | 10 | | labor organization has been designated as the exclusive
| 11 | | representative by a majority of the peace officers or fire | 12 | | fighters in an
appropriate bargaining unit.
| 13 | | Where a historical pattern of representation exists for the | 14 | | workers of a water system that was owned by a public utility, | 15 | | as defined in Section 3-105 of the Public Utilities Act, prior | 16 | | to becoming certified employees of a municipality or | 17 | | municipalities once the municipality or municipalities have | 18 | | acquired the water system as authorized in Section 11-124-5 of | 19 | | the Illinois Municipal Code, the Board shall find the labor | 20 | | organization that has historically represented the workers to | 21 | | be the exclusive representative under this Act, and shall find | 22 | | the unit represented by the exclusive representative to be the | 23 | | appropriate unit. | 24 | | (g) "Fair share agreement" means an agreement between the | 25 | | employer and
an employee organization under which all or any of | 26 | | the employees in a
collective bargaining unit are required to |
| | | 09900SB0981sam001 | - 5 - | LRB099 05535 JLK 34145 a |
|
| 1 | | pay their proportionate share of
the costs of the collective | 2 | | bargaining process, contract administration, and
pursuing | 3 | | matters affecting wages, hours, and other conditions of | 4 | | employment,
but not to exceed the amount of dues uniformly | 5 | | required of members. The
amount certified by the exclusive | 6 | | representative shall not include any fees
for contributions | 7 | | related to the election or support of any candidate for
| 8 | | political office. Nothing in this subsection (g) shall
preclude | 9 | | an employee from making
voluntary political contributions in | 10 | | conjunction with his or her fair share
payment.
| 11 | | (g-1) "Fire fighter" means, for the purposes of this Act | 12 | | only, any
person who has been or is hereafter appointed to a | 13 | | fire department or fire
protection district or employed by a | 14 | | state university and sworn or
commissioned to perform fire | 15 | | fighter duties or paramedic duties, except that the
following | 16 | | persons are not included: part-time fire fighters,
auxiliary, | 17 | | reserve or voluntary fire fighters, including paid on-call fire
| 18 | | fighters, clerks and dispatchers or other civilian employees of | 19 | | a fire
department or fire protection district who are not | 20 | | routinely expected to
perform fire fighter duties, or elected | 21 | | officials.
| 22 | | (g-2) "General Assembly of the State of Illinois" means the
| 23 | | legislative branch of the government of the State of Illinois, | 24 | | as provided
for under Article IV of the Constitution of the | 25 | | State of Illinois, and
includes but is not limited to the House | 26 | | of Representatives, the Senate,
the Speaker of the House of |
| | | 09900SB0981sam001 | - 6 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Representatives, the Minority Leader of the
House of | 2 | | Representatives, the President of the Senate, the Minority | 3 | | Leader
of the Senate, the Joint Committee on Legislative | 4 | | Support Services and any
legislative support services agency | 5 | | listed in the Legislative Commission
Reorganization Act of | 6 | | 1984.
| 7 | | (h) "Governing body" means, in the case of the State, the | 8 | | State Panel of
the Illinois Labor Relations Board, the Director | 9 | | of the Department of Central
Management Services, and the | 10 | | Director of the Department of Labor; the county
board in the | 11 | | case of a county; the corporate authorities in the case of a
| 12 | | municipality; and the appropriate body authorized to provide | 13 | | for expenditures
of its funds in the case of any other unit of | 14 | | government.
| 15 | | (i) "Labor organization" means any organization in which | 16 | | public employees
participate and that exists for the purpose, | 17 | | in whole or in part, of dealing
with a public employer | 18 | | concerning wages, hours, and other terms and conditions
of | 19 | | employment, as permitted in this Act, including the settlement | 20 | | of grievances.
| 21 | | (i-5) "Legislative liaison" means a person who is an | 22 | | employee of a State agency, the Attorney General, the Secretary | 23 | | of State, the Comptroller, or the Treasurer, as the case may | 24 | | be, and whose job duties require the person to regularly | 25 | | communicate in the course of his or her employment with any | 26 | | official or staff of the General Assembly of the State of |
| | | 09900SB0981sam001 | - 7 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Illinois for the purpose of influencing any legislative action. | 2 | | (j) "Managerial employee" means (i) an individual who is | 3 | | engaged
predominantly in executive and management functions | 4 | | and is charged with the
responsibility of directing the | 5 | | effectuation of management policies
and practices. With | 6 | | respect only to State employees in positions under the | 7 | | jurisdiction of the Attorney General, Secretary of State, | 8 | | Comptroller, or Treasurer (i) that were certified in a | 9 | | bargaining unit on or after December 2, 2008, (ii) for which a | 10 | | petition is filed with the Illinois Public Labor Relations | 11 | | Board on or after April 5, 2013 (the effective date of Public | 12 | | Act 97-1172), or (iii) for which a petition is pending before | 13 | | the Illinois Public Labor Relations Board on that date, | 14 | | "managerial employee" means an individual who is engaged in | 15 | | executive and management functions or who is charged with the | 16 | | effectuation of management policies and practices or who | 17 | | represents management interests by taking or recommending | 18 | | discretionary actions that effectively control or implement | 19 | | policy ; (ii) an individual who is a "confidential employee" | 20 | | under subsection (c) of this Section; (iii) an individual who | 21 | | is engaged in personnel work, including position | 22 | | classifications and Rutan-exempt determinations, or is engaged | 23 | | in labor relations work including discipline, grievance | 24 | | resolution, and the creation or implementation of labor or | 25 | | employment policy in other than a purely clerical capacity; | 26 | | (iv) an individual who is engaged in administering the |
| | | 09900SB0981sam001 | - 8 - | LRB099 05535 JLK 34145 a |
|
| 1 | | provisions of this amendatory Act of the 99th General Assembly; | 2 | | (v) an individual who is engaged in investigation or audit | 3 | | functions relating to the work of public employees; (vi) an | 4 | | individual engaged in intelligence, counterintelligence, | 5 | | investigative, or security work that affects national | 6 | | security; or (vii) an individual hired, transferred, or | 7 | | otherwise moved into a Rutan-exempt position . Nothing in this | 8 | | definition prohibits an individual from also meeting the | 9 | | definition of "supervisor" under subsection (r) of this | 10 | | Section.
| 11 | | (k) "Peace officer" means, for the purposes of this Act | 12 | | only, any
persons who have been or are hereafter appointed to a | 13 | | police force,
department, or agency and sworn or commissioned | 14 | | to perform police duties,
except that the following persons are | 15 | | not
included: part-time police
officers, special police | 16 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 17 | | the Illinois Municipal Code, night watchmen, "merchant | 18 | | police",
court security officers as defined by Section 3-6012.1 | 19 | | of the Counties
Code,
temporary employees, traffic guards or | 20 | | wardens, civilian parking meter and
parking facilities | 21 | | personnel or other individuals specially appointed to
aid or | 22 | | direct traffic at or near schools or public functions or to aid | 23 | | in
civil defense or disaster, parking enforcement employees who | 24 | | are not
commissioned as peace officers and who are not armed | 25 | | and who are not
routinely expected to effect arrests, parking | 26 | | lot attendants, clerks and
dispatchers or other civilian |
| | | 09900SB0981sam001 | - 9 - | LRB099 05535 JLK 34145 a |
|
| 1 | | employees of a police department who are not
routinely expected | 2 | | to effect arrests, or elected officials.
| 3 | | (l) "Person" includes one or more individuals, labor | 4 | | organizations, public
employees, associations, corporations, | 5 | | legal representatives, trustees,
trustees in bankruptcy, | 6 | | receivers, or the State of Illinois or any political
| 7 | | subdivision of the State or governing body, but does not | 8 | | include the General
Assembly of the State of Illinois or any | 9 | | individual employed by the General
Assembly of the State of | 10 | | Illinois.
| 11 | | (m) "Professional employee" means any employee whose | 12 | | primary duty is the performance of work requiring advanced | 13 | | knowledge, defined as work that is predominantly intellectual | 14 | | in character and requires the consistent exercise of discretion | 15 | | and judgment. The advanced knowledge of professional employees | 16 | | must be in a field of science or learning and must be | 17 | | customarily acquired by a prolonged course of specialized | 18 | | intellectual instruction engaged in work predominantly
| 19 | | intellectual and varied in character rather than routine | 20 | | mental, manual,
mechanical or physical work; involving the | 21 | | consistent exercise of discretion
and adjustment in its | 22 | | performance; of such a character that the output produced
or | 23 | | the result accomplished cannot be standardized in relation to a | 24 | | given
period of time; and requiring advanced knowledge in a | 25 | | field of science or
learning customarily acquired by a | 26 | | prolonged course of specialized intellectual
instruction and |
| | | 09900SB0981sam001 | - 10 - | LRB099 05535 JLK 34145 a |
|
| 1 | | study in an institution of higher learning or a hospital,
as | 2 | | distinguished from a general academic education or from | 3 | | apprenticeship
or from training in the performance of routine | 4 | | mental, manual, or physical
processes; or any employee who has | 5 | | completed the courses of specialized
intellectual instruction | 6 | | and study prescribed in this subsection (m) and is
performing | 7 | | related
work under the supervision of a professional person to | 8 | | qualify to become
a professional employee as defined in this | 9 | | subsection (m) .
| 10 | | (n) "Public employee" or "employee", for the purposes of | 11 | | this Act, means
any individual employed by a public employer, | 12 | | including (i) interns and residents
at public hospitals, (ii) | 13 | | as of the effective date of this amendatory Act of the 93rd | 14 | | General
Assembly, but not
before, personal assistants working | 15 | | under the Home
Services
Program under Section 3 of the Disabled | 16 | | Persons Rehabilitation Act, subject to
the
limitations set | 17 | | forth in this Act and in the Disabled Persons Rehabilitation
| 18 | | Act,
(iii) as of the effective date of this amendatory Act of | 19 | | the 94th General Assembly, but not before, child and day care | 20 | | home providers participating in the child care assistance | 21 | | program under Section 9A-11 of the Illinois Public Aid Code, | 22 | | subject to the limitations set forth in this Act and in Section | 23 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | 24 | | 2013 (the effective date of Public Act 97-1158), but not before | 25 | | except as otherwise provided in this subsection (n), home care | 26 | | and home health workers who function as personal assistants and |
| | | 09900SB0981sam001 | - 11 - | LRB099 05535 JLK 34145 a |
|
| 1 | | individual maintenance home health workers and who also work | 2 | | under the Home Services Program under Section 3 of the Disabled | 3 | | Persons Rehabilitation Act, no matter whether the State | 4 | | provides those services through direct fee-for-service | 5 | | arrangements, with the assistance of a managed care | 6 | | organization or other intermediary, or otherwise, (v) | 7 | | beginning on the effective date of this amendatory Act of the | 8 | | 98th General Assembly and notwithstanding any other provision | 9 | | of this Act, any person employed by a public employer and who | 10 | | is classified as or who holds the employment title of Chief | 11 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 12 | | Sewage Plant Operator, Water Plant Operator, Stationary | 13 | | Engineer, Plant Operating Engineer, and any other employee who | 14 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 15 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 16 | | Technical Manager III, Technical Manager IV, Technical Manager | 17 | | V, Technical Manager VI, Realty Specialist III, Realty | 18 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 19 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 20 | | IV, or Technical Advisor V employed by the Department of | 21 | | Transportation who is in a position which is certified in a | 22 | | bargaining unit on or before the effective date of this | 23 | | amendatory Act of the 98th General Assembly, and (vi) beginning | 24 | | on the effective date of this amendatory Act of the 98th | 25 | | General Assembly and notwithstanding any other provision of | 26 | | this Act, any mental health administrator in the Department of |
| | | 09900SB0981sam001 | - 12 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Corrections who is classified as or who holds the position of | 2 | | Public Service Administrator (Option 8K), any employee of the | 3 | | Office of the Inspector General in the Department of Human | 4 | | Services who is classified as or who holds the position of | 5 | | Public Service Administrator (Option 7), any Deputy of | 6 | | Intelligence in the Department of Corrections who is classified | 7 | | as or who holds the position of Public Service Administrator | 8 | | (Option 7), and any employee of the Department of State Police | 9 | | who handles issues concerning the Illinois State Police Sex | 10 | | Offender Registry and who is classified as or holds the | 11 | | position of Public Service Administrator (Option 7), but | 12 | | excluding all of the following: employees of the
General | 13 | | Assembly of the State of Illinois; elected officials; executive
| 14 | | heads of a department; members of boards or commissions; the | 15 | | Executive
Inspectors General; any special Executive Inspectors | 16 | | General; employees of each
Office of an Executive Inspector | 17 | | General;
commissioners and employees of the Executive Ethics | 18 | | Commission; the Auditor
General's Inspector General; employees | 19 | | of the Office of the Auditor General's
Inspector General; the | 20 | | Legislative Inspector General; any special Legislative
| 21 | | Inspectors General; employees of the Office
of the Legislative | 22 | | Inspector General;
commissioners and employees of the | 23 | | Legislative Ethics Commission;
employees
of any
agency, board | 24 | | or commission created by this Act; employees appointed to
State | 25 | | positions of a temporary or emergency nature; all employees of | 26 | | school
districts and higher education institutions except |
| | | 09900SB0981sam001 | - 13 - | LRB099 05535 JLK 34145 a |
|
| 1 | | firefighters and peace
officers employed
by a state university | 2 | | and except peace officers employed by a school district in its | 3 | | own police department in existence on the effective date of | 4 | | this amendatory Act of the 96th General Assembly; managerial | 5 | | employees; short-term employees; legislative liaisons; a | 6 | | person who is a State employee under the jurisdiction of the | 7 | | Office of the Attorney General who is licensed to practice law | 8 | | or whose position authorizes, either directly or indirectly, | 9 | | meaningful input into government decision-making on issues | 10 | | where there is room for principled disagreement on goals or | 11 | | their implementation; a person who is a State employee under | 12 | | the jurisdiction of the Office of the Comptroller who holds the | 13 | | position of Public Service Administrator or whose position is | 14 | | otherwise exempt under the Comptroller Merit Employment Code; a | 15 | | person who is a State employee under the jurisdiction of the | 16 | | Secretary of State who holds the position classification of | 17 | | Executive I or higher, whose position authorizes, either | 18 | | directly or indirectly, meaningful input into government | 19 | | decision-making on issues where there is room for principled | 20 | | disagreement on goals or their implementation, or who is | 21 | | otherwise exempt under the Secretary of State Merit Employment | 22 | | Code; employees in the Office of the Secretary of State who are | 23 | | completely exempt from jurisdiction B of the Secretary of State | 24 | | Merit Employment Code and who are in Rutan-exempt positions on | 25 | | or after April 5, 2013 (the effective date of Public Act | 26 | | 97-1172); a person who is a State employee under the |
| | | 09900SB0981sam001 | - 14 - | LRB099 05535 JLK 34145 a |
|
| 1 | | jurisdiction of the Treasurer who holds a position that is | 2 | | exempt from the State Treasurer Employment Code; any employee | 3 | | of a State agency who (i) holds the title or position of, or | 4 | | exercises substantially similar duties as a legislative | 5 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 6 | | Executive Director, Agency Deputy Director, Agency Chief | 7 | | Fiscal Officer, Agency Human Resources Director, Public | 8 | | Information Officer, or Chief Information Officer ; and (ii) was | 9 | | neither included in a bargaining unit nor subject to an active | 10 | | petition for certification in a bargaining unit; any employee | 11 | | of a State agency who (i) is in a position that is | 12 | | Rutan-exempt, as designated by the employer , and completely | 13 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 14 | | neither included in a bargaining unit nor subject to an active | 15 | | petition for certification in a bargaining unit ; any term | 16 | | appointed employee of a State agency pursuant to Section 8b.18 | 17 | | or 8b.19 of the Personnel Code who was neither included in a | 18 | | bargaining unit nor subject to an active petition for | 19 | | certification in a bargaining unit; any employment position | 20 | | properly designated pursuant to Section 6.1 of this Act;
| 21 | | confidential employees; independent contractors; and | 22 | | supervisors except as
provided in this Act.
| 23 | | Home care
and home health workers who function as personal | 24 | | assistants and individual maintenance home health workers and | 25 | | who also work under the Home Services Program under Section 3 | 26 | | of the Disabled Persons Rehabilitation Act shall not be |
| | | 09900SB0981sam001 | - 15 - | LRB099 05535 JLK 34145 a |
|
| 1 | | considered
public
employees for any purposes not specifically | 2 | | provided for in Public Act 93-204 or Public Act 97-1158, | 3 | | including but not limited to, purposes of vicarious
liability | 4 | | in tort
and purposes of statutory retirement or health | 5 | | insurance benefits. Home care and home health workers who | 6 | | function as personal assistants and individual maintenance | 7 | | home health workers and who also work under the Home Services | 8 | | Program under Section 3 of the Disabled Persons Rehabilitation | 9 | | Act shall not be covered by the State Employees
Group
Insurance | 10 | | Act of 1971 (5 ILCS 375/).
| 11 | | Child and day care home providers shall not be considered | 12 | | public employees for any purposes not specifically provided for | 13 | | in this amendatory Act of the 94th General Assembly, including | 14 | | but not limited to, purposes of vicarious liability in tort and | 15 | | purposes of statutory retirement or health insurance benefits. | 16 | | Child and day care home providers shall not be covered by the | 17 | | State Employees Group Insurance Act of 1971. | 18 | | Notwithstanding Section 9, subsection (c), or any other | 19 | | provisions of
this Act, all peace officers above the rank of | 20 | | captain in
municipalities with more than 1,000,000 inhabitants | 21 | | shall be excluded
from this Act.
| 22 | | (o) Except as otherwise in subsection (o-5), "public | 23 | | employer" or "employer" means the State of Illinois; any
| 24 | | political subdivision of the State, unit of local government or | 25 | | school
district; authorities including departments, divisions, | 26 | | bureaus, boards,
commissions, or other agencies of the |
| | | 09900SB0981sam001 | - 16 - | LRB099 05535 JLK 34145 a |
|
| 1 | | foregoing entities; and any person
acting within the scope of | 2 | | his or her authority, express or implied, on
behalf of those | 3 | | entities in dealing with its employees.
As of the effective | 4 | | date of the amendatory Act of the 93rd General Assembly,
but | 5 | | not
before, the State of Illinois shall be considered the | 6 | | employer of the personal assistants working under the Home | 7 | | Services Program
under
Section 3 of the Disabled Persons | 8 | | Rehabilitation Act, subject to the
limitations set forth
in | 9 | | this Act and in the Disabled Persons Rehabilitation Act. As of | 10 | | January 29, 2013 (the effective date of Public Act 97-1158), | 11 | | but not before except as otherwise provided in this subsection | 12 | | (o), the State shall be considered the employer of home care | 13 | | and home health workers who function as personal assistants and | 14 | | individual maintenance home health workers and who also work | 15 | | under the Home Services Program under Section 3 of the Disabled | 16 | | Persons Rehabilitation Act, no matter whether the State | 17 | | provides those services through direct fee-for-service | 18 | | arrangements, with the assistance of a managed care | 19 | | organization or other intermediary, or otherwise, but subject | 20 | | to the limitations set forth in this Act and the Disabled | 21 | | Persons Rehabilitation Act. The State shall not
be
considered | 22 | | to be the employer of home care and home health workers who | 23 | | function as personal
assistants and individual maintenance | 24 | | home health workers and who also work under the Home Services | 25 | | Program under Section 3 of the Disabled Persons Rehabilitation | 26 | | Act, for any
purposes not specifically provided for in Public |
| | | 09900SB0981sam001 | - 17 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 2 | | purposes of vicarious liability in tort
and
purposes of | 3 | | statutory retirement or health insurance benefits. Home care | 4 | | and home health workers who function as
personal assistants and | 5 | | individual maintenance home health workers and who also work | 6 | | under the Home Services Program under Section 3 of the Disabled | 7 | | Persons Rehabilitation Act shall not be covered by the State | 8 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 9 | | effective date of this amendatory Act of the 94th General | 10 | | Assembly but not before, the State of Illinois shall be | 11 | | considered the employer of the day and child care home | 12 | | providers participating in the child care assistance program | 13 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 14 | | the limitations set forth in this Act and in Section 9A-11 of | 15 | | the Illinois Public Aid Code. The State shall not be considered | 16 | | to be the employer of child and day care home providers for any | 17 | | purposes not specifically provided for in this amendatory Act | 18 | | of the 94th General Assembly, including but not limited to, | 19 | | purposes of vicarious liability in tort and purposes of | 20 | | statutory retirement or health insurance benefits. Child and | 21 | | day care home providers shall not be covered by the State | 22 | | Employees Group Insurance Act of 1971. | 23 | | "Public employer" or
"employer" as used in this Act, | 24 | | however, does not
mean and shall not include the General | 25 | | Assembly of the State of Illinois,
the Executive Ethics | 26 | | Commission, the Offices of the Executive Inspectors
General, |
| | | 09900SB0981sam001 | - 18 - | LRB099 05535 JLK 34145 a |
|
| 1 | | the Legislative Ethics Commission, the Office of the | 2 | | Legislative
Inspector General, the Office of the Auditor | 3 | | General's Inspector General, the Office of the Governor, the | 4 | | Governor's Office of Management and Budget, the Illinois | 5 | | Finance Authority, the Office of the Lieutenant Governor, the | 6 | | State Board of Elections, and educational employers or | 7 | | employers as defined in the Illinois
Educational Labor | 8 | | Relations Act, except with respect to a state university in
its | 9 | | employment of firefighters and peace officers and except with | 10 | | respect to a school district in the employment of peace | 11 | | officers in its own police department in existence on the | 12 | | effective date of this amendatory Act of the 96th General | 13 | | Assembly. County boards and county
sheriffs shall be
designated | 14 | | as joint or co-employers of county peace officers appointed
| 15 | | under the authority of a county sheriff. Nothing in this | 16 | | subsection
(o) shall be construed
to prevent the State Panel or | 17 | | the Local Panel
from determining that employers are joint or | 18 | | co-employers.
| 19 | | (o-5) With respect to
wages, fringe
benefits, hours, | 20 | | holidays, vacations, proficiency
examinations, sick leave, and | 21 | | other conditions of
employment, the public employer of public | 22 | | employees who are court reporters, as
defined in the Court | 23 | | Reporters Act, shall be determined as
follows:
| 24 | | (1) For court reporters employed by the Cook County | 25 | | Judicial
Circuit, the chief judge of the Cook County | 26 | | Circuit
Court is the public employer and employer |
| | | 09900SB0981sam001 | - 19 - | LRB099 05535 JLK 34145 a |
|
| 1 | | representative.
| 2 | | (2) For court reporters employed by the 12th, 18th, | 3 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 4 | | circuits, a group consisting of the chief judges of those | 5 | | circuits, acting
jointly by majority vote, is the public | 6 | | employer and employer representative.
| 7 | | (3) For court reporters employed by all other judicial | 8 | | circuits,
a group consisting of the chief judges of those | 9 | | circuits, acting jointly by
majority vote, is the public | 10 | | employer and employer representative.
| 11 | | (p) "Security employee" means an employee who is | 12 | | responsible for the
supervision and control of inmates at | 13 | | correctional facilities. The term
also includes other | 14 | | non-security employees in bargaining units having the
majority | 15 | | of employees being responsible for the supervision and control | 16 | | of
inmates at correctional facilities.
| 17 | | (q) "Short-term employee" means an employee who is employed | 18 | | for less
than 2 consecutive calendar quarters during a calendar | 19 | | year and who does
not have a reasonable assurance that he or | 20 | | she will be rehired by the
same employer for the same service | 21 | | in a subsequent calendar year.
| 22 | | (q-5) "State agency" means an agency directly responsible | 23 | | to the Governor, as defined in Section 3.1 of the Executive | 24 | | Reorganization Implementation Act, and the Illinois Commerce | 25 | | Commission, the Illinois Workers' Compensation Commission, the | 26 | | Civil Service Commission, the Pollution Control Board, the |
| | | 09900SB0981sam001 | - 20 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Illinois Racing Board, and the Department of State Police Merit | 2 | | Board. | 3 | | (r) "Supervisor" is: | 4 | | (1) An employee whose principal work is substantially
| 5 | | different from that of his or her subordinates and who has | 6 | | authority, in the
interest of the employer, to hire, | 7 | | transfer, suspend, lay off, recall,
promote, discharge, | 8 | | direct, assign, supervise, reward, or discipline | 9 | | employees, to adjust
their grievances, or to effectively | 10 | | recommend any of those actions , if the
exercise
of that | 11 | | authority is not of a merely routine or clerical nature, | 12 | | but
requires the consistent use of independent judgment . | 13 | | Except with respect to
police employment, the term | 14 | | "supervisor" includes only those individuals
who devote a | 15 | | preponderance of their employment time to exercising that
| 16 | | authority, State supervisors notwithstanding. Nothing in | 17 | | this definition prohibits an individual from also meeting | 18 | | the definition of "managerial employee" under subsection | 19 | | (j) of this Section. In addition, in determining
| 20 | | supervisory status in police employment, rank shall not be | 21 | | determinative.
The Board shall consider, as evidence of | 22 | | bargaining unit inclusion or
exclusion, the common law | 23 | | enforcement policies and relationships between
police | 24 | | officer ranks and certification under applicable civil | 25 | | service law,
ordinances, personnel codes, or Division 2.1 | 26 | | of Article 10 of the Illinois
Municipal Code, but these |
| | | 09900SB0981sam001 | - 21 - | LRB099 05535 JLK 34145 a |
|
| 1 | | factors shall not
be the sole or predominant factors | 2 | | considered by the Board in determining
police supervisory | 3 | | status.
| 4 | | Notwithstanding the provisions of the preceding | 5 | | paragraph, in determining
supervisory status in fire | 6 | | fighter employment, no fire fighter shall be
excluded as a | 7 | | supervisor who has established representation rights under
| 8 | | Section 9 of this Act. Further, in new fire fighter units, | 9 | | employees shall
consist of fire fighters of the rank of | 10 | | company officer and below. If a company officer otherwise | 11 | | qualifies as a supervisor under the preceding paragraph, | 12 | | however, he or she shall
not be included in the fire | 13 | | fighter
unit. If there is no rank between that of chief and | 14 | | the
highest company officer, the employer may designate a | 15 | | position on each
shift as a Shift Commander, and the | 16 | | persons occupying those positions shall
be supervisors. | 17 | | All other ranks above that of company officer shall be
| 18 | | supervisors.
| 19 | | (2) With respect only to State employees in positions | 20 | | under the jurisdiction of the Attorney General, Secretary | 21 | | of State, Comptroller, or Treasurer (i) that were certified | 22 | | in a bargaining unit on or after December 2, 2008, (ii) for | 23 | | which a petition is filed with the Illinois Public Labor | 24 | | Relations Board on or after April 5, 2013 (the effective | 25 | | date of Public Act 97-1172), or (iii) for which a petition | 26 | | is pending before the Illinois Public Labor Relations Board |
| | | 09900SB0981sam001 | - 22 - | LRB099 05535 JLK 34145 a |
|
| 1 | | on that date, an employee who qualifies as a supervisor | 2 | | under (A) Section 152 of the National Labor Relations Act | 3 | | and (B) orders of the National Labor Relations Board | 4 | | interpreting that provision or decisions of courts | 5 | | reviewing decisions of the National Labor Relations Board. | 6 | | (s)(1) "Unit" means a class of jobs or positions that are | 7 | | held by
employees whose collective interests may suitably be | 8 | | represented by a labor
organization for collective bargaining. | 9 | | Except with respect to non-State fire
fighters and paramedics | 10 | | employed by fire departments and fire protection
districts, | 11 | | non-State peace officers, and peace officers in the Department | 12 | | of
State Police, a bargaining unit determined by the Board | 13 | | shall not include both
employees and supervisors, or | 14 | | supervisors only, except as provided in paragraph
(2) of this | 15 | | subsection (s) and except for bargaining units in existence on | 16 | | July
1, 1984 (the effective date of this Act). With respect to | 17 | | non-State fire
fighters and paramedics employed by fire | 18 | | departments and fire protection
districts, non-State peace | 19 | | officers, and peace officers in the Department of
State Police, | 20 | | a bargaining unit determined by the Board shall not include | 21 | | both
supervisors and nonsupervisors, or supervisors only, | 22 | | except as provided in
paragraph (2) of this subsection (s) and | 23 | | except for bargaining units in
existence on January 1, 1986 | 24 | | (the effective date of this amendatory Act of
1985). A | 25 | | bargaining unit determined by the Board to contain peace | 26 | | officers
shall contain no employees other than peace officers |
| | | 09900SB0981sam001 | - 23 - | LRB099 05535 JLK 34145 a |
|
| 1 | | unless otherwise agreed to
by the employer and the labor | 2 | | organization or labor organizations involved.
Notwithstanding | 3 | | any other provision of this Act, a bargaining unit, including a
| 4 | | historical bargaining unit, containing sworn peace officers of | 5 | | the Department
of Natural Resources (formerly designated the | 6 | | Department of Conservation) shall
contain no employees other | 7 | | than such sworn peace officers upon the effective
date of this | 8 | | amendatory Act of 1990 or upon the expiration date of any
| 9 | | collective bargaining agreement in effect upon the effective | 10 | | date of this
amendatory Act of 1990 covering both such sworn | 11 | | peace officers and other
employees.
| 12 | | (2) Notwithstanding the exclusion of supervisors from | 13 | | bargaining units
as provided in paragraph (1) of this | 14 | | subsection (s), a public
employer may agree to permit its | 15 | | supervisory employees who do not meet the definition of | 16 | | "managerial employee" under subsection (j) of this Section to | 17 | | form bargaining units
and may bargain with those units. This | 18 | | Act shall apply if the public employer
chooses to bargain under | 19 | | this subsection.
| 20 | | (3) Public employees who are court reporters, as defined
in | 21 | | the Court Reporters Act,
shall be divided into 3 units for | 22 | | collective bargaining purposes. One unit
shall be court | 23 | | reporters employed by the Cook County Judicial Circuit; one
| 24 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 25 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 26 | | and one unit shall be court reporters employed by all other
|
| | | 09900SB0981sam001 | - 24 - | LRB099 05535 JLK 34145 a |
|
| 1 | | judicial circuits.
| 2 | | (t) "Active petition for certification in a bargaining | 3 | | unit" means a petition for certification filed with the Board | 4 | | under one of the following case numbers: S-RC-11-110; | 5 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 6 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 7 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 8 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 9 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 10 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 11 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 12 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 13 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 14 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 15 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 16 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 17 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 18 | | S-RC-07-100. | 19 | | (u) "Rutan-exempt position" or "Rutan-exempt" means a | 20 | | position designated by the employer as being Rutan-exempt | 21 | | because, as determined by the employer, the political | 22 | | affiliation or support of the individual employee may be | 23 | | lawfully considered in the hiring, termination, or other | 24 | | personnel decision as set forth by the United States Supreme | 25 | | Court in the decision of Rutan v. the Republican Party of | 26 | | Illinois, 497 U.S. 62 (1990), and related cases before and |
| | | 09900SB0981sam001 | - 25 - | LRB099 05535 JLK 34145 a |
|
| 1 | | since. | 2 | | (v) "Rutan-covered position" or "Rutan-covered" means a | 3 | | position that has not been designated by the employer as a | 4 | | Rutan-exempt position. | 5 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 6 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. | 7 | | 8-18-14.)
| 8 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 9 | | Sec. 9. Elections; recognition.
| 10 | | (a) Whenever in accordance with such
regulations as may be | 11 | | prescribed by the Board a petition has been filed:
| 12 | | (1) by a public employee or group of public employees | 13 | | or any labor
organization acting in their behalf | 14 | | demonstrating that 30% of the public
employees in an | 15 | | appropriate unit (A) wish to be represented for the
| 16 | | purposes of collective bargaining by a labor organization | 17 | | as exclusive
representative, or (B) asserting that the | 18 | | labor organization which has been
certified or is currently | 19 | | recognized by the public employer as bargaining
| 20 | | representative is no longer the representative of the | 21 | | majority of public
employees in the unit; or
| 22 | | (2) by a public employer alleging that one or more | 23 | | labor organizations
have presented to it a claim that they | 24 | | be recognized as the representative
of a majority of the | 25 | | public employees in an appropriate unit,
|
| | | 09900SB0981sam001 | - 26 - | LRB099 05535 JLK 34145 a |
|
| 1 | | the Board
shall investigate such petition, and if it has | 2 | | reasonable cause to believe
that a question of representation | 3 | | exists, shall provide for an appropriate
hearing upon due | 4 | | notice. Such hearing shall be held at the offices of
the Board | 5 | | or such other location as the Board deems appropriate.
If it | 6 | | finds upon the record of the hearing that a question of
| 7 | | representation exists, it shall direct an election in | 8 | | accordance with
subsection (d) of this Section, which election | 9 | | shall be held not later than
120 days after the date the | 10 | | petition was filed regardless of whether that
petition was | 11 | | filed before or after the effective date of this amendatory
Act | 12 | | of 1987; provided, however, the Board may extend the time for | 13 | | holding an
election by an additional 60 days if, upon motion by | 14 | | a person who has filed
a petition under this Section or is the | 15 | | subject of a petition filed under
this Section and is a party | 16 | | to such hearing, or upon the Board's own
motion, the Board | 17 | | finds that good cause has been shown for extending the
election | 18 | | date; provided further, that nothing in this Section shall | 19 | | prohibit
the Board, in its discretion, from extending the time | 20 | | for holding an
election for so long as may be necessary under | 21 | | the circumstances, where the
purpose for such extension is to | 22 | | permit resolution by the Board of an
unfair labor practice | 23 | | charge filed by one of the parties to a
representational | 24 | | proceeding against the other based upon conduct which may
| 25 | | either affect the existence of a question concerning | 26 | | representation or have
a tendency to interfere with a fair and |
| | | 09900SB0981sam001 | - 27 - | LRB099 05535 JLK 34145 a |
|
| 1 | | free election, where the party
filing the charge has not filed | 2 | | a request to proceed with the election; and
provided further | 3 | | that prior to the expiration of the total time allotted
for | 4 | | holding an election, a person who has filed a petition under | 5 | | this
Section or is the subject of a petition filed under this | 6 | | Section and is a
party to such hearing or the Board, may move | 7 | | for and obtain the entry
of an order in the circuit court of | 8 | | the county in which the majority of the
public employees sought | 9 | | to be represented by such person reside, such order
extending | 10 | | the date upon which the election shall be held. Such order | 11 | | shall
be issued by the circuit court only upon a judicial | 12 | | finding that there has
been a sufficient showing that there is | 13 | | good cause to extend the election
date beyond such period and | 14 | | shall require the Board to hold the
election as soon as is | 15 | | feasible given the totality of the circumstances.
Such 120 day | 16 | | period may be extended one or more times by the agreement
of | 17 | | all parties to the hearing to a date certain without the | 18 | | necessity of
obtaining a court order. Nothing in this Section | 19 | | prohibits the waiving
of hearings by stipulation for the | 20 | | purpose of a consent election in conformity
with the rules and | 21 | | regulations of the Board or an election in a unit agreed
upon | 22 | | by the parties. Other interested employee organizations may | 23 | | intervene
in the proceedings in the manner and within the time | 24 | | period specified by
rules and regulations of the Board. | 25 | | Interested parties who are necessary
to the proceedings may | 26 | | also intervene in the proceedings in the manner and
within the |
| | | 09900SB0981sam001 | - 28 - | LRB099 05535 JLK 34145 a |
|
| 1 | | time period specified by the rules and regulations of the | 2 | | Board.
| 3 | | (a-5) The Board shall designate an exclusive | 4 | | representative for purposes
of
collective bargaining when the | 5 | | representative demonstrates a showing of
majority interest by | 6 | | employees in the unit. If the parties to a dispute are
without
| 7 | | agreement on the means to ascertain the choice, if any, of | 8 | | employee
organization
as their representative, the Board shall | 9 | | ascertain the employees' choice of
employee organization, on | 10 | | the basis of dues deduction authorization or other
evidence, | 11 | | or, if necessary, by conducting an election. All evidence | 12 | | submitted by an employee organization to the Board to ascertain | 13 | | an employee's choice of an employee organization is | 14 | | confidential and shall not be submitted to the employer for | 15 | | review. The Board shall ascertain the employee's choice of | 16 | | employee organization within 120 days after the filing of the | 17 | | majority interest petition; however, the Board may extend time | 18 | | by an additional 60 days, upon its own motion or upon the | 19 | | motion of a party to the proceeding. If either party provides
| 20 | | to the Board, before the designation of a representative, clear | 21 | | and convincing
evidence that the dues deduction | 22 | | authorizations, and other evidence upon which
the Board would | 23 | | otherwise rely to ascertain the employees' choice of
| 24 | | representative, are fraudulent or were obtained through | 25 | | coercion, the Board
shall promptly thereafter conduct an | 26 | | election. The Board shall also investigate
and consider a |
| | | 09900SB0981sam001 | - 29 - | LRB099 05535 JLK 34145 a |
|
| 1 | | party's allegations that the dues deduction authorizations and
| 2 | | other evidence submitted in support of a designation of | 3 | | representative without
an election were subsequently changed, | 4 | | altered, withdrawn, or withheld as a
result of employer fraud, | 5 | | coercion, or any other unfair labor practice by the
employer. | 6 | | If the Board determines that a labor organization would have | 7 | | had a
majority interest but for an employer's fraud, coercion, | 8 | | or unfair labor
practice, it shall designate the labor | 9 | | organization as an exclusive
representative without conducting | 10 | | an
election. If a hearing is necessary to resolve any issues of | 11 | | representation under this Section, the Board shall conclude its | 12 | | hearing process and issue a certification of the entire | 13 | | appropriate unit not later than 120 days after the date the | 14 | | petition was filed. The 120-day period may be extended one or | 15 | | more times by the agreement of all parties to a hearing to a | 16 | | date certain.
| 17 | | (a-6) A labor organization or an employer may file a unit | 18 | | clarification petition seeking to clarify an existing | 19 | | bargaining unit. The Board shall conclude its investigation, | 20 | | including any hearing process deemed necessary, and issue a | 21 | | certification of clarified unit or dismiss the petition not | 22 | | later than 120 days after the date the petition was filed. The | 23 | | 120-day period may be extended one or more times by the | 24 | | agreement of all parties to a hearing to a date certain. | 25 | | (b) The Board shall decide in each case, in order to assure | 26 | | public employees
the fullest freedom in exercising the rights |
| | | 09900SB0981sam001 | - 30 - | LRB099 05535 JLK 34145 a |
|
| 1 | | guaranteed by this Act, a unit
appropriate for the purpose of | 2 | | collective bargaining, based upon but not
limited to such | 3 | | factors as: historical pattern of recognition; community
of | 4 | | interest including employee skills and functions; degree of | 5 | | functional
integration; interchangeability and contact among | 6 | | employees; fragmentation
of employee groups; common | 7 | | supervision, wages, hours and other working
conditions of the | 8 | | employees involved; and the desires of the employees.
For | 9 | | purposes of this subsection, fragmentation shall not be the | 10 | | sole or
predominant factor used by the Board in determining an | 11 | | appropriate
bargaining unit. Except with respect to non-State | 12 | | fire fighters and
paramedics employed by fire departments and | 13 | | fire protection districts,
non-State peace officers and peace | 14 | | officers in the State
Department of State Police, a single | 15 | | bargaining unit determined by the
Board may not include both | 16 | | supervisors and nonsupervisors, except for
bargaining units in | 17 | | existence on the effective date of this Act. With
respect to | 18 | | non-State fire fighters and paramedics employed by fire
| 19 | | departments and fire protection districts, non-State peace | 20 | | officers and
peace officers in the State Department of State | 21 | | Police, a single bargaining
unit determined by the Board may | 22 | | not include both supervisors and
nonsupervisors, except for | 23 | | bargaining units in existence on the effective
date of this | 24 | | amendatory Act of 1985.
| 25 | | In cases involving an historical pattern of recognition, | 26 | | and in cases where
the employer has recognized the union as the |
| | | 09900SB0981sam001 | - 31 - | LRB099 05535 JLK 34145 a |
|
| 1 | | sole and exclusive bargaining
agent for a specified existing | 2 | | unit, the Board shall find the employees
in the unit then | 3 | | represented by the union pursuant to the recognition to
be the | 4 | | appropriate unit.
| 5 | | Notwithstanding the above factors, where the majority of | 6 | | public employees
of a craft so decide, the Board shall | 7 | | designate such craft as a unit
appropriate for the purposes of | 8 | | collective bargaining.
| 9 | | The Board shall not decide that any unit is appropriate if | 10 | | such unit
includes both professional and nonprofessional | 11 | | employees , unless a majority
of each group votes for inclusion | 12 | | in such unit .
| 13 | | (c) Nothing in this Act shall interfere with or negate the | 14 | | current
representation rights or patterns and practices of | 15 | | labor organizations
which have historically represented public | 16 | | employees for the purpose of
collective bargaining, including | 17 | | but not limited to the negotiations of
wages, hours and working | 18 | | conditions, discussions of employees' grievances,
resolution | 19 | | of jurisdictional disputes, or the establishment and | 20 | | maintenance
of prevailing wage rates, unless a majority of | 21 | | employees so represented
express a contrary desire pursuant to | 22 | | the procedures set forth in this Act.
| 23 | | (d) In instances where the employer does not voluntarily | 24 | | recognize a labor
organization as the exclusive bargaining | 25 | | representative for a unit of
employees, the Board shall | 26 | | determine the majority representative of the
public employees |
| | | 09900SB0981sam001 | - 32 - | LRB099 05535 JLK 34145 a |
|
| 1 | | in an appropriate collective bargaining unit by conducting
a | 2 | | secret ballot election, except as otherwise provided in | 3 | | subsection (a-5).
Within 7 days after the Board issues its
| 4 | | bargaining unit determination and direction of election or the | 5 | | execution of
a stipulation for the purpose of a consent | 6 | | election, the public employer
shall submit to the labor | 7 | | organization the complete names and addresses of
those | 8 | | employees who are determined by the Board to be eligible to
| 9 | | participate in the election. When the Board has determined that | 10 | | a labor
organization has been fairly and freely chosen by a | 11 | | majority of employees
in an appropriate unit, it shall certify | 12 | | such organization as the exclusive
representative. If the Board | 13 | | determines that a majority of employees in an
appropriate unit | 14 | | has fairly and freely chosen not to be represented by a
labor | 15 | | organization, it shall so certify. The Board may also revoke | 16 | | the
certification of the public employee organizations as | 17 | | exclusive bargaining
representatives which have been found by a | 18 | | secret ballot election to be no
longer the majority | 19 | | representative.
| 20 | | (e) The Board shall not conduct an election in any | 21 | | bargaining unit or
any subdivision thereof within which a valid | 22 | | election has been held in the
preceding 12-month period. The | 23 | | Board shall determine who is eligible to
vote in an election | 24 | | and shall establish rules governing the conduct of the
election | 25 | | or conduct affecting the results of the election. The Board | 26 | | shall
include on a ballot in a representation election a choice |
| | | 09900SB0981sam001 | - 33 - | LRB099 05535 JLK 34145 a |
|
| 1 | | of "no
representation". A labor organization currently | 2 | | representing the bargaining
unit of employees shall be placed | 3 | | on the ballot in any representation
election. In any election | 4 | | where none of the choices on the ballot receives
a majority, a | 5 | | runoff election shall be conducted between the 2 choices
| 6 | | receiving the largest number of valid votes cast in the | 7 | | election. A labor
organization which receives a majority of the | 8 | | votes cast in an election
shall be certified by the Board as | 9 | | exclusive representative of all public
employees in the unit.
| 10 | | (f) A labor
organization shall be designated as the | 11 | | exclusive representative by a
public employer, provided that | 12 | | the labor
organization represents a majority of the public | 13 | | employees in an
appropriate unit. Any employee organization | 14 | | which is designated or selected
by the majority of public | 15 | | employees, in a unit of the public employer
having no other | 16 | | recognized or certified representative, as their
| 17 | | representative for purposes of collective bargaining may | 18 | | request
recognition by the public employer in writing. The | 19 | | public employer shall
post such request for a period of at | 20 | | least 20 days following its receipt
thereof on bulletin boards | 21 | | or other places used or reserved for employee
notices.
| 22 | | (g) Within the 20-day period any other interested employee | 23 | | organization
may petition the Board in the manner specified by | 24 | | rules and regulations
of the Board, provided that such | 25 | | interested employee organization has been
designated by at | 26 | | least 10% of the employees in an appropriate bargaining
unit |
| | | 09900SB0981sam001 | - 34 - | LRB099 05535 JLK 34145 a |
|
| 1 | | which includes all or some of the employees in the unit | 2 | | recognized
by the employer. In such event, the Board shall | 3 | | proceed with the petition
in the same manner as provided by | 4 | | paragraph (1) of subsection (a) of this
Section.
| 5 | | (h) No election shall be directed by the Board in any | 6 | | bargaining unit
where there is in force a valid collective | 7 | | bargaining agreement. The Board,
however, may process an | 8 | | election petition filed between 90 and 60 days prior
to the | 9 | | expiration of the date of an agreement, and may further refine, | 10 | | by
rule or decision, the implementation of this provision.
| 11 | | Where more than 4 years have elapsed since the effective date | 12 | | of the agreement,
the agreement shall continue to bar an | 13 | | election, except that the Board may
process an election | 14 | | petition filed between 90 and 60 days prior to the end of
the | 15 | | fifth year of such an agreement, and between 90 and 60 days | 16 | | prior to the
end of each successive year of such agreement.
| 17 | | (i) An order of the Board dismissing a representation | 18 | | petition,
determining and certifying that a labor organization | 19 | | has been fairly and
freely chosen by a majority of employees in | 20 | | an appropriate bargaining unit,
determining and certifying | 21 | | that a labor organization has not been fairly
and freely chosen | 22 | | by a majority of employees in the bargaining unit or
certifying | 23 | | a labor organization as the exclusive representative of
| 24 | | employees in an appropriate bargaining unit because of a | 25 | | determination by
the Board that the labor organization is the | 26 | | historical bargaining
representative of employees in the |
| | | 09900SB0981sam001 | - 35 - | LRB099 05535 JLK 34145 a |
|
| 1 | | bargaining unit, is a final order. Any
person aggrieved by any | 2 | | such order issued on or after the effective date of
this | 3 | | amendatory Act of 1987 may apply for and obtain judicial review | 4 | | in
accordance with provisions of the Administrative Review Law, | 5 | | as now or
hereafter amended, except that such review shall be | 6 | | afforded directly in
the Appellate Court for the district in | 7 | | which the aggrieved party resides
or transacts business.
Any | 8 | | direct appeal to the Appellate Court shall be filed within 35 | 9 | | days from
the date that a copy of the decision sought to be | 10 | | reviewed was served upon the
party affected by the decision.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 12 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 13 | | Sec. 15. Construction with other laws Act takes precedence . | 14 | | (a) This Act is to be construed consistently with the | 15 | | Personnel Code. In case of any conflict between the provisions | 16 | | of this Act and any other law, the conflict is to be resolved | 17 | | in a manner that improves the efficiency of State government, | 18 | | safeguards the State treasury, and promotes the high standard | 19 | | of performance and conduct that the people of Illinois expect | 20 | | from public employees. In case of any conflict between the | 21 | | provisions of this Act and the Illinois Personnel Code, the | 22 | | Illinois Personnel Code shall control. In case of any conflict | 23 | | between the
provisions of this Act and any other law (other | 24 | | than Section 5 of the State Employees Group Insurance Act of | 25 | | 1971 and other than the changes made to the Illinois Pension |
| | | 09900SB0981sam001 | - 36 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Code by Public Act 96-889 and other than as provided in Section | 2 | | 7.5), executive order or administrative
regulation relating to | 3 | | wages, hours and conditions of employment and employment
| 4 | | relations, the provisions of this Act or any collective | 5 | | bargaining agreement
negotiated thereunder shall prevail and | 6 | | control. | 7 | | Nothing in this Act shall be construed to replace or | 8 | | diminish the
rights of employees established by Sections 28 and | 9 | | 28a of the Metropolitan
Transit Authority Act, Sections 2.15 | 10 | | through 2.19 of the Regional Transportation
Authority Act. The | 11 | | provisions of this Act are subject to Section 7.5 of this Act | 12 | | and Section 5 of the State Employees Group Insurance Act of | 13 | | 1971. Nothing in this Act shall be construed to replace the | 14 | | necessity of complaints against a sworn peace officer, as | 15 | | defined in Section 2(a) of the Uniform Peace Officer | 16 | | Disciplinary Act, from having a complaint supported by a sworn | 17 | | affidavit.
| 18 | | (b) (Blank). Except as provided in subsection (a) above, | 19 | | any collective bargaining
contract between a public employer | 20 | | and a labor organization executed pursuant
to this Act shall | 21 | | supersede any contrary statutes, charters, ordinances, rules
| 22 | | or regulations relating to wages, hours and conditions of | 23 | | employment and
employment relations adopted by the public | 24 | | employer or its agents. Any collective
bargaining agreement | 25 | | entered into prior to the effective date of this Act
shall | 26 | | remain in full force during its duration.
|
| | | 09900SB0981sam001 | - 37 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (c) It is the public policy of this State, pursuant to | 2 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 3 | | Illinois Constitution, that the
provisions of this Act are the | 4 | | exclusive exercise by the State of powers
and functions which | 5 | | might otherwise be exercised by home rule units. Such
powers | 6 | | and functions may not be exercised concurrently, either | 7 | | directly
or indirectly, by any unit of local government, | 8 | | including any home rule
unit, except as otherwise authorized by | 9 | | this Act.
| 10 | | (d) No collective bargaining agreement entered into, | 11 | | renewed, or extended after the effective date of this | 12 | | amendatory Act of the 99th General Assembly or any arbitration | 13 | | award issued under such collective bargaining agreement may | 14 | | violate or conflict with any law. | 15 | | (Source: P.A. 98-599, eff. 6-1-14 .)
| 16 | | (5 ILCS 315/21.5) | 17 | | Sec. 21.5. Termination of certain agreements after | 18 | | constitutional officers take office ; implementation of hiring | 19 | | reforms . | 20 | | (a) No collective bargaining agreement entered into, on or | 21 | | after the effective date of this amendatory Act of the 96th | 22 | | General Assembly between an executive branch constitutional | 23 | | officer or any agency or department of an executive branch | 24 | | constitutional officer and a labor organization may extend | 25 | | beyond June 30th of the year in which the terms of office of |
| | | 09900SB0981sam001 | - 38 - | LRB099 05535 JLK 34145 a |
|
| 1 | | executive branch constitutional officers begin. | 2 | | (b) No collective bargaining agreement entered into, on or | 3 | | after the effective date of this amendatory Act of the 96th | 4 | | General Assembly between an executive branch constitutional | 5 | | officer or any agency or department of an executive branch | 6 | | constitutional officer and a labor organization may provide for | 7 | | an increase in salary, wages, or benefits starting on or after | 8 | | the first day of the terms of office of executive branch | 9 | | constitutional officers and ending June 30th of that same year. | 10 | | (b-5) No collective bargaining agreement entered into on or | 11 | | after the effective date of this amendatory Act of the 99th | 12 | | General Assembly between an executive branch constitutional | 13 | | office or any agency or department of an executive branch | 14 | | constitutional officer and a labor organization may impose any | 15 | | obligation or limitation on a reorganization of executive | 16 | | agencies or reassignment of their functions and employees | 17 | | pursuant to Section 11 of Article V of the Illinois | 18 | | Constitution and Section 29 of this Act. | 19 | | (c) Any collective bargaining agreement in violation of | 20 | | this Section is terminated and rendered null and void by | 21 | | operation of law. | 22 | | (d) For purposes of this Section, "executive branch | 23 | | constitutional officer" has the same meaning as that term is | 24 | | defined in the State Officials and Employees Ethics Act.
| 25 | | (Source: P.A. 96-1529, eff. 2-16-11.) |
| | | 09900SB0981sam001 | - 39 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (5 ILCS 315/29 new) | 2 | | Sec. 29. Rutan-exempt hiring reform implementation. | 3 | | (a) The General Assembly finds and declares that it is the | 4 | | policy of this State to provide employment opportunities free | 5 | | from improper political influence, as set out in the opinion of | 6 | | the United States Supreme Court in Rutan v. The Republican | 7 | | Party of Illinois, and related cases before and since. The | 8 | | purpose of this amendatory Act of the 99th General Assembly is | 9 | | to ensure that political affiliation is not considered in | 10 | | filling Rutan-covered positions and that collective bargaining | 11 | | units are protected from improper political influence. | 12 | | (b) Each executive branch constitutional officer shall | 13 | | take necessary and appropriate actions to implement this | 14 | | amendatory Act of the 99th General Assembly with respect to | 15 | | employees under their respective jurisdictions, including: | 16 | | (i) correcting position descriptions and the procedure | 17 | | for grading of positions to ensure that each position | 18 | | description accurately reflects the duties performed by an | 19 | | employee in that position; | 20 | | (ii) revising policies and procedures for determining | 21 | | whether a position is Rutan-exempt or Rutan-covered; | 22 | | (iii) petitioning the Illinois Labor Relations Board | 23 | | for unit clarification or decertification or other | 24 | | appropriate relief; and | 25 | | (iv) determining whether any employee has been hired or | 26 | | transferred into a position in a manner inconsistent with |
| | | 09900SB0981sam001 | - 40 - | LRB099 05535 JLK 34145 a |
|
| 1 | | the requirements this amendatory Act of the 99th General | 2 | | Assembly or the policies and procedures applicable to such | 3 | | position as revised pursuant to this Section; and with | 4 | | respect to any such employee, taking appropriate remedial | 5 | | employment action, which may include transfer, | 6 | | reassignment, discharge, or layoff, subject to the | 7 | | requirements of procedural due process. | 8 | | Actions taken to bring the procedures, policies, | 9 | | positions, and workforce of the State into compliance with this | 10 | | amendatory Act of the 99th General Assembly are not subject to | 11 | | the Personnel Code, other provisions of the Illinois Public | 12 | | Labor Relations Act, or any collective bargaining agreement | 13 | | entered into, extended, or renewed after the effective date of | 14 | | this amendatory Act of the 99th General Assembly. | 15 | | (c) Once every 6 months after the effective date of this | 16 | | amendatory Act of the 99th General Assembly until June 30, | 17 | | 2017, each executive branch constitutional officer who takes | 18 | | action pursuant to this Section shall file a written report | 19 | | with the General Assembly and the Executive Ethics Commission | 20 | | setting forth the actions taken. | 21 | | Section 10. The Personnel Code is amended by changing | 22 | | Sections 2, 4c, 9, 10, and 17 and by adding Section 26 as | 23 | | follows:
| 24 | | (20 ILCS 415/2) (from Ch. 127, par. 63b102)
|
| | | 09900SB0981sam001 | - 41 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Sec. 2. Purpose ; construction .
| 2 | | (a) The purpose of the Personnel Code is to establish for | 3 | | the government of
the State of Illinois a system of personnel | 4 | | administration under the
Governor, based on merit principles | 5 | | and scientific methods. The primary purpose of employment in | 6 | | the service in the State of Illinois is the provision of | 7 | | effective and efficient service to the taxpayers, preservation | 8 | | of the public trust, and promotion of accountable, responsive, | 9 | | and transparent government.
| 10 | | (b) The Personnel Code is to be the primary determination | 11 | | of all rights with respect to employment in positions under the | 12 | | Governor. In case of any conflicts between the provisions of | 13 | | this Act and any other law, the conflict is to be resolved in a | 14 | | manner consistent with the merit system provided for in this | 15 | | Act and interpreted in a manner that improves the efficiency of | 16 | | State government, safeguards the State treasury, and promotes | 17 | | the high standards of performance and conduct that the people | 18 | | of Illinois expect from public employees. | 19 | | (Source: Laws 1955, p. 2208.)
| 20 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 21 | | Sec. 4c. General exemptions. The following positions in | 22 | | State
service shall be exempt from jurisdictions A, B, and C, | 23 | | unless the
jurisdictions shall be extended as provided in this | 24 | | Act:
| 25 | | (1) All officers elected by the people.
|
| | | 09900SB0981sam001 | - 42 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (2) All positions under the Lieutenant Governor, | 2 | | Secretary of State,
State Treasurer, State Comptroller, | 3 | | State Board of Education, Clerk of
the Supreme Court,
| 4 | | Attorney General, and State Board of Elections.
| 5 | | (3) Judges, and officers and employees of the courts, | 6 | | and notaries
public.
| 7 | | (4) All officers and employees of the Illinois General | 8 | | Assembly, all
employees of legislative commissions, all | 9 | | officers and employees of the
Illinois Legislative | 10 | | Reference Bureau, the Legislative
Research Unit, and the | 11 | | Legislative Printing Unit.
| 12 | | (5) All positions in the Illinois National Guard and | 13 | | Illinois State
Guard, paid from federal funds or positions
| 14 | | in the State Military Service filled by enlistment and paid | 15 | | from State
funds.
| 16 | | (6) All employees of the Governor at the executive | 17 | | mansion and on
his immediate personal staff.
| 18 | | (7) Directors of Departments, the Adjutant General, | 19 | | the Assistant
Adjutant General, the Director of the | 20 | | Illinois Emergency
Management Agency, members of boards | 21 | | and commissions, and all other
positions appointed by the | 22 | | Governor by and with the consent of the
Senate.
| 23 | | (8) The presidents, other principal administrative | 24 | | officers, and
teaching, research and extension faculties | 25 | | of
Chicago State University, Eastern Illinois University, | 26 | | Governors State
University, Illinois State University, |
| | | 09900SB0981sam001 | - 43 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Northeastern Illinois University,
Northern Illinois | 2 | | University, Western Illinois University, the Illinois
| 3 | | Community College Board, Southern Illinois
University, | 4 | | Illinois Board of Higher Education, University of
| 5 | | Illinois, State Universities Civil Service System, | 6 | | University Retirement
System of Illinois, and the | 7 | | administrative officers and scientific and
technical staff | 8 | | of the Illinois State Museum.
| 9 | | (9) All other employees except the presidents, other | 10 | | principal
administrative officers, and teaching, research | 11 | | and extension faculties
of the universities under the | 12 | | jurisdiction of the Board of Regents and
the colleges and | 13 | | universities under the jurisdiction of the Board of
| 14 | | Governors of State Colleges and Universities, Illinois | 15 | | Community College
Board, Southern Illinois University, | 16 | | Illinois Board of Higher Education,
Board of Governors of | 17 | | State Colleges and Universities, the Board of
Regents, | 18 | | University of Illinois, State Universities Civil Service
| 19 | | System, University Retirement System of Illinois, so long | 20 | | as these are
subject to the provisions of the State | 21 | | Universities Civil Service Act.
| 22 | | (10) The State Police so long as they are subject to | 23 | | the merit
provisions of the State Police Act.
| 24 | | (11) (Blank).
| 25 | | (12) The technical and engineering staffs of the | 26 | | Department of
Transportation, legacy Department of Nuclear |
| | | 09900SB0981sam001 | - 44 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Safety positions within the Illinois Emergency Management | 2 | | Agency the Department of Nuclear Safety , the Pollution | 3 | | Control
Board, and the Illinois Commerce Commission, and | 4 | | the technical and engineering
staff providing | 5 | | architectural and engineering services in the Department | 6 | | of
Central Management Services.
| 7 | | (12.1) As soon as practicable after the effective date | 8 | | of this amendatory Act of the 99th General Assembly, the | 9 | | Department of Central Management Services shall | 10 | | collaborate with the appropriate agencies to complete a | 11 | | review of positions to determine whether any position | 12 | | classified as "technical" or "engineering" or both falls | 13 | | within an existing classification under the Personnel | 14 | | Code. Any position that falls substantially within an | 15 | | existing classification shall be considered by the | 16 | | Department of Central Management Services for appropriate | 17 | | reclassification or extension of jurisdiction according to | 18 | | the procedures of this amendatory Act of the 99th General | 19 | | Assembly. After the effective date of this amendatory Act | 20 | | of the 99th General Assembly, the classification as | 21 | | "technical" or "engineering" of any position falling under | 22 | | paragraph (12) of Section 4c must be approved by the | 23 | | Department of Central Management Services. | 24 | | (13) All employees of the Illinois State Toll Highway | 25 | | Authority.
| 26 | | (14) The Secretary of the Illinois Workers' |
| | | 09900SB0981sam001 | - 45 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Compensation Commission.
| 2 | | (15) All persons who are appointed or employed by the | 3 | | Director of
Insurance under authority of Section 202 of the | 4 | | Illinois Insurance Code
to assist the Director of Insurance | 5 | | in discharging his responsibilities
relating to the | 6 | | rehabilitation, liquidation, conservation, and
dissolution | 7 | | of companies that are subject to the jurisdiction of the
| 8 | | Illinois Insurance Code.
| 9 | | (16) All employees of the St. Louis Metropolitan Area | 10 | | Airport
Authority.
| 11 | | (17) All investment officers employed by the Illinois | 12 | | State Board of
Investment.
| 13 | | (18) Employees of the Illinois Young Adult | 14 | | Conservation Corps program,
administered by the Illinois | 15 | | Department of Natural Resources, authorized
grantee under | 16 | | Title VIII of the Comprehensive
Employment and Training Act | 17 | | of 1973, 29 USC 993.
| 18 | | (19) Seasonal employees of the Department of | 19 | | Agriculture for the
operation of the Illinois State Fair | 20 | | and the DuQuoin State Fair, no one
person receiving more | 21 | | than 29 days of such employment in any calendar year.
| 22 | | (20) All "temporary" employees hired under the | 23 | | Department of Natural
Resources' Illinois Conservation | 24 | | Service, a youth
employment program that hires young people | 25 | | to work in State parks for a period
of one year or less.
| 26 | | (21) All hearing officers of the Human Rights |
| | | 09900SB0981sam001 | - 46 - | LRB099 05535 JLK 34145 a |
|
| 1 | | Commission.
| 2 | | (22) All employees of the Illinois Mathematics and | 3 | | Science Academy.
| 4 | | (23) All employees of the Kankakee River Valley Area
| 5 | | Airport Authority.
| 6 | | (24) The commissioners and employees of the Executive | 7 | | Ethics
Commission.
| 8 | | (25) The Executive Inspectors General, including | 9 | | special Executive
Inspectors General, and employees of | 10 | | each Office of an
Executive Inspector General.
| 11 | | (26) The commissioners and employees of the | 12 | | Legislative Ethics
Commission.
| 13 | | (27) The Legislative Inspector General, including | 14 | | special Legislative
Inspectors General, and employees of | 15 | | the Office of
the Legislative Inspector General.
| 16 | | (28) The Auditor General's Inspector General and | 17 | | employees of the Office
of the Auditor General's Inspector | 18 | | General.
| 19 | | (29) All employees of the Illinois Power Agency. | 20 | | (30) Employees having demonstrable, defined advanced | 21 | | skills in accounting, financial reporting, or technical | 22 | | expertise who are employed within executive branch | 23 | | agencies and whose duties are directly related to the | 24 | | submission to the Office of the Comptroller of financial | 25 | | information for the publication of the Comprehensive | 26 | | Annual Financial Report (CAFR). |
| | | 09900SB0981sam001 | - 47 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (31) All employees of the Illinois Sentencing Policy | 2 | | Advisory Council. | 3 | | (Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12; | 4 | | 98-65, eff. 7-15-13.)
| 5 | | (20 ILCS 415/9) (from Ch. 127, par. 63b109)
| 6 | | Sec. 9. Director, powers and duties. The Director, as | 7 | | executive
head of the Department, shall direct and supervise | 8 | | all its
administrative and technical activities. In addition to | 9 | | the duties
imposed upon him elsewhere in this law, it shall be | 10 | | his duty:
| 11 | | (1) To apply and carry out this law and the rules | 12 | | adopted
thereunder.
| 13 | | (2) To attend meetings of the Commission.
| 14 | | (3) To establish and maintain a roster of all employees | 15 | | subject to
this Act, in which there shall be set forth, as | 16 | | to each employee, the
class, title, pay, status, and other | 17 | | pertinent data.
| 18 | | (4) To appoint, subject to the provisions of this Act, | 19 | | such
employees of the Department and such experts and | 20 | | special assistants as
may be necessary to carry out | 21 | | effectively this law.
| 22 | | (5) Subject to such exemptions or modifications as may | 23 | | be necessary
to assure the continuity of federal | 24 | | contributions in those agencies
supported in whole or in | 25 | | part by federal funds, to make appointments to
vacancies; |
| | | 09900SB0981sam001 | - 48 - | LRB099 05535 JLK 34145 a |
|
| 1 | | to approve all written charges seeking discharge, | 2 | | demotion,
or other disciplinary measures provided in this | 3 | | Act and to approve
transfers of employees from one | 4 | | geographical area to another in the
State, in offices, | 5 | | positions or places of employment covered by this
Act, | 6 | | after consultation with the operating unit.
| 7 | | (6) To formulate and administer service wide policies | 8 | | and programs
for the improvement of employee | 9 | | effectiveness, including training,
safety, health, | 10 | | incentive recognition, counseling, welfare and employee
| 11 | | relations. The Department shall formulate and administer | 12 | | recruitment
plans and testing of potential employees for | 13 | | agencies having direct
contact with significant numbers of | 14 | | non-English speaking or otherwise
culturally distinct | 15 | | persons. The Department shall require each State agency
to | 16 | | annually assess the need for employees with appropriate | 17 | | bilingual
capabilities to serve the significant numbers of | 18 | | non-English speaking or
culturally distinct persons. The | 19 | | Department shall develop a uniform
procedure for assessing | 20 | | an agency's need for employees with appropriate
bilingual | 21 | | capabilities. Agencies shall establish occupational titles | 22 | | or
designate positions as "bilingual option" for persons | 23 | | having sufficient
linguistic ability or cultural knowledge | 24 | | to be able to render effective
service to such persons. The | 25 | | Department shall ensure that any such option
is exercised | 26 | | according to the agency's needs assessment and the
|
| | | 09900SB0981sam001 | - 49 - | LRB099 05535 JLK 34145 a |
|
| 1 | | requirements of this Code. The Department shall make annual | 2 | | reports of the
needs assessment of each agency and the | 3 | | number of positions calling for
non-English linguistic | 4 | | ability to whom vacancy postings were sent, and the
number | 5 | | filled by each agency. Such policies and programs shall be | 6 | | subject
to approval by the Governor. Such policies, program | 7 | | reports and needs
assessment reports shall be filed with | 8 | | the General Assembly
by January 1 of each year and shall be | 9 | | available to the public.
| 10 | | The Department shall include within the report | 11 | | required above
the number of persons receiving the | 12 | | bilingual pay supplement established by
Section 8a.2 of | 13 | | this Code. The report shall provide the number of persons
| 14 | | receiving the bilingual pay supplement for languages other | 15 | | than English and for
signing. The report shall also | 16 | | indicate the number of persons, by the
categories of | 17 | | Hispanic and non-Hispanic, who are receiving the bilingual | 18 | | pay
supplement for language skills other than signing, in a | 19 | | language other than
English.
| 20 | | (7) To conduct negotiations affecting pay, hours of | 21 | | work, or other
working conditions of employees subject to | 22 | | this Act.
| 23 | | (8) To make continuing studies to improve the | 24 | | efficiency of State
services to the residents of Illinois, | 25 | | including but not limited to those
who are non-English | 26 | | speaking or culturally distinct, and to report his
findings |
| | | 09900SB0981sam001 | - 50 - | LRB099 05535 JLK 34145 a |
|
| 1 | | and recommendations to the Commission and the Governor.
| 2 | | (9) To investigate from time to time the operation and | 3 | | effect of
this law and the rules made thereunder and to | 4 | | report his findings and
recommendations to the Commission | 5 | | and to the
Governor.
| 6 | | (10) To make an annual report regarding the work of the | 7 | | Department,
and such special reports as he may consider | 8 | | desirable, to the Commission
and to the Governor, or as the | 9 | | Governor or Commission may request.
| 10 | | (11) (Blank).
| 11 | | (12) To prepare and publish a semi-annual statement | 12 | | showing the
number of employees exempt and non-exempt from | 13 | | merit selection in each
department. This report shall be in | 14 | | addition to other information on
merit selection | 15 | | maintained for public information under existing law.
| 16 | | (13) To authorize in every department or agency subject | 17 | | to
Jurisdiction C the use of flexible hours positions. A | 18 | | flexible hours
position is one that does not require an | 19 | | ordinary work schedule as
determined by the Department and | 20 | | includes but is not limited to: 1) a
part time job of 20 | 21 | | hours or more per week, 2) a job which is shared by
2 | 22 | | employees or a compressed work week consisting of an | 23 | | ordinary number
of working hours performed on fewer than | 24 | | the number of days ordinarily
required to perform that job. | 25 | | The Department may define flexible time
to include other | 26 | | types of jobs that are defined above.
|
| | | 09900SB0981sam001 | - 51 - | LRB099 05535 JLK 34145 a |
|
| 1 | | The Director and the director of each department or | 2 | | agency shall
together establish goals for flexible hours | 3 | | positions to be available in
every department or agency.
| 4 | | The Department shall give technical assistance to | 5 | | departments and
agencies in achieving their goals, and | 6 | | shall report to the Governor and
the General Assembly each | 7 | | year on the progress of each department and
agency.
| 8 | | When a goal of 10% of the positions in a department or | 9 | | agency being
available on a flexible hours basis has been | 10 | | reached, the Department
shall evaluate the effectiveness | 11 | | and efficiency of the program and
determine whether to | 12 | | expand the number of positions available for
flexible hours | 13 | | to 20%.
| 14 | | When a goal of 20% of the positions in a department or | 15 | | agency being
available on a flexible hours basis has been | 16 | | reached, the Department
shall evaluate the effectiveness | 17 | | and efficiency of the program and
determine whether to | 18 | | expand the number of positions available for
flexible | 19 | | hours.
| 20 | | Each department shall develop a plan for | 21 | | implementation of flexible
work requirements designed to | 22 | | reduce the need for day care of employees'
children outside | 23 | | the home. Each department shall submit a report of its
plan | 24 | | to the Department of Central Management Services and the | 25 | | General
Assembly. This report shall be submitted | 26 | | biennially by March 1, with the
first report due March 1, |
| | | 09900SB0981sam001 | - 52 - | LRB099 05535 JLK 34145 a |
|
| 1 | | 1993.
| 2 | | (14) To perform any other lawful acts which he may | 3 | | consider
necessary or desirable to carry out the purposes | 4 | | and provisions of this
law.
| 5 | | (15) To periodically conduct reviews of positions | 6 | | exempted from the Personnel Code in Section 4c or any other | 7 | | Act that remain under the Governor's jurisdiction for the | 8 | | purpose of ensuring that job descriptions reflect the | 9 | | duties and level of responsibility actually assigned to a | 10 | | position. For purposes of this Section, "under the | 11 | | Governor's jurisdiction" shall include but not be limited | 12 | | to those entities listed in paragraphs (10), (12), (13), | 13 | | (18), (19), (20), (21), (29), and (30) of Section 4c of | 14 | | this Code. Such reviews shall also determine whether the | 15 | | exemption of any position under Section 4c of this Code or | 16 | | any other Act continues to be appropriate based on its | 17 | | duties and level of responsibility. Such reviews shall also | 18 | | determine whether political support or affiliation are | 19 | | appropriate considerations for a position being treated by | 20 | | the employing agency or entity as Rutan-exempt, as that | 21 | | term is defined in Section 3 of the Illinois Public Labor | 22 | | Relations Act. This authority to conduct reviews does not | 23 | | include the authority to review positions under executive | 24 | | branch constitutional officers other than the Governor, | 25 | | the Auditor General, the General Assembly, or the judicial | 26 | | branch. |
| | | 09900SB0981sam001 | - 53 - | LRB099 05535 JLK 34145 a |
|
| 1 | | The requirement for reporting to the General Assembly shall | 2 | | be satisfied
by filing copies of the report with the Speaker, | 3 | | the Minority Leader and
the Clerk of the House of | 4 | | Representatives and the President, the Minority
Leader and the | 5 | | Secretary of the Senate and the Legislative Research
Unit, as | 6 | | required by Section 3.1 of "An Act to revise the law in | 7 | | relation
to the General Assembly", approved February 25, 1874, | 8 | | as amended, and
filing such additional copies with the State | 9 | | Government Report Distribution
Center for the General Assembly | 10 | | as is required under paragraph (t) of
Section 7 of the State | 11 | | Library Act.
| 12 | | (Source: P.A. 98-692, eff. 7-1-14.)
| 13 | | (20 ILCS 415/10) (from Ch. 127, par. 63b110)
| 14 | | Sec. 10. Duties and powers of the Commission. The Civil | 15 | | Service Commission shall have duties and powers as follows:
| 16 | | (1) Upon written recommendations by the Director of the | 17 | | Department
of Central Management Services to exempt from | 18 | | jurisdiction B of this Act
positions which, in the judgment | 19 | | of the Commission, involve either
principal administrative | 20 | | responsibility for the determination of policy or
| 21 | | principal administrative responsibility for the way in | 22 | | which policies are
carried out. This authority may not be | 23 | | exercised, however, with respect to
the position of | 24 | | Assistant Director of Healthcare and Family Services in the | 25 | | Department of Healthcare and Family Services.
|
| | | 09900SB0981sam001 | - 54 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (2) To require such special reports from the Director | 2 | | as it may
consider desirable.
| 3 | | (3) To disapprove original rules or any part thereof | 4 | | within 90 days
and any amendment thereof within 30 days | 5 | | after the submission of such
rules to the Civil Service | 6 | | Commission by the Director, and to disapprove
any | 7 | | amendments thereto in the same manner.
| 8 | | (4) To approve or disapprove within 60 days from date | 9 | | of submission
the position classification P.A. submitted | 10 | | by the Director as provided
in the rules, and any revisions | 11 | | thereof within 30 days from the date of
submission.
| 12 | | (5) To hear appeals of employees who do not accept the | 13 | | allocation of
their positions under the position | 14 | | classification plan.
| 15 | | (6) To hear and determine written charges filed seeking | 16 | | the
discharge, demotion of employees and suspension | 17 | | totaling more than
thirty days in any 12-month period, | 18 | | taking into consideration the purposes set forth in Section | 19 | | 2 of this Act, as provided in Section 11 hereof,
and | 20 | | appeals from transfers from one geographical area in the | 21 | | State to
another, and in connection therewith to administer | 22 | | oaths, subpoena
witnesses, and compel the production of | 23 | | books and papers.
| 24 | | (7) The fees of subpoenaed witnesses under this Act for | 25 | | attendance and
travel shall be the same as fees of | 26 | | witnesses before the circuit courts
of the State, such fees |
| | | 09900SB0981sam001 | - 55 - | LRB099 05535 JLK 34145 a |
|
| 1 | | to be paid when the witness is excused from further
| 2 | | attendance. Whenever a subpoena is issued the Commission | 3 | | may require that
the cost of service and the fee of the | 4 | | witness shall be borne by the party
at whose insistence the | 5 | | witness is summoned. The Commission has the power,
at its | 6 | | discretion, to require a deposit from such party to cover | 7 | | the cost
of service and witness fees and the payment of the | 8 | | legal witness fee and
mileage to the witness served with | 9 | | the subpoena. A subpoena issued under
this Act shall be | 10 | | served in the same manner as a subpoena issued out of a | 11 | | court.
| 12 | | Upon the failure or refusal to obey a subpoena, a | 13 | | petition shall be prepared
by the party serving the | 14 | | subpoena for enforcement in the circuit court of
the county | 15 | | in which the person to whom the subpoena was directed | 16 | | either
resides or has his or her principal place of | 17 | | business.
| 18 | | Not less than five days before the petition is filed in | 19 | | the appropriate
court, it shall be served on the person | 20 | | along with a notice of the time and
place the petition is | 21 | | to be presented.
| 22 | | Following a hearing on the petition, the circuit court | 23 | | shall have
jurisdiction to enforce subpoenas issued | 24 | | pursuant to this Section.
| 25 | | On motion and for good cause shown the Commission may | 26 | | quash or modify
any subpoena.
|
| | | 09900SB0981sam001 | - 56 - | LRB099 05535 JLK 34145 a |
|
| 1 | | (8) To make an annual report regarding the work of the | 2 | | Commission to
the Governor, such report to be a public | 3 | | report.
| 4 | | (9) If any violation of this Act is found, the | 5 | | Commission shall
direct compliance in writing.
| 6 | | (10) To appoint a full-time executive secretary and | 7 | | such other
employees, experts, and special assistants as | 8 | | may be necessary to carry
out the powers and duties of the | 9 | | Commission under this Act and
employees, experts, and | 10 | | special assistants so appointed by the
Commission shall be | 11 | | subject to the provisions of jurisdictions A, B and
C of | 12 | | this Act. These powers and duties supersede any contrary | 13 | | provisions
herein contained.
| 14 | | (11) To make rules to carry out and implement their | 15 | | powers and
duties under this Act, with authority to amend | 16 | | such rules from time to
time.
| 17 | | (12) To hear or conduct investigations as it deems | 18 | | necessary of appeals
of layoff filed by employees appointed | 19 | | under Jurisdiction B after examination
provided that such | 20 | | appeals are filed within 15 calendar days following the
| 21 | | effective date of such layoff and are made on the basis | 22 | | that the provisions
of the Personnel Code or of the Rules | 23 | | of the Department of Central Management
Services relating | 24 | | to layoff have been violated or have not
been complied | 25 | | with.
| 26 | | All hearings shall be public. A decision shall be |
| | | 09900SB0981sam001 | - 57 - | LRB099 05535 JLK 34145 a |
|
| 1 | | rendered within 60 days
after receipt of the transcript of | 2 | | the proceedings. The Commission shall
order the | 3 | | reinstatement of the employee if it is proven that the | 4 | | provisions
of the Personnel Code or of the Rules of the | 5 | | Department of Central Management
Services relating to | 6 | | layoff have been violated or have not been
complied with. | 7 | | In connection therewith the Commission may administer | 8 | | oaths,
subpoena witnesses, and compel the production of | 9 | | books and papers.
| 10 | | (13) Whenever the Civil Service Commission is
| 11 | | authorized or required by law to consider some aspect of | 12 | | criminal history
record information for the purpose of | 13 | | carrying out its statutory powers and
responsibilities, | 14 | | then, upon request and payment of fees in conformance
with | 15 | | the requirements of Section 2605-400 of the Department of | 16 | | State Police Law (20 ILCS 2605/2605-400), the Department of | 17 | | State Police is
authorized to furnish, pursuant to positive | 18 | | identification, such
information contained in State files | 19 | | as is necessary to fulfill the request.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 21 | | (20 ILCS 415/17) (from Ch. 127, par. 63b117)
| 22 | | Sec. 17.
Status
of Present Employees.
| 23 | | Employees holding positions in the State service herein | 24 | | shall be subject to the provisions of this amendatory Act of | 25 | | the 99th General Assembly. continue
under the following |
| | | 09900SB0981sam001 | - 58 - | LRB099 05535 JLK 34145 a |
|
| 1 | | conditions:
| 2 | | (1) Employees who have been appointed as a result of having | 3 | | passed
examinations in existing merit systems, and who have | 4 | | satisfactorily passed
their probationary period, or who have | 5 | | been promoted in accordance with the
rules thereunder, shall be | 6 | | continued without further examination, but shall
be otherwise | 7 | | subject to the provisions of this Act and the rules made
| 8 | | pursuant to it.
| 9 | | (2) All other such employees shall be continued in their | 10 | | respective
positions if they pass a qualifying examination | 11 | | prescribed by the Director
prior to October 1, 1958, and | 12 | | satisfactorily complete their respective
probationary periods. | 13 | | Employees in federally aided programs, which on July
1, 1956, | 14 | | were subject to Federal merit system standards, who have not | 15 | | been
appointed from registers established as result of merit | 16 | | system examinations
shall qualify through open competitive | 17 | | examinations for their positions and
certification from the | 18 | | resulting registers. Those who fail to qualify as
provided | 19 | | herein shall be dismissed from their positions. Nothing herein
| 20 | | precludes the reclassification or reallocation as provided by | 21 | | this Act of
any position held by any such incumbent.
| 22 | | (Source: P.A. 76-628.)
| 23 | | (20 ILCS 415/26 new) | 24 | | Sec. 26. Rutan-exempt hiring reform implementation. The | 25 | | provisions of this Code do not apply to actions taken under the |
| | | 09900SB0981sam001 | - 59 - | LRB099 05535 JLK 34145 a |
|
| 1 | | authority of Section 29 of the Illinois Public Labor Relations | 2 | | Act. | 3 | | Section 97. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
|
|