(50 ILCS 742/10)
(a) This Act shall apply to all positions in an affected department, except
those specifically excluded in items (i), (ii), (iii), (iv), and (v) of the
definition of "promotion" in Section 5 unless such positions are covered by a
collective bargaining agreement in force on the effective date of this Act.
Existing promotion lists shall continue to be valid until their expiration
dates, or up to a maximum of 3 years after the effective date of this Act.
(b) Notwithstanding any statute, ordinance, rule, or other laws to the
contrary, all promotions in an affected department to which this Act applies
shall be administered in the manner provided for in this Act. Provisions of the
Illinois Municipal Code, the Fire Protection District Act, municipal
ordinances, or rules adopted pursuant to such authority and other laws
relating to promotions in affected departments shall continue to apply to the
extent they are compatible with this Act, but in the event of conflict between
this Act and any other law, this Act shall control.
(c) A home rule or non-home rule municipality may not administer its fire
department promotion process in a manner that is inconsistent with this Act.
This Section is a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home rule units of
the powers and functions exercised by the State.
(d) This Act is intended to serve as a minimum standard and shall be
construed to authorize and not to limit:
(1) An appointing authority from establishing
different or supplemental promotional criteria or components, provided that the criteria are job-related and applied uniformly.
(2) The right of an exclusive bargaining
representative to require an employer to negotiate clauses within a collective bargaining agreement relating to conditions, criteria, or procedures for the promotion of employees to ranks, as defined in Section 5, covered by this Act.
(3) The negotiation by an employer and an exclusive
bargaining representative of provisions within a collective bargaining agreement to achieve affirmative action objectives, provided that such clauses are consistent with applicable law.
(e) Local authorities and exclusive bargaining agents affected by this
Act may agree to waive one or more of its provisions and bargain on the
contents of those provisions, provided that any such waivers shall be
permissive subjects of bargaining.
(Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.)