Rep. Kathleen Willis

Filed: 4/17/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 126

2    AMENDMENT NO. ______. Amend House Bill 126 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.

 

 

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1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8    (d) "Craft employees" means skilled journeymen, crafts
9persons, and their apprentices and helpers.
10    (e) "Essential services employees" means those public
11employees performing functions so essential that the
12interruption or termination of the function will constitute a
13clear and present danger to the health and safety of the
14persons in the affected community.
15    (f) "Exclusive representative", except with respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Department of State Police,
19means the labor organization that has been (i) designated by
20the Board as the representative of a majority of public
21employees in an appropriate bargaining unit in accordance with
22the procedures contained in this Act, (ii) historically
23recognized by the State of Illinois or any political
24subdivision of the State before July 1, 1984 (the effective
25date of this Act) as the exclusive representative of the
26employees in an appropriate bargaining unit, (iii) after July

 

 

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11, 1984 (the effective date of this Act) recognized by an
2employer upon evidence, acceptable to the Board, that the labor
3organization has been designated as the exclusive
4representative by a majority of the employees in an appropriate
5bargaining unit; (iv) recognized as the exclusive
6representative of personal assistants under Executive Order
72003-8 prior to the effective date of this amendatory Act of
8the 93rd General Assembly, and the organization shall be
9considered to be the exclusive representative of the personal
10assistants as defined in this Section; or (v) recognized as the
11exclusive representative of child and day care home providers,
12including licensed and license exempt providers, pursuant to an
13election held under Executive Order 2005-1 prior to the
14effective date of this amendatory Act of the 94th General
15Assembly, and the organization shall be considered to be the
16exclusive representative of the child and day care home
17providers as defined in this Section.
18    With respect to non-State fire fighters and paramedics
19employed by fire departments and fire protection districts,
20non-State peace officers, and peace officers in the Department
21of State Police, "exclusive representative" means the labor
22organization that has been (i) designated by the Board as the
23representative of a majority of peace officers or fire fighters
24in an appropriate bargaining unit in accordance with the
25procedures contained in this Act, (ii) historically recognized
26by the State of Illinois or any political subdivision of the

 

 

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

 

 

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

 

 

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1Leader of the Senate, the Joint Committee on Legislative
2Support Services and any legislative support services agency
3listed in the Legislative Commission Reorganization Act of
41984.
5    (h) "Governing body" means, in the case of the State, the
6State Panel of the Illinois Labor Relations Board, the Director
7of the Department of Central Management Services, and the
8Director of the Department of Labor; the county board in the
9case of a county; the corporate authorities in the case of a
10municipality; and the appropriate body authorized to provide
11for expenditures of its funds in the case of any other unit of
12government.
13    (i) "Labor organization" means any organization in which
14public employees participate and that exists for the purpose,
15in whole or in part, of dealing with a public employer
16concerning wages, hours, and other terms and conditions of
17employment, including the settlement of grievances.
18    (i-5) "Legislative liaison" means a person who is an
19employee of a State agency, the Attorney General, the Secretary
20of State, the Comptroller, or the Treasurer, as the case may
21be, and whose job duties require the person to regularly
22communicate in the course of his or her employment with any
23official or staff of the General Assembly of the State of
24Illinois for the purpose of influencing any legislative action.
25    (j) "Managerial employee" means an individual who is
26engaged predominantly in executive and management functions

 

 

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1and is charged with the responsibility of directing the
2effectuation of management policies and practices. With
3respect only to State employees in positions under the
4jurisdiction of the Attorney General, Secretary of State,
5Comptroller, or Treasurer (i) that were certified in a
6bargaining unit on or after December 2, 2008, (ii) for which a
7petition is filed with the Illinois Public Labor Relations
8Board on or after April 5, 2013 (the effective date of Public
9Act 97-1172), or (iii) for which a petition is pending before
10the Illinois Public Labor Relations Board on that date,
11"managerial employee" means an individual who is engaged in
12executive and management functions or who is charged with the
13effectuation of management policies and practices or who
14represents management interests by taking or recommending
15discretionary actions that effectively control or implement
16policy. Nothing in this definition prohibits an individual from
17also meeting the definition of "supervisor" under subsection
18(r) of this Section.
19    (k) "Peace officer" means, for the purposes of this Act
20only, any persons who have been or are hereafter appointed to a
21police force, department, or agency and sworn or commissioned
22to perform police duties, except that the following persons are
23not included: part-time police officers, special police
24officers, auxiliary police as defined by Section 3.1-30-20 of
25the Illinois Municipal Code, night watchmen, "merchant
26police", court security officers as defined by Section 3-6012.1

 

 

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

 

 

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1acquired by a prolonged course of specialized intellectual
2instruction and study in an institution of higher learning or a
3hospital, as distinguished from a general academic education or
4from apprenticeship or from training in the performance of
5routine mental, manual, or physical processes; or any employee
6who has completed the courses of specialized intellectual
7instruction and study prescribed in this subsection (m) and is
8performing related work under the supervision of a professional
9person to qualify to become a professional employee as defined
10in this subsection (m).
11    (n) "Public employee" or "employee", for the purposes of
12this Act, means any individual employed by a public employer,
13including (i) interns and residents at public hospitals, (ii)
14as of the effective date of this amendatory Act of the 93rd
15General Assembly, but not before, personal assistants working
16under the Home Services Program under Section 3 of the
17Rehabilitation of Persons with Disabilities Act, subject to the
18limitations set forth in this Act and in the Rehabilitation of
19Persons with Disabilities Act, (iii) as of the effective date
20of this amendatory Act of the 94th General Assembly, but not
21before, child and day care home providers participating in the
22child care assistance program under Section 9A-11 of the
23Illinois Public Aid Code, subject to the limitations set forth
24in this Act and in Section 9A-11 of the Illinois Public Aid
25Code, (iv) as of January 29, 2013 (the effective date of Public
26Act 97-1158), but not before except as otherwise provided in

 

 

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1this subsection (n), home care and home health workers who
2function as personal assistants and individual maintenance
3home health workers and who also work under the Home Services
4Program under Section 3 of the Rehabilitation of Persons with
5Disabilities Act, no matter whether the State provides those
6services through direct fee-for-service arrangements, with the
7assistance of a managed care organization or other
8intermediary, or otherwise, (v) beginning on the effective date
9of this amendatory Act of the 98th General Assembly and
10notwithstanding any other provision of this Act, any person
11employed by a public employer and who is classified as or who
12holds the employment title of Chief Stationary Engineer,
13Assistant Chief Stationary Engineer, Sewage Plant Operator,
14Water Plant Operator, Stationary Engineer, Plant Operating
15Engineer, and any other employee who holds the position of:
16Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
17Technical Manager I, Technical Manager II, Technical Manager
18III, Technical Manager IV, Technical Manager V, Technical
19Manager VI, Realty Specialist III, Realty Specialist IV, Realty
20Specialist V, Technical Advisor I, Technical Advisor II,
21Technical Advisor III, Technical Advisor IV, or Technical
22Advisor V employed by the Department of Transportation who is
23in a position which is certified in a bargaining unit on or
24before the effective date of this amendatory Act of the 98th
25General Assembly, and (vi) beginning on the effective date of
26this amendatory Act of the 98th General Assembly and

 

 

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

 

 

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

 

 

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1or after April 5, 2013 (the effective date of Public Act
297-1172); a person who is a State employee under the
3jurisdiction of the Treasurer who holds a position that is
4exempt from the State Treasurer Employment Code; any employee
5of a State agency who (i) holds the title or position of, or
6exercises substantially similar duties as a legislative
7liaison, Agency General Counsel, Agency Chief of Staff, Agency
8Executive Director, Agency Deputy Director, Agency Chief
9Fiscal Officer, Agency Human Resources Director, Public
10Information Officer, or Chief Information Officer and (ii) was
11neither included in a bargaining unit nor subject to an active
12petition for certification in a bargaining unit; any employee
13of a State agency who (i) is in a position that is
14Rutan-exempt, as designated by the employer, and completely
15exempt from jurisdiction B of the Personnel Code and (ii) was
16neither included in a bargaining unit nor subject to an active
17petition for certification in a bargaining unit; any term
18appointed employee of a State agency pursuant to Section 8b.18
19or 8b.19 of the Personnel Code who was neither included in a
20bargaining unit nor subject to an active petition for
21certification in a bargaining unit; any employment position
22properly designated pursuant to Section 6.1 of this Act;
23confidential employees; independent contractors; and
24supervisors except as provided in this Act.
25    Home care and home health workers who function as personal
26assistants and individual maintenance home health workers and

 

 

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1who also work under the Home Services Program under Section 3
2of the Rehabilitation of Persons with Disabilities Act shall
3not be considered public employees for any purposes not
4specifically provided for in Public Act 93-204 or Public Act
597-1158, including but not limited to, purposes of vicarious
6liability in tort and purposes of statutory retirement or
7health insurance benefits. Home care and home health workers
8who function as personal assistants and individual maintenance
9home health workers and who also work under the Home Services
10Program under Section 3 of the Rehabilitation of Persons with
11Disabilities Act shall not be covered by the State Employees
12Group Insurance Act of 1971 (5 ILCS 375/).
13    Child and day care home providers shall not be considered
14public employees for any purposes not specifically provided for
15in this amendatory Act of the 94th General Assembly, including
16but not limited to, purposes of vicarious liability in tort and
17purposes of statutory retirement or health insurance benefits.
18Child and day care home providers shall not be covered by the
19State Employees Group Insurance Act of 1971.
20    Notwithstanding Section 9, subsection (c), or any other
21provisions of this Act, all peace officers above the rank of
22captain in municipalities with more than 1,000,000 inhabitants
23shall be excluded from this Act.
24    (o) Except as otherwise in subsection (o-5), "public
25employer" or "employer" means the State of Illinois; any
26political subdivision of the State, unit of local government or

 

 

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1school district; authorities including departments, divisions,
2bureaus, boards, commissions, or other agencies of the
3foregoing entities; and any person acting within the scope of
4his or her authority, express or implied, on behalf of those
5entities in dealing with its employees. As of the effective
6date of the amendatory Act of the 93rd General Assembly, but
7not before, the State of Illinois shall be considered the
8employer of the personal assistants working under the Home
9Services Program under Section 3 of the Rehabilitation of
10Persons with Disabilities Act, subject to the limitations set
11forth in this Act and in the Rehabilitation of Persons with
12Disabilities Act. As of January 29, 2013 (the effective date of
13Public Act 97-1158), but not before except as otherwise
14provided in this subsection (o), the State shall be considered
15the employer of home care and home health workers who function
16as personal assistants and individual maintenance home health
17workers and who also work under the Home Services Program under
18Section 3 of the Rehabilitation of Persons with Disabilities
19Act, no matter whether the State provides those services
20through direct fee-for-service arrangements, with the
21assistance of a managed care organization or other
22intermediary, or otherwise, but subject to the limitations set
23forth in this Act and the Rehabilitation of Persons with
24Disabilities Act. The State shall not be considered to be the
25employer of home care and home health workers who function as
26personal assistants and individual maintenance home health

 

 

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

 

 

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1however, does not mean and shall not include the General
2Assembly of the State of Illinois, the Executive Ethics
3Commission, the Offices of the Executive Inspectors General,
4the Legislative Ethics Commission, the Office of the
5Legislative Inspector General, the Office of the Auditor
6General's Inspector General, the Office of the Governor, the
7Governor's Office of Management and Budget, the Illinois
8Finance Authority, the Office of the Lieutenant Governor, the
9State Board of Elections, and educational employers or
10employers as defined in the Illinois Educational Labor
11Relations Act, except with respect to a state university in its
12employment of firefighters and peace officers and except with
13respect to a school district in the employment of peace
14officers in its own police department in existence on the
15effective date of this amendatory Act of the 96th General
16Assembly. County boards and county sheriffs shall be designated
17as joint or co-employers of county peace officers appointed
18under the authority of a county sheriff. Nothing in this
19subsection (o) shall be construed to prevent the State Panel or
20the Local Panel from determining that employers are joint or
21co-employers.
22    (o-5) With respect to wages, fringe benefits, hours,
23holidays, vacations, proficiency examinations, sick leave, and
24other conditions of employment, the public employer of public
25employees who are court reporters, as defined in the Court
26Reporters Act, shall be determined as follows:

 

 

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1        (1) For court reporters employed by the Cook County
2    Judicial Circuit, the chief judge of the Cook County
3    Circuit Court is the public employer and employer
4    representative.
5        (2) For court reporters employed by the 12th, 18th,
6    19th, and, on and after December 4, 2006, the 22nd judicial
7    circuits, a group consisting of the chief judges of those
8    circuits, acting jointly by majority vote, is the public
9    employer and employer representative.
10        (3) For court reporters employed by all other judicial
11    circuits, a group consisting of the chief judges of those
12    circuits, acting jointly by majority vote, is the public
13    employer and employer representative.
14    (p) "Security employee" means an employee who is
15responsible for the supervision and control of inmates at
16correctional facilities. The term also includes other
17non-security employees in bargaining units having the majority
18of employees being responsible for the supervision and control
19of inmates at correctional facilities.
20    (q) "Short-term employee" means an employee who is employed
21for less than 2 consecutive calendar quarters during a calendar
22year and who does not have a reasonable assurance that he or
23she will be rehired by the same employer for the same service
24in a subsequent calendar year.
25    (q-5) "State agency" means an agency directly responsible
26to the Governor, as defined in Section 3.1 of the Executive

 

 

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1Reorganization Implementation Act, and the Illinois Commerce
2Commission, the Illinois Workers' Compensation Commission, the
3Civil Service Commission, the Pollution Control Board, the
4Illinois Racing Board, and the Department of State Police Merit
5Board.
6    (r) "Supervisor" is:
7        (1) An employee whose principal work is substantially
8    different from that of his or her subordinates and who has
9    authority, in the interest of the employer, to hire,
10    transfer, suspend, lay off, recall, promote, discharge,
11    direct, reward, or discipline employees, to adjust their
12    grievances, or to effectively recommend any of those
13    actions, if the exercise of that authority is not of a
14    merely routine or clerical nature, but requires the
15    consistent use of independent judgment. Except with
16    respect to police employment, the term "supervisor"
17    includes only those individuals who devote a preponderance
18    of their employment time to exercising that authority,
19    State supervisors notwithstanding. Nothing in this
20    definition prohibits an individual from also meeting the
21    definition of "managerial employee" under subsection (j)
22    of this Section. In addition, in determining supervisory
23    status in police employment, rank shall not be
24    determinative. The Board shall consider, as evidence of
25    bargaining unit inclusion or exclusion, the common law
26    enforcement policies and relationships between police

 

 

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1    officer ranks and certification under applicable civil
2    service law, ordinances, personnel codes, or Division 2.1
3    of Article 10 of the Illinois Municipal Code, but these
4    factors shall not be the sole or predominant factors
5    considered by the Board in determining police supervisory
6    status.
7        Notwithstanding the provisions of the preceding
8    paragraph, in determining supervisory status in fire
9    fighter employment, no fire fighter shall be excluded as a
10    supervisor who has established representation rights under
11    Section 9 of this Act. Further, in new fire fighter units,
12    employees shall consist of fire fighters of the rank of
13    company officer and below. If a company officer otherwise
14    qualifies as a supervisor under the preceding paragraph,
15    however, he or she shall not be included in the fire
16    fighter unit. If there is no rank between that of chief and
17    the highest company officer, the employer may designate a
18    position on each shift as a Shift Commander, and the
19    persons occupying those positions shall be supervisors.
20    All other ranks above that of company officer shall be
21    supervisors.
22        (2) With respect only to State employees in positions
23    under the jurisdiction of the Attorney General, Secretary
24    of State, Comptroller, or Treasurer (i) that were certified
25    in a bargaining unit on or after December 2, 2008, (ii) for
26    which a petition is filed with the Illinois Public Labor

 

 

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1    Relations Board on or after April 5, 2013 (the effective
2    date of Public Act 97-1172), or (iii) for which a petition
3    is pending before the Illinois Public Labor Relations Board
4    on that date, an employee who qualifies as a supervisor
5    under (A) Section 152 of the National Labor Relations Act
6    and (B) orders of the National Labor Relations Board
7    interpreting that provision or decisions of courts
8    reviewing decisions of the National Labor Relations Board.
9    (s)(1) "Unit" means a class of jobs or positions that are
10held by employees whose collective interests may suitably be
11represented by a labor organization for collective bargaining.
12Except with respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, a bargaining unit determined by the Board
16shall not include both employees and supervisors, or
17supervisors only, except as provided in paragraph (2) of this
18subsection (s) and except for bargaining units in existence on
19July 1, 1984 (the effective date of this Act). With respect to
20non-State fire fighters and paramedics employed by fire
21departments and fire protection districts, non-State peace
22officers, and peace officers in the Department of State Police,
23a bargaining unit determined by the Board shall not include
24both supervisors and nonsupervisors, or supervisors only,
25except as provided in paragraph (2) of this subsection (s) and
26except for bargaining units in existence on January 1, 1986

 

 

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1(the effective date of this amendatory Act of 1985). A
2bargaining unit determined by the Board to contain peace
3officers shall contain no employees other than peace officers
4unless otherwise agreed to by the employer and the labor
5organization or labor organizations involved. Notwithstanding
6any other provision of this Act, a bargaining unit, including a
7historical bargaining unit, containing sworn peace officers of
8the Department of Natural Resources (formerly designated the
9Department of Conservation) shall contain no employees other
10than such sworn peace officers upon the effective date of this
11amendatory Act of 1990 or upon the expiration date of any
12collective bargaining agreement in effect upon the effective
13date of this amendatory Act of 1990 covering both such sworn
14peace officers and other employees.
15    (2) Notwithstanding the exclusion of supervisors from
16bargaining units as provided in paragraph (1) of this
17subsection (s), a public employer may agree to permit its
18supervisory employees to form bargaining units and may bargain
19with those units. This Act shall apply if the public employer
20chooses to bargain under this subsection.
21    (3) Public employees who are court reporters, as defined in
22the Court Reporters Act, shall be divided into 3 units for
23collective bargaining purposes. One unit shall be court
24reporters employed by the Cook County Judicial Circuit; one
25unit shall be court reporters employed by the 12th, 18th, 19th,
26and, on and after December 4, 2006, the 22nd judicial circuits;

 

 

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1and one unit shall be court reporters employed by all other
2judicial circuits.
3    (t) "Active petition for certification in a bargaining
4unit" means a petition for certification filed with the Board
5under one of the following case numbers: S-RC-11-110;
6S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
7S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
8S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
9S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
10S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
11S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
12S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
13S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
14S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
15S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
16S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
17S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
18S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
19S-RC-07-100.
20(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
2199-143, eff. 7-27-15.)
 
22    Section 10. The Public Employee Disability Act is amended
23by changing Section 1 as follows:
 
24    (5 ILCS 345/1)  (from Ch. 70, par. 91)

 

 

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1    Sec. 1. Disability benefit.
2    (a) For the purposes of this Section, "eligible employee"
3means any part-time or full-time State correctional officer or
4any other full or part-time employee of the Department of
5Corrections, any full or part-time employee of the Prisoner
6Review Board, any full or part-time employee of the Department
7of Human Services working within a penal institution or a State
8mental health or developmental disabilities facility operated
9by the Department of Human Services, and any full-time law
10enforcement officer or full-time firefighter, including a
11firefighter employed as a paramedic or who performs paramedic
12duties, who is employed by the State of Illinois, any unit of
13local government (including any home rule unit), any State
14supported college or university, or any other public entity
15granted the power to employ persons for such purposes by law.
16    (b) Whenever an eligible employee suffers any injury in the
17line of duty which causes him to be unable to perform his
18duties, he shall continue to be paid by the employing public
19entity on the same basis as he was paid before the injury, with
20no deduction from his sick leave credits, compensatory time for
21overtime accumulations or vacation, or service credits in a
22public employee pension fund during the time he is unable to
23perform his duties due to the result of the injury, but not
24longer than one year in relation to the same injury. However,
25no injury to an employee of the Department of Corrections or
26the Prisoner Review Board working within a penal institution or

 

 

10000HB0126ham001- 25 -LRB100 01789 RJF 38587 a

1an employee of the Department of Human Services working within
2a departmental mental health or developmental disabilities
3facility shall qualify the employee for benefits under this
4Section unless the injury is the direct or indirect result of
5violence by inmates of the penal institution or residents of
6the mental health or developmental disabilities facility.
7    (c) At any time during the period for which continuing
8compensation is required by this Act, the employing public
9entity may order at the expense of that entity physical or
10medical examinations of the injured person to determine the
11degree of disability.
12    (d) During this period of disability, the injured person
13shall not be employed in any other manner, with or without
14monetary compensation. Any person who is employed in violation
15of this paragraph forfeits the continuing compensation
16provided by this Act from the time such employment begins. Any
17salary compensation due the injured person from workers'
18compensation or any salary due him from any type of insurance
19which may be carried by the employing public entity shall
20revert to that entity during the time for which continuing
21compensation is paid to him under this Act. Any person with a
22disability receiving compensation under the provisions of this
23Act shall not be entitled to any benefits for which he would
24qualify because of his disability under the provisions of the
25Illinois Pension Code.
26    (e) Any employee of the State of Illinois, as defined in

 

 

10000HB0126ham001- 26 -LRB100 01789 RJF 38587 a

1Section 14-103.05 of the Illinois Pension Code, who becomes
2permanently unable to perform the duties of such employment due
3to an injury received in the active performance of his duties
4as a State employee as a result of a willful act of violence by
5another employee of the State of Illinois, as so defined,
6committed during such other employee's course of employment and
7after January 1, 1988, shall be eligible for benefits pursuant
8to the provisions of this Section. For purposes of this
9Section, permanent disability is defined as a diagnosis or
10prognosis of an inability to return to current job duties by a
11physician licensed to practice medicine in all of its branches.
12    (f) The compensation and other benefits provided to
13part-time employees covered by this Section shall be calculated
14based on the percentage of time the part-time employee was
15scheduled to work pursuant to his or her status as a part-time
16employee.
17    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
18Article VII of the Illinois Constitution, this Act specifically
19denies and limits the exercise by home rule units of any power
20which is inconsistent herewith, and all existing laws and
21ordinances which are inconsistent herewith are hereby
22superseded. This Act does not preempt the concurrent exercise
23by home rule units of powers consistent herewith.
24    This Act does not apply to any home rule unit with a
25population of over 1,000,000.
26    (h) In those cases where the injury to a State employee for

 

 

10000HB0126ham001- 27 -LRB100 01789 RJF 38587 a

1which a benefit is payable under this Act was caused under
2circumstances creating a legal liability for damages on the
3part of some person other than the State employer, all of the
4rights and privileges, including the right to notice of suit
5brought against such other person and the right to commence or
6join in such suit, as given the employer, together with the
7conditions or obligations imposed under paragraph (b) of
8Section 5 of the Workers' Compensation Act, are also given and
9granted to the State, to the end that, with respect to State
10employees only, the State may be paid or reimbursed for the
11amount of benefit paid or to be paid by the State to the
12injured employee or his or her personal representative out of
13any judgment, settlement, or payment for such injury obtained
14by such injured employee or his or her personal representative
15from such other person by virtue of the injury.
16(Source: P.A. 99-143, eff. 7-27-15.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".