100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3219

 

Introduced , by Rep. Steven A. Andersson

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/9  from Ch. 48, par. 1609
5 ILCS 315/21  from Ch. 48, par. 1621
115 ILCS 5/2  from Ch. 48, par. 1702
115 ILCS 5/7  from Ch. 48, par. 1707
115 ILCS 5/8  from Ch. 48, par. 1708

    Amends the Illinois Public Labor Relations Act. Provides that beginning not less than 2 years, but no more than 3 years, after the effective date of this amendatory Act, and for every even-numbered year thereafter, the Illinois Labor Relations Board shall conduct an election to certify the majority representative of the employees as the exclusive bargaining representative for the unit of employees. Provides further procedures and certification requirements for an election to select an exclusive bargaining representative. Provides that an election may be directed by the Board in any bargaining unit where there is in force a valid collective bargaining agreement, but requires that the terms of any pre-existing agreement between the prior exclusive representative and the public employer shall continue in effect for the remaining contract term, except for certain provisions involving the exclusive representative. Provides that no multi-year collective bargaining agreement entered into after the effective date of this amendatory Act shall be longer than 5 years in duration. Removes provisions allowing the board to designate an exclusive representative by means other than an election. Amends the Illinois Educational Labor Relations Act to make similar changes. Modifies the term "exclusive representative". Makes other conforming changes.


LRB100 11323 RJF 21694 b

 

 

A BILL FOR

 

HB3219LRB100 11323 RJF 21694 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 9, and 21 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been: (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act; , (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iii) (iv) recognized as the exclusive
25representative of personal assistants under Executive Order
262003-8 prior to the effective date of this amendatory Act of

 

 

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1the 93rd General Assembly, and the organization shall be
2considered to be the exclusive representative of the personal
3assistants as defined in this Section; or (iv) (v) recognized
4as the exclusive representative of child and day care home
5providers, including licensed and license exempt providers,
6pursuant to an election held under Executive Order 2005-1 prior
7to the effective date of this amendatory Act of the 94th
8General Assembly, and the organization shall be considered to
9be the exclusive representative of the child and day care home
10providers as defined in this Section.
11    With respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Department
14of State Police, "exclusive representative" means the labor
15organization that has been (i) designated by the Board as the
16representative of a majority of peace officers or fire fighters
17in an appropriate bargaining unit in accordance with the
18procedures contained in this Act, (ii) historically recognized
19by the State of Illinois or any political subdivision of the
20State before January 1, 1986 (the effective date of this
21amendatory Act of 1985) as the exclusive representative by a
22majority of the peace officers or fire fighters in an
23appropriate bargaining unit, or (iii) after January 1, 1986
24(the effective date of this amendatory Act of 1985) recognized
25by an employer upon evidence, acceptable to the Board, that the
26labor organization has been designated as the exclusive

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit.
3    Where a historical pattern of representation exists for the
4workers of a water system that was owned by a public utility,
5as defined in Section 3-105 of the Public Utilities Act, prior
6to becoming certified employees of a municipality or
7municipalities once the municipality or municipalities have
8acquired the water system as authorized in Section 11-124-5 of
9the Illinois Municipal Code, the Board shall find the labor
10organization that has historically represented the workers to
11be the exclusive representative under this Act, and shall find
12the unit represented by the exclusive representative to be the
13appropriate unit.
14    (g) "Fair share agreement" means an agreement between the
15employer and an employee organization under which all or any of
16the employees in a collective bargaining unit are required to
17pay their proportionate share of the costs of the collective
18bargaining process, contract administration, and pursuing
19matters affecting wages, hours, and other conditions of
20employment, but not to exceed the amount of dues uniformly
21required of members. The amount certified by the exclusive
22representative shall not include any fees for contributions
23related to the election or support of any candidate for
24political office. Nothing in this subsection (g) shall preclude
25an employee from making voluntary political contributions in
26conjunction with his or her fair share payment.

 

 

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1    (g-1) "Fire fighter" means, for the purposes of this Act
2only, any person who has been or is hereafter appointed to a
3fire department or fire protection district or employed by a
4state university and sworn or commissioned to perform fire
5fighter duties or paramedic duties, except that the following
6persons are not included: part-time fire fighters, auxiliary,
7reserve or voluntary fire fighters, including paid on-call fire
8fighters, clerks and dispatchers or other civilian employees of
9a fire department or fire protection district who are not
10routinely expected to perform fire fighter duties, or elected
11officials.
12    (g-2) "General Assembly of the State of Illinois" means the
13legislative branch of the government of the State of Illinois,
14as provided for under Article IV of the Constitution of the
15State of Illinois, and includes but is not limited to the House
16of Representatives, the Senate, the Speaker of the House of
17Representatives, the Minority Leader of the House of
18Representatives, the President of the Senate, the Minority
19Leader of the Senate, the Joint Committee on Legislative
20Support Services and any legislative support services agency
21listed in the Legislative Commission Reorganization Act of
221984.
23    (h) "Governing body" means, in the case of the State, the
24State Panel of the Illinois Labor Relations Board, the Director
25of the Department of Central Management Services, and the
26Director of the Department of Labor; the county board in the

 

 

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1case of a county; the corporate authorities in the case of a
2municipality; and the appropriate body authorized to provide
3for expenditures of its funds in the case of any other unit of
4government.
5    (i) "Labor organization" means any organization in which
6public employees participate and that exists for the purpose,
7in whole or in part, of dealing with a public employer
8concerning wages, hours, and other terms and conditions of
9employment, including the settlement of grievances.
10    (i-5) "Legislative liaison" means a person who is an
11employee of a State agency, the Attorney General, the Secretary
12of State, the Comptroller, or the Treasurer, as the case may
13be, and whose job duties require the person to regularly
14communicate in the course of his or her employment with any
15official or staff of the General Assembly of the State of
16Illinois for the purpose of influencing any legislative action.
17    (j) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of management policies and practices. With
21respect only to State employees in positions under the
22jurisdiction of the Attorney General, Secretary of State,
23Comptroller, or Treasurer (i) that were certified in a
24bargaining unit on or after December 2, 2008, (ii) for which a
25petition is filed with the Illinois Public Labor Relations
26Board on or after April 5, 2013 (the effective date of Public

 

 

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1Act 97-1172), or (iii) for which a petition is pending before
2the Illinois Public Labor Relations Board on that date,
3"managerial employee" means an individual who is engaged in
4executive and management functions or who is charged with the
5effectuation of management policies and practices or who
6represents management interests by taking or recommending
7discretionary actions that effectively control or implement
8policy. Nothing in this definition prohibits an individual from
9also meeting the definition of "supervisor" under subsection
10(r) of this Section.
11    (k) "Peace officer" means, for the purposes of this Act
12only, any persons who have been or are hereafter appointed to a
13police force, department, or agency and sworn or commissioned
14to perform police duties, except that the following persons are
15not included: part-time police officers, special police
16officers, auxiliary police as defined by Section 3.1-30-20 of
17the Illinois Municipal Code, night watchmen, "merchant
18police", court security officers as defined by Section 3-6012.1
19of the Counties Code, temporary employees, traffic guards or
20wardens, civilian parking meter and parking facilities
21personnel or other individuals specially appointed to aid or
22direct traffic at or near schools or public functions or to aid
23in civil defense or disaster, parking enforcement employees who
24are not commissioned as peace officers and who are not armed
25and who are not routinely expected to effect arrests, parking
26lot attendants, clerks and dispatchers or other civilian

 

 

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1employees of a police department who are not routinely expected
2to effect arrests, or elected officials.
3    (l) "Person" includes one or more individuals, labor
4organizations, public employees, associations, corporations,
5legal representatives, trustees, trustees in bankruptcy,
6receivers, or the State of Illinois or any political
7subdivision of the State or governing body, but does not
8include the General Assembly of the State of Illinois or any
9individual employed by the General Assembly of the State of
10Illinois.
11    (m) "Professional employee" means any employee engaged in
12work predominantly intellectual and varied in character rather
13than routine mental, manual, mechanical or physical work;
14involving the consistent exercise of discretion and adjustment
15in its performance; of such a character that the output
16produced or the result accomplished cannot be standardized in
17relation to a given period of time; and requiring advanced
18knowledge in a field of science or learning customarily
19acquired by a prolonged course of specialized intellectual
20instruction and study in an institution of higher learning or a
21hospital, as distinguished from a general academic education or
22from apprenticeship or from training in the performance of
23routine mental, manual, or physical processes; or any employee
24who has completed the courses of specialized intellectual
25instruction and study prescribed in this subsection (m) and is
26performing related work under the supervision of a professional

 

 

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1person to qualify to become a professional employee as defined
2in this subsection (m).
3    (n) "Public employee" or "employee", for the purposes of
4this Act, means any individual employed by a public employer,
5including (i) interns and residents at public hospitals, (ii)
6as of the effective date of this amendatory Act of the 93rd
7General Assembly, but not before, personal assistants working
8under the Home Services Program under Section 3 of the
9Rehabilitation of Persons with Disabilities Act, subject to the
10limitations set forth in this Act and in the Rehabilitation of
11Persons with Disabilities Act, (iii) as of the effective date
12of this amendatory Act of the 94th General Assembly, but not
13before, child and day care home providers participating in the
14child care assistance program under Section 9A-11 of the
15Illinois Public Aid Code, subject to the limitations set forth
16in this Act and in Section 9A-11 of the Illinois Public Aid
17Code, (iv) as of January 29, 2013 (the effective date of Public
18Act 97-1158), but not before except as otherwise provided in
19this subsection (n), home care and home health workers who
20function as personal assistants and individual maintenance
21home health workers and who also work under the Home Services
22Program under Section 3 of the Rehabilitation of Persons with
23Disabilities Act, no matter whether the State provides those
24services through direct fee-for-service arrangements, with the
25assistance of a managed care organization or other
26intermediary, or otherwise, (v) beginning on the effective date

 

 

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1of this amendatory Act of the 98th General Assembly and
2notwithstanding any other provision of this Act, any person
3employed by a public employer and who is classified as or who
4holds the employment title of Chief Stationary Engineer,
5Assistant Chief Stationary Engineer, Sewage Plant Operator,
6Water Plant Operator, Stationary Engineer, Plant Operating
7Engineer, and any other employee who holds the position of:
8Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
9Technical Manager I, Technical Manager II, Technical Manager
10III, Technical Manager IV, Technical Manager V, Technical
11Manager VI, Realty Specialist III, Realty Specialist IV, Realty
12Specialist V, Technical Advisor I, Technical Advisor II,
13Technical Advisor III, Technical Advisor IV, or Technical
14Advisor V employed by the Department of Transportation who is
15in a position which is certified in a bargaining unit on or
16before the effective date of this amendatory Act of the 98th
17General Assembly, and (vi) beginning on the effective date of
18this amendatory Act of the 98th General Assembly and
19notwithstanding any other provision of this Act, any mental
20health administrator in the Department of Corrections who is
21classified as or who holds the position of Public Service
22Administrator (Option 8K), any employee of the Office of the
23Inspector General in the Department of Human Services who is
24classified as or who holds the position of Public Service
25Administrator (Option 7), any Deputy of Intelligence in the
26Department of Corrections who is classified as or who holds the

 

 

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1position of Public Service Administrator (Option 7), and any
2employee of the Department of State Police who handles issues
3concerning the Illinois State Police Sex Offender Registry and
4who is classified as or holds the position of Public Service
5Administrator (Option 7), but excluding all of the following:
6employees of the General Assembly of the State of Illinois;
7elected officials; executive heads of a department; members of
8boards or commissions; the Executive Inspectors General; any
9special Executive Inspectors General; employees of each Office
10of an Executive Inspector General; commissioners and employees
11of the Executive Ethics Commission; the Auditor General's
12Inspector General; employees of the Office of the Auditor
13General's Inspector General; the Legislative Inspector
14General; any special Legislative Inspectors General; employees
15of the Office of the Legislative Inspector General;
16commissioners and employees of the Legislative Ethics
17Commission; employees of any agency, board or commission
18created by this Act; employees appointed to State positions of
19a temporary or emergency nature; all employees of school
20districts and higher education institutions except
21firefighters and peace officers employed by a state university
22and except peace officers employed by a school district in its
23own police department in existence on the effective date of
24this amendatory Act of the 96th General Assembly; managerial
25employees; short-term employees; legislative liaisons; a
26person who is a State employee under the jurisdiction of the

 

 

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1Office of the Attorney General who is licensed to practice law
2or whose position authorizes, either directly or indirectly,
3meaningful input into government decision-making on issues
4where there is room for principled disagreement on goals or
5their implementation; a person who is a State employee under
6the jurisdiction of the Office of the Comptroller who holds the
7position of Public Service Administrator or whose position is
8otherwise exempt under the Comptroller Merit Employment Code; a
9person who is a State employee under the jurisdiction of the
10Secretary of State who holds the position classification of
11Executive I or higher, whose position authorizes, either
12directly or indirectly, meaningful input into government
13decision-making on issues where there is room for principled
14disagreement on goals or their implementation, or who is
15otherwise exempt under the Secretary of State Merit Employment
16Code; employees in the Office of the Secretary of State who are
17completely exempt from jurisdiction B of the Secretary of State
18Merit Employment Code and who are in Rutan-exempt positions on
19or after April 5, 2013 (the effective date of Public Act
2097-1172); a person who is a State employee under the
21jurisdiction of the Treasurer who holds a position that is
22exempt from the State Treasurer Employment Code; any employee
23of a State agency who (i) holds the title or position of, or
24exercises substantially similar duties as a legislative
25liaison, Agency General Counsel, Agency Chief of Staff, Agency
26Executive Director, Agency Deputy Director, Agency Chief

 

 

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1Fiscal Officer, Agency Human Resources Director, Public
2Information Officer, or Chief Information Officer and (ii) was
3neither included in a bargaining unit nor subject to an active
4petition for certification in a bargaining unit; any employee
5of a State agency who (i) is in a position that is
6Rutan-exempt, as designated by the employer, and completely
7exempt from jurisdiction B of the Personnel Code and (ii) was
8neither included in a bargaining unit nor subject to an active
9petition for certification in a bargaining unit; any term
10appointed employee of a State agency pursuant to Section 8b.18
11or 8b.19 of the Personnel Code who was neither included in a
12bargaining unit nor subject to an active petition for
13certification in a bargaining unit; any employment position
14properly designated pursuant to Section 6.1 of this Act;
15confidential employees; independent contractors; and
16supervisors except as provided in this Act.
17    Home care and home health workers who function as personal
18assistants and individual maintenance home health workers and
19who also work under the Home Services Program under Section 3
20of the Rehabilitation of Persons with Disabilities Act shall
21not be considered public employees for any purposes not
22specifically provided for in Public Act 93-204 or Public Act
2397-1158, including but not limited to, purposes of vicarious
24liability in tort and purposes of statutory retirement or
25health insurance benefits. Home care and home health workers
26who function as personal assistants and individual maintenance

 

 

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1home health workers and who also work under the Home Services
2Program under Section 3 of the Rehabilitation of Persons with
3Disabilities Act shall not be covered by the State Employees
4Group Insurance Act of 1971 (5 ILCS 375/).
5    Child and day care home providers shall not be considered
6public employees for any purposes not specifically provided for
7in this amendatory Act of the 94th General Assembly, including
8but not limited to, purposes of vicarious liability in tort and
9purposes of statutory retirement or health insurance benefits.
10Child and day care home providers shall not be covered by the
11State Employees Group Insurance Act of 1971.
12    Notwithstanding Section 9, subsection (c), or any other
13provisions of this Act, all peace officers above the rank of
14captain in municipalities with more than 1,000,000 inhabitants
15shall be excluded from this Act.
16    (o) Except as otherwise in subsection (o-5), "public
17employer" or "employer" means the State of Illinois; any
18political subdivision of the State, unit of local government or
19school district; authorities including departments, divisions,
20bureaus, boards, commissions, or other agencies of the
21foregoing entities; and any person acting within the scope of
22his or her authority, express or implied, on behalf of those
23entities in dealing with its employees. As of the effective
24date of the amendatory Act of the 93rd General Assembly, but
25not before, the State of Illinois shall be considered the
26employer of the personal assistants working under the Home

 

 

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1Services Program under Section 3 of the Rehabilitation of
2Persons with Disabilities Act, subject to the limitations set
3forth in this Act and in the Rehabilitation of Persons with
4Disabilities Act. As of January 29, 2013 (the effective date of
5Public Act 97-1158), but not before except as otherwise
6provided in this subsection (o), the State shall be considered
7the employer of home care and home health workers who function
8as personal assistants and individual maintenance home health
9workers and who also work under the Home Services Program under
10Section 3 of the Rehabilitation of Persons with Disabilities
11Act, no matter whether the State provides those services
12through direct fee-for-service arrangements, with the
13assistance of a managed care organization or other
14intermediary, or otherwise, but subject to the limitations set
15forth in this Act and the Rehabilitation of Persons with
16Disabilities Act. The State shall not be considered to be the
17employer of home care and home health workers who function as
18personal assistants and individual maintenance home health
19workers and who also work under the Home Services Program under
20Section 3 of the Rehabilitation of Persons with Disabilities
21Act, for any purposes not specifically provided for in Public
22Act 93-204 or Public Act 97-1158, including but not limited to,
23purposes of vicarious liability in tort and purposes of
24statutory retirement or health insurance benefits. Home care
25and home health workers who function as personal assistants and
26individual maintenance home health workers and who also work

 

 

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1under the Home Services Program under Section 3 of the
2Rehabilitation of Persons with Disabilities Act shall not be
3covered by the State Employees Group Insurance Act of 1971 (5
4ILCS 375/). As of the effective date of this amendatory Act of
5the 94th General Assembly but not before, the State of Illinois
6shall be considered the employer of the day and child care home
7providers participating in the child care assistance program
8under Section 9A-11 of the Illinois Public Aid Code, subject to
9the limitations set forth in this Act and in Section 9A-11 of
10the Illinois Public Aid Code. The State shall not be considered
11to be the employer of child and day care home providers for any
12purposes not specifically provided for in this amendatory Act
13of the 94th General Assembly, including but not limited to,
14purposes of vicarious liability in tort and purposes of
15statutory retirement or health insurance benefits. Child and
16day care home providers shall not be covered by the State
17Employees Group Insurance Act of 1971.
18    "Public employer" or "employer" as used in this Act,
19however, does not mean and shall not include the General
20Assembly of the State of Illinois, the Executive Ethics
21Commission, the Offices of the Executive Inspectors General,
22the Legislative Ethics Commission, the Office of the
23Legislative Inspector General, the Office of the Auditor
24General's Inspector General, the Office of the Governor, the
25Governor's Office of Management and Budget, the Illinois
26Finance Authority, the Office of the Lieutenant Governor, the

 

 

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1State Board of Elections, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in its
4employment of firefighters and peace officers and except with
5respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be designated
9as joint or co-employers of county peace officers appointed
10under the authority of a county sheriff. Nothing in this
11subsection (o) shall be construed to prevent the State Panel or
12the Local Panel from determining that employers are joint or
13co-employers.
14    (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19        (1) For court reporters employed by the Cook County
20    Judicial Circuit, the chief judge of the Cook County
21    Circuit Court is the public employer and employer
22    representative.
23        (2) For court reporters employed by the 12th, 18th,
24    19th, and, on and after December 4, 2006, the 22nd judicial
25    circuits, a group consisting of the chief judges of those
26    circuits, acting jointly by majority vote, is the public

 

 

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1    employer and employer representative.
2        (3) For court reporters employed by all other judicial
3    circuits, a group consisting of the chief judges of those
4    circuits, acting jointly by majority vote, is the public
5    employer and employer representative.
6    (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12    (q) "Short-term employee" means an employee who is employed
13for less than 2 consecutive calendar quarters during a calendar
14year and who does not have a reasonable assurance that he or
15she will be rehired by the same employer for the same service
16in a subsequent calendar year.
17    (q-5) "State agency" means an agency directly responsible
18to the Governor, as defined in Section 3.1 of the Executive
19Reorganization Implementation Act, and the Illinois Commerce
20Commission, the Illinois Workers' Compensation Commission, the
21Civil Service Commission, the Pollution Control Board, the
22Illinois Racing Board, and the Department of State Police Merit
23Board.
24    (r) "Supervisor" is:
25        (1) An employee whose principal work is substantially
26    different from that of his or her subordinates and who has

 

 

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1    authority, in the interest of the employer, to hire,
2    transfer, suspend, lay off, recall, promote, discharge,
3    direct, reward, or discipline employees, to adjust their
4    grievances, or to effectively recommend any of those
5    actions, if the exercise of that authority is not of a
6    merely routine or clerical nature, but requires the
7    consistent use of independent judgment. Except with
8    respect to police employment, the term "supervisor"
9    includes only those individuals who devote a preponderance
10    of their employment time to exercising that authority,
11    State supervisors notwithstanding. Nothing in this
12    definition prohibits an individual from also meeting the
13    definition of "managerial employee" under subsection (j)
14    of this Section. In addition, in determining supervisory
15    status in police employment, rank shall not be
16    determinative. The Board shall consider, as evidence of
17    bargaining unit inclusion or exclusion, the common law
18    enforcement policies and relationships between police
19    officer ranks and certification under applicable civil
20    service law, ordinances, personnel codes, or Division 2.1
21    of Article 10 of the Illinois Municipal Code, but these
22    factors shall not be the sole or predominant factors
23    considered by the Board in determining police supervisory
24    status.
25        Notwithstanding the provisions of the preceding
26    paragraph, in determining supervisory status in fire

 

 

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1    fighter employment, no fire fighter shall be excluded as a
2    supervisor who has established representation rights under
3    Section 9 of this Act. Further, in new fire fighter units,
4    employees shall consist of fire fighters of the rank of
5    company officer and below. If a company officer otherwise
6    qualifies as a supervisor under the preceding paragraph,
7    however, he or she shall not be included in the fire
8    fighter unit. If there is no rank between that of chief and
9    the highest company officer, the employer may designate a
10    position on each shift as a Shift Commander, and the
11    persons occupying those positions shall be supervisors.
12    All other ranks above that of company officer shall be
13    supervisors.
14        (2) With respect only to State employees in positions
15    under the jurisdiction of the Attorney General, Secretary
16    of State, Comptroller, or Treasurer (i) that were certified
17    in a bargaining unit on or after December 2, 2008, (ii) for
18    which a petition is filed with the Illinois Public Labor
19    Relations Board on or after April 5, 2013 (the effective
20    date of Public Act 97-1172), or (iii) for which a petition
21    is pending before the Illinois Public Labor Relations Board
22    on that date, an employee who qualifies as a supervisor
23    under (A) Section 152 of the National Labor Relations Act
24    and (B) orders of the National Labor Relations Board
25    interpreting that provision or decisions of courts
26    reviewing decisions of the National Labor Relations Board.

 

 

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1    (s)(1) "Unit" means a class of jobs or positions that are
2held by employees whose collective interests may suitably be
3represented by a labor organization for collective bargaining.
4Except with respect to non-State fire fighters and paramedics
5employed by fire departments and fire protection districts,
6non-State peace officers, and peace officers in the Department
7of State Police, a bargaining unit determined by the Board
8shall not include both employees and supervisors, or
9supervisors only, except as provided in paragraph (2) of this
10subsection (s) and except for bargaining units in existence on
11July 1, 1984 (the effective date of this Act). With respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Department of State Police,
15a bargaining unit determined by the Board shall not include
16both supervisors and nonsupervisors, or supervisors only,
17except as provided in paragraph (2) of this subsection (s) and
18except for bargaining units in existence on January 1, 1986
19(the effective date of this amendatory Act of 1985). A
20bargaining unit determined by the Board to contain peace
21officers shall contain no employees other than peace officers
22unless otherwise agreed to by the employer and the labor
23organization or labor organizations involved. Notwithstanding
24any other provision of this Act, a bargaining unit, including a
25historical bargaining unit, containing sworn peace officers of
26the Department of Natural Resources (formerly designated the

 

 

HB3219- 22 -LRB100 11323 RJF 21694 b

1Department of Conservation) shall contain no employees other
2than such sworn peace officers upon the effective date of this
3amendatory Act of 1990 or upon the expiration date of any
4collective bargaining agreement in effect upon the effective
5date of this amendatory Act of 1990 covering both such sworn
6peace officers and other employees.
7    (2) Notwithstanding the exclusion of supervisors from
8bargaining units as provided in paragraph (1) of this
9subsection (s), a public employer may agree to permit its
10supervisory employees to form bargaining units and may bargain
11with those units. This Act shall apply if the public employer
12chooses to bargain under this subsection.
13    (3) Public employees who are court reporters, as defined in
14the Court Reporters Act, shall be divided into 3 units for
15collective bargaining purposes. One unit shall be court
16reporters employed by the Cook County Judicial Circuit; one
17unit shall be court reporters employed by the 12th, 18th, 19th,
18and, on and after December 4, 2006, the 22nd judicial circuits;
19and one unit shall be court reporters employed by all other
20judicial circuits.
21    (t) "Active petition for certification in a bargaining
22unit" means a petition for certification filed with the Board
23under one of the following case numbers: S-RC-11-110;
24S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
25S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
26S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

 

 

HB3219- 23 -LRB100 11323 RJF 21694 b

1S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
2S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
3S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
4S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
5S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
6S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
7S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
8S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
9S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
10S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
11S-RC-07-100.
12(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1399-143, eff. 7-27-15.)
 
14    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
15    Sec. 9. Elections; recognition.
16    (a) Whenever in accordance with such regulations as may be
17prescribed by the Board a petition has been filed:
18        (1) by a public employee or group of public employees
19    or any labor organization acting in their behalf
20    demonstrating that 30% of the public employees in an
21    appropriate unit (A) wish to be represented for the
22    purposes of collective bargaining by a labor organization
23    as exclusive representative, or (B) asserting that the
24    labor organization which has been certified or is currently
25    recognized by the public employer as bargaining

 

 

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1    representative is no longer the representative of the
2    majority of public employees in the unit; or
3        (2) by a public employer alleging that one or more
4    labor organizations have presented to it a claim that they
5    be recognized as the representative of a majority of the
6    public employees in an appropriate unit,
7the Board shall investigate such petition, and if it has
8reasonable cause to believe that a question of representation
9exists, shall provide for an appropriate hearing upon due
10notice. Such hearing shall be held at the offices of the Board
11or such other location as the Board deems appropriate. If it
12finds upon the record of the hearing that a question of
13representation exists, it shall direct an election in
14accordance with subsections (d-5) and (e) subsection (d) of
15this Section, which election shall be held not later than 120
16days after the date the petition was filed regardless of
17whether that petition was filed before or after the effective
18date of this amendatory Act of 1987; provided, however, the
19Board may extend the time for holding an election by an
20additional 60 days if, upon motion by a person who has filed a
21petition under this Section or is the subject of a petition
22filed under this Section and is a party to such hearing, or
23upon the Board's own motion, the Board finds that good cause
24has been shown for extending the election date; provided
25further, that nothing in this Section shall prohibit the Board,
26in its discretion, from extending the time for holding an

 

 

HB3219- 25 -LRB100 11323 RJF 21694 b

1election for so long as may be necessary under the
2circumstances, where the purpose for such extension is to
3permit resolution by the Board of an unfair labor practice
4charge filed by one of the parties to a representational
5proceeding against the other based upon conduct which may
6either affect the existence of a question concerning
7representation or have a tendency to interfere with a fair and
8free election, where the party filing the charge has not filed
9a request to proceed with the election; and provided further
10that prior to the expiration of the total time allotted for
11holding an election, a person who has filed a petition under
12this Section or is the subject of a petition filed under this
13Section and is a party to such hearing or the Board, may move
14for and obtain the entry of an order in the circuit court of
15the county in which the majority of the public employees sought
16to be represented by such person reside, such order extending
17the date upon which the election shall be held. Such order
18shall be issued by the circuit court only upon a judicial
19finding that there has been a sufficient showing that there is
20good cause to extend the election date beyond such period and
21shall require the Board to hold the election as soon as is
22feasible given the totality of the circumstances. The initial
2360 day extension Such 120 day period may be extended one or
24more times by the agreement of all parties to the hearing to a
25date certain without the necessity of obtaining a court order.
26Nothing in this Section prohibits the waiving of hearings by

 

 

HB3219- 26 -LRB100 11323 RJF 21694 b

1stipulation for the purpose of a consent election in conformity
2with the rules and regulations of the Board or an election in a
3unit agreed upon by the parties. Other interested employee
4organizations may intervene in the proceedings in the manner
5and within the time period specified by rules and regulations
6of the Board. Interested parties who are necessary to the
7proceedings may also intervene in the proceedings in the manner
8and within the time period specified by the rules and
9regulations of the Board.
10    (a-5) (Blank). The Board shall designate an exclusive
11representative for purposes of collective bargaining when the
12representative demonstrates a showing of majority interest by
13employees in the unit. If the parties to a dispute are without
14agreement on the means to ascertain the choice, if any, of
15employee organization as their representative, the Board shall
16ascertain the employees' choice of employee organization, on
17the basis of dues deduction authorization or other evidence,
18or, if necessary, by conducting an election. All evidence
19submitted by an employee organization to the Board to ascertain
20an employee's choice of an employee organization is
21confidential and shall not be submitted to the employer for
22review. The Board shall ascertain the employee's choice of
23employee organization within 120 days after the filing of the
24majority interest petition; however, the Board may extend time
25by an additional 60 days, upon its own motion or upon the
26motion of a party to the proceeding. If either party provides

 

 

HB3219- 27 -LRB100 11323 RJF 21694 b

1to the Board, before the designation of a representative, clear
2and convincing evidence that the dues deduction
3authorizations, and other evidence upon which the Board would
4otherwise rely to ascertain the employees' choice of
5representative, are fraudulent or were obtained through
6coercion, the Board shall promptly thereafter conduct an
7election. The Board shall also investigate and consider a
8party's allegations that the dues deduction authorizations and
9other evidence submitted in support of a designation of
10representative without an election were subsequently changed,
11altered, withdrawn, or withheld as a result of employer fraud,
12coercion, or any other unfair labor practice by the employer.
13If the Board determines that a labor organization would have
14had a majority interest but for an employer's fraud, coercion,
15or unfair labor practice, it shall designate the labor
16organization as an exclusive representative without conducting
17an election. If a hearing is necessary to resolve any issues of
18representation under this Section, the Board shall conclude its
19hearing process and issue a certification of the entire
20appropriate unit not later than 120 days after the date the
21petition was filed. The 120-day period may be extended one or
22more times by the agreement of all parties to a hearing to a
23date certain.
24    (a-6) A labor organization or an employer may file a unit
25clarification petition seeking to clarify an existing
26bargaining unit. The Board shall conclude its investigation,

 

 

HB3219- 28 -LRB100 11323 RJF 21694 b

1including any hearing process deemed necessary, and issue a
2certification of clarified unit or dismiss the petition not
3later than 120 days after the date the petition was filed. The
4120-day period may be extended one or more times by the
5agreement of all parties to a hearing to a date certain.
6    (b) The Board shall decide in each case, in order to assure
7public employees the fullest freedom in exercising the rights
8guaranteed by this Act, a unit appropriate for the purpose of
9collective bargaining, based upon but not limited to such
10factors as: historical pattern of recognition; community of
11interest including employee skills and functions; degree of
12functional integration; interchangeability and contact among
13employees; fragmentation of employee groups; common
14supervision, wages, hours and other working conditions of the
15employees involved; and the desires of the employees. For
16purposes of this subsection, fragmentation shall not be the
17sole or predominant factor used by the Board in determining an
18appropriate bargaining unit. Except with respect to non-State
19fire fighters and paramedics employed by fire departments and
20fire protection districts, non-State peace officers and peace
21officers in the State Department of State Police, a single
22bargaining unit determined by the Board may not include both
23supervisors and nonsupervisors, except for bargaining units in
24existence on the effective date of this Act. With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace

 

 

HB3219- 29 -LRB100 11323 RJF 21694 b

1officers and peace officers in the State Department of State
2Police, a single bargaining unit determined by the Board may
3not include both supervisors and nonsupervisors, except for
4bargaining units in existence on the effective date of this
5amendatory Act of 1985.
6    In cases involving an historical pattern of recognition,
7and in cases where the employer has recognized the union as the
8sole and exclusive bargaining agent for a specified existing
9unit, the Board shall find the employees in the unit then
10represented by the union pursuant to the recognition to be the
11appropriate unit.
12    Notwithstanding the above factors, where the majority of
13public employees of a craft so decide, the Board shall
14designate such craft as a unit appropriate for the purposes of
15collective bargaining.
16    The Board shall not decide that any unit is appropriate if
17such unit includes both professional and nonprofessional
18employees, unless a majority of each group votes for inclusion
19in such unit.
20    (c) Nothing in this Act shall interfere with or negate the
21current representation rights or patterns and practices of
22labor organizations which have historically represented public
23employees for the purpose of collective bargaining, including
24but not limited to the negotiations of wages, hours and working
25conditions, discussions of employees' grievances, resolution
26of jurisdictional disputes, or the establishment and

 

 

HB3219- 30 -LRB100 11323 RJF 21694 b

1maintenance of prevailing wage rates, unless a majority of
2employees so represented express a contrary desire pursuant to
3the procedures set forth in this Act.
4    (d) (Blank). In instances where the employer does not
5voluntarily recognize a labor organization as the exclusive
6bargaining representative for a unit of employees, the Board
7shall determine the majority representative of the public
8employees in an appropriate collective bargaining unit by
9conducting a secret ballot election, except as otherwise
10provided in subsection (a-5). Within 7 days after the Board
11issues its bargaining unit determination and direction of
12election or the execution of a stipulation for the purpose of a
13consent election, the public employer shall submit to the labor
14organization the complete names and addresses of those
15employees who are determined by the Board to be eligible to
16participate in the election. When the Board has determined that
17a labor organization has been fairly and freely chosen by a
18majority of employees in an appropriate unit, it shall certify
19such organization as the exclusive representative. If the Board
20determines that a majority of employees in an appropriate unit
21has fairly and freely chosen not to be represented by a labor
22organization, it shall so certify. The Board may also revoke
23the certification of the public employee organizations as
24exclusive bargaining representatives which have been found by a
25secret ballot election to be no longer the majority
26representative.

 

 

HB3219- 31 -LRB100 11323 RJF 21694 b

1    (d-5) Beginning not less than 2 years, but no more than 3
2years, after the effective date of this amendatory Act of the
3100th General Assembly, and for every even-numbered year
4thereafter, the Board shall conduct an election to certify the
5majority representative of the public employees as the
6exclusive bargaining representative for the unit of employees.
7The election shall occur no later than May 1 of an election
8year, unless an extension is otherwise obtained under
9subsection (a) of this Section. The Board shall certify any
10representative that receives at least 51% of the votes of all
11of the public employees as the exclusive representative of all
12public employees in the unit. If no representative receives at
13least 51% of the votes of all of the public employees in the
14collective bargaining unit, a runoff election as provided under
15subsection (e) shall be held.
16    (e) The Board shall not conduct an election in any
17bargaining unit or any subdivision thereof within which a valid
18election has been held in the preceding 12-month period. The
19Board shall determine who is eligible to vote in an election
20and shall establish rules governing the conduct of the election
21or conduct affecting the results of the election. Within 7 days
22after the Board issues its bargaining unit determination and
23direction of election or the execution of a stipulation for the
24purpose of a consent election, the public employer shall submit
25to the labor organization the complete names and addresses of
26those employees who are determined by the Board to be eligible

 

 

HB3219- 32 -LRB100 11323 RJF 21694 b

1to participate in the election. The Board shall include on a
2ballot in a representation election a choice of "no
3representation". A labor organization currently representing
4the bargaining unit of employees shall be placed on the ballot
5in any representation election. When the Board has determined
6that a labor organization has been fairly and freely chosen by
7a majority of employees in an appropriate unit, it shall
8certify such organization as the exclusive representative. If
9the Board determines that a majority of employees in an
10appropriate unit has fairly and freely chosen not to be
11represented by a labor organization, it shall so certify. If
12the choice of "no representation" receives a majority, the
13public employer shall not recognize any exclusive bargaining
14representative for at least 12 months. In any election where
15none of the choices on the ballot receives a majority, a runoff
16election shall be conducted between the 2 choices receiving the
17largest number of valid votes cast in the election. A labor
18organization which receives a majority of the votes cast in an
19election shall be certified by the Board as exclusive
20representative of all public employees in the unit.
21    (f) A labor organization shall be designated as the
22exclusive representative by a public employer, provided that
23the labor organization represents a majority of the public
24employees in an appropriate unit. Any employee organization
25which is designated or selected by the majority of public
26employees, in a unit of the public employer having no other

 

 

HB3219- 33 -LRB100 11323 RJF 21694 b

1recognized or certified representative, as their
2representative for purposes of collective bargaining may
3request recognition by the public employer in writing. The
4public employer shall post such request for a period of at
5least 20 days following its receipt thereof on bulletin boards
6or other places used or reserved for employee notices.
7    (g) Within the 20-day period any other interested employee
8organization may petition the Board in the manner specified by
9rules and regulations of the Board, provided that such
10interested employee organization has been designated by at
11least 10% of the employees in an appropriate bargaining unit
12which includes all or some of the employees in the unit
13recognized by the employer. In such event, the Board shall
14proceed with the petition in the same manner as provided by
15paragraph (1) of subsection (a) of this Section.
16    (h) An No election may shall be directed by the Board in
17any bargaining unit where there is in force a valid collective
18bargaining agreement. In the event of a termination of
19certification due to an election being held while a valid
20collective bargaining agreement is in force, the terms of any
21pre-existing agreement between the prior exclusive
22representative and the public employer shall continue in effect
23for the remaining contract term, except for any provisions
24involving, in any manner, the exclusive representative,
25including, but not limited to, union security, dues and fees,
26and grievance and arbitration issues. The Board, however, may

 

 

HB3219- 34 -LRB100 11323 RJF 21694 b

1process an election petition filed between 90 and 60 days prior
2to the expiration of the date of an agreement, and may further
3refine, by rule or decision, the implementation of this
4provision. Where more than 4 years have elapsed since the
5effective date of the agreement, the agreement shall continue
6to bar an election, except that the Board may process an
7election petition filed between 90 and 60 days prior to the end
8of the fifth year of such an agreement, and between 90 and 60
9days prior to the end of each successive year of such
10agreement.
11    (i) An order of the Board dismissing a representation
12petition, determining and certifying that a labor organization
13has been fairly and freely chosen by a majority of employees in
14an appropriate bargaining unit, determining and certifying
15that a labor organization has not been fairly and freely chosen
16by a majority of employees in the bargaining unit or certifying
17a labor organization as the exclusive representative of
18employees in an appropriate bargaining unit because of a
19determination by the Board that the labor organization is the
20historical bargaining representative of employees in the
21bargaining unit, is a final order. Any person aggrieved by any
22such order issued on or after the effective date of this
23amendatory Act of 1987 may apply for and obtain judicial review
24in accordance with provisions of the Administrative Review Law,
25as now or hereafter amended, except that such review shall be
26afforded directly in the Appellate Court for the district in

 

 

HB3219- 35 -LRB100 11323 RJF 21694 b

1which the aggrieved party resides or transacts business. Any
2direct appeal to the Appellate Court shall be filed within 35
3days from the date that a copy of the decision sought to be
4reviewed was served upon the party affected by the decision.
5(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
6    (5 ILCS 315/21)  (from Ch. 48, par. 1621)
7    Sec. 21. Subject to the appropriation power of the
8employer, employers and exclusive representatives may
9negotiate multi-year collective bargaining agreements pursuant
10to the provisions of this Act; however, no multi-year
11collective bargaining agreement entered into after the
12effective date of this amendatory Act of the 100th General
13Assembly shall be longer than 5 years in duration.
14(Source: P.A. 83-1012.)
 
15    Section 10. The Illinois Educational Labor Relations Act is
16amended by changing Sections 2, 7, and 8 as follows:
 
17    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
18    Sec. 2. Definitions. As used in this Act:
19    (a) "Educational employer" or "employer" means the
20governing body of a public school district, including the
21governing body of a charter school established under Article
2227A of the School Code or of a contract school or contract
23turnaround school established under paragraph 30 of Section

 

 

HB3219- 36 -LRB100 11323 RJF 21694 b

134-18 of the School Code, combination of public school
2districts, including the governing body of joint agreements of
3any type formed by 2 or more school districts, public community
4college district or State college or university, a
5subcontractor of instructional services of a school district
6(other than a school district organized under Article 34 of the
7School Code), combination of school districts, charter school
8established under Article 27A of the School Code, or contract
9school or contract turnaround school established under
10paragraph 30 of Section 34-18 of the School Code, an
11Independent Authority created under Section 2-3.25f-5 of the
12School Code, and any State agency whose major function is
13providing educational services. "Educational employer" or
14"employer" does not include (1) a Financial Oversight Panel
15created pursuant to Section 1A-8 of the School Code due to a
16district violating a financial plan or (2) an approved
17nonpublic special education facility that contracts with a
18school district or combination of school districts to provide
19special education services pursuant to Section 14-7.02 of the
20School Code, but does include a School Finance Authority
21created under Article 1E or 1F of the School Code and a
22Financial Oversight Panel created under Article 1B or 1H of the
23School Code. The change made by this amendatory Act of the 96th
24General Assembly to this paragraph (a) to make clear that the
25governing body of a charter school is an "educational employer"
26is declaratory of existing law.

 

 

HB3219- 37 -LRB100 11323 RJF 21694 b

1    (b) "Educational employee" or "employee" means any
2individual, excluding supervisors, managerial, confidential,
3short term employees, student, and part-time academic
4employees of community colleges employed full or part time by
5an educational employer, but shall not include elected
6officials and appointees of the Governor with the advice and
7consent of the Senate, firefighters as defined by subsection
8(g-1) of Section 3 of the Illinois Public Labor Relations Act,
9and peace officers employed by a State university. For the
10purposes of this Act, part-time academic employees of community
11colleges shall be defined as those employees who provide less
12than 3 credit hours of instruction per academic semester. In
13this subsection (b), the term "student" includes graduate
14students who are research assistants primarily performing
15duties that involve research or graduate assistants primarily
16performing duties that are pre-professional, but excludes
17graduate students who are teaching assistants primarily
18performing duties that involve the delivery and support of
19instruction and all other graduate assistants.
20    (c) "Employee organization" or "labor organization" means
21an organization of any kind in which membership includes
22educational employees, and which exists for the purpose, in
23whole or in part, of dealing with employers concerning
24grievances, employee-employer disputes, wages, rates of pay,
25hours of employment, or conditions of work, but shall not
26include any organization which practices discrimination in

 

 

HB3219- 38 -LRB100 11323 RJF 21694 b

1membership because of race, color, creed, age, gender, national
2origin or political affiliation.
3    (d) "Exclusive representative" means the labor
4organization which has been designated by the Illinois
5Educational Labor Relations Board as the representative of the
6majority of educational employees in an appropriate unit, or
7recognized by an educational employer prior to January 1, 1984
8as the exclusive representative of the employees in an
9appropriate unit or, after January 1, 1984, recognized by an
10employer upon evidence that the employee organization has been
11designated as the exclusive representative by a majority of the
12employees in an appropriate unit.
13    (e) "Board" means the Illinois Educational Labor Relations
14Board.
15    (f) "Regional Superintendent" means the regional
16superintendent of schools provided for in Articles 3 and 3A of
17The School Code.
18    (g) "Supervisor" means any individual having authority in
19the interests of the employer to hire, transfer, suspend, lay
20off, recall, promote, discharge, reward or discipline other
21employees within the appropriate bargaining unit and adjust
22their grievances, or to effectively recommend such action if
23the exercise of such authority is not of a merely routine or
24clerical nature but requires the use of independent judgment.
25The term "supervisor" includes only those individuals who
26devote a preponderance of their employment time to such

 

 

HB3219- 39 -LRB100 11323 RJF 21694 b

1exercising authority.
2    (h) "Unfair labor practice" or "unfair practice" means any
3practice prohibited by Section 14 of this Act.
4    (i) "Person" includes an individual, educational employee,
5educational employer, legal representative, or employee
6organization.
7    (j) "Wages" means salaries or other forms of compensation
8for services rendered.
9    (k) "Professional employee" means, in the case of a public
10community college, State college or university, State agency
11whose major function is providing educational services, the
12Illinois School for the Deaf, and the Illinois School for the
13Visually Impaired, (1) any employee engaged in work (i)
14predominantly intellectual and varied in character as opposed
15to routine mental, manual, mechanical, or physical work; (ii)
16involving the consistent exercise of discretion and judgment in
17its performance; (iii) of such character that the output
18produced or the result accomplished cannot be standardized in
19relation to a given period of time; and (iv) requiring
20knowledge of an advanced type in a field of science or learning
21customarily acquired by a prolonged course of specialized
22intellectual instruction and study in an institution of higher
23learning or a hospital, as distinguished from a general
24academic education or from an apprenticeship or from training
25in the performance of routine mental, manual, or physical
26processes; or (2) any employee, who (i) has completed the

 

 

HB3219- 40 -LRB100 11323 RJF 21694 b

1courses of specialized intellectual instruction and study
2described in clause (iv) of paragraph (1) of this subsection,
3and (ii) is performing related work under the supervision of a
4professional person to qualify himself or herself to become a
5professional as defined in paragraph (l).
6    (l) "Professional employee" means, in the case of any
7public school district, or combination of school districts
8pursuant to joint agreement, any employee who has a certificate
9issued under Article 21 or Section 34-83 of the School Code, as
10now or hereafter amended.
11    (m) "Unit" or "bargaining unit" means any group of
12employees for which an exclusive representative is selected.
13    (n) "Confidential employee" means an employee, who (i) in
14the regular course of his or her duties, assists and acts in a
15confidential capacity to persons who formulate, determine and
16effectuate management policies with regard to labor relations
17or who (ii) in the regular course of his or her duties has
18access to information relating to the effectuation or review of
19the employer's collective bargaining policies.
20    (o) "Managerial employee" means an individual who is
21engaged predominantly in executive and management functions
22and is charged with the responsibility of directing the
23effectuation of such management policies and practices.
24    (p) "Craft employee" means a skilled journeyman, craft
25person, and his or her apprentice or helper.
26    (q) "Short-term employee" is an employee who is employed

 

 

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1for less than 2 consecutive calendar quarters during a calendar
2year and who does not have a reasonable expectation that he or
3she will be rehired by the same employer for the same service
4in a subsequent calendar year. Nothing in this subsection shall
5affect the employee status of individuals who were covered by a
6collective bargaining agreement on the effective date of this
7amendatory Act of 1991.
8(Source: P.A. 97-429, eff. 8-16-11; 98-1155, eff. 1-9-15.)
 
9    (115 ILCS 5/7)  (from Ch. 48, par. 1707)
10    Sec. 7. Recognition of exclusive bargaining
11representatives - unit determination. The Board is empowered
12to administer the recognition of bargaining representatives of
13employees of public school districts, including employees of
14districts which have entered into joint agreements, or
15employees of public community college districts, or any State
16college or university, and any State agency whose major
17function is providing educational services, making certain
18that each bargaining unit contains employees with an
19identifiable community of interest and that no unit includes
20both professional employees and nonprofessional employees
21unless a majority of employees in each group vote for inclusion
22in the unit.
23    (a) In determining the appropriateness of a unit, the Board
24shall decide in each case, in order to ensure employees the
25fullest freedom in exercising the rights guaranteed by this

 

 

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1Act, the unit appropriate for the purpose of collective
2bargaining, based upon but not limited to such factors as
3historical pattern of recognition, community of interest,
4including employee skills and functions, degree of functional
5integration, interchangeability and contact among employees,
6common supervision, wages, hours and other working conditions
7of the employees involved, and the desires of the employees.
8Nothing in this Act, except as herein provided, shall interfere
9with or negate the current representation rights or patterns
10and practices of employee organizations which have
11historically represented employees for the purposes of
12collective bargaining, including but not limited to the
13negotiations of wages, hours and working conditions,
14resolutions of employees' grievances, or resolution of
15jurisdictional disputes, or the establishment and maintenance
16of prevailing wage rates, unless a majority of the employees so
17represented expresses a contrary desire under the procedures
18set forth in this Act. This Section, however, does not prohibit
19multi-unit bargaining. Notwithstanding the above factors,
20where the majority of public employees of a craft so decide,
21the Board shall designate such craft as a unit appropriate for
22the purposes of collective bargaining.
23    The sole appropriate bargaining unit for tenured and
24tenure-track academic faculty at each campus of the University
25of Illinois shall be a unit that is comprised of
26non-supervisory academic faculty employed more than half-time

 

 

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1and that includes all tenured and tenure-track faculty of that
2University campus employed by the board of trustees in all of
3the campus's undergraduate, graduate, and professional schools
4and degree and non-degree programs (with the exception of the
5college of medicine, the college of pharmacy, the college of
6dentistry, the college of law, and the college of veterinary
7medicine, each of which shall have its own separate unit),
8regardless of current or historical representation rights or
9patterns or the application of any other factors. Any decision,
10rule, or regulation promulgated by the Board to the contrary
11shall be null and void.
12    (b) (Blank). An educational employer shall voluntarily
13recognize a labor organization for collective bargaining
14purposes if that organization appears to represent a majority
15of employees in the unit. The employer shall post notice of its
16intent to so recognize for a period of at least 20 school days
17on bulletin boards or other places used or reserved for
18employee notices. Thereafter, the employer, if satisfied as to
19the majority status of the employee organization, shall send
20written notification of such recognition to the Board for
21certification. Any dispute regarding the majority status of a
22labor organization shall be resolved by the Board which shall
23make the determination of majority status.
24    Within the 20 day notice period, however, any other
25interested employee organization may petition the Board to seek
26recognition as the exclusive representative of the unit in the

 

 

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1manner specified by rules and regulations prescribed by the
2Board, if such interested employee organization has been
3designated by at least 15% of the employees in an appropriate
4bargaining unit which includes all or some of the employees in
5the unit intended to be recognized by the employer. In such
6event, the Board shall proceed with the petition in the same
7manner as provided in paragraph (c) of this Section.
8    (c) A labor organization may also gain recognition as the
9exclusive representative by an election of the employees in the
10unit. Petitions requesting an election may be filed with the
11Board:
12        (1) by an employee or group of employees or any labor
13    organizations acting on their behalf alleging and
14    presenting evidence that 30% or more of the employees in a
15    bargaining unit wish to be represented for collective
16    bargaining or that the labor organization which has been
17    acting as the exclusive bargaining representative is no
18    longer representative of a majority of the employees in the
19    unit; or
20        (2) by an employer alleging that one or more labor
21    organizations have presented a claim to be recognized as an
22    exclusive bargaining representative of a majority of the
23    employees in an appropriate unit and that it doubts the
24    majority status of any of the organizations or that it
25    doubts the majority status of an exclusive bargaining
26    representative.

 

 

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1    The Board shall investigate the petition and if it has
2reasonable cause to suspect that a question of representation
3exists, it shall give notice and conduct a hearing. If it finds
4upon the record of the hearing that a question of
5representation exists, it shall direct an election in
6accordance with Section 8 of this Act , which shall be held no
7later than 90 days after the date the petition was filed.
8Nothing prohibits the waiving of hearings by the parties and
9the conduct of consent elections.
10    (c-5) (Blank). The Board shall designate an exclusive
11representative for purposes of collective bargaining when the
12representative demonstrates a showing of majority interest by
13employees in the unit. If the parties to a dispute are without
14agreement on the means to ascertain the choice, if any, of
15employee organization as their representative, the Board shall
16ascertain the employees' choice of employee organization, on
17the basis of dues deduction authorization or other evidence,
18or, if necessary, by conducting an election. All evidence
19submitted by an employee organization to the Board to ascertain
20an employee's choice of an employee organization is
21confidential and shall not be submitted to the employer for
22review. The Board shall ascertain the employee's choice of
23employee organization within 120 days after the filing of the
24majority interest petition; however, the Board may extend time
25by an additional 60 days, upon its own motion or upon the
26motion of a party to the proceeding. If either party provides

 

 

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1to the Board, before the designation of a representative, clear
2and convincing evidence that the dues deduction
3authorizations, and other evidence upon which the Board would
4otherwise rely to ascertain the employees' choice of
5representative, are fraudulent or were obtained through
6coercion, the Board shall promptly thereafter conduct an
7election. The Board shall also investigate and consider a
8party's allegations that the dues deduction authorizations and
9other evidence submitted in support of a designation of
10representative without an election were subsequently changed,
11altered, withdrawn, or withheld as a result of employer fraud,
12coercion, or any other unfair labor practice by the employer.
13If the Board determines that a labor organization would have
14had a majority interest but for an employer's fraud, coercion,
15or unfair labor practice, it shall designate the labor
16organization as an exclusive representative without conducting
17an election. If a hearing is necessary to resolve any issues of
18representation under this Section, the Board shall conclude its
19hearing process and issue a certification of the entire
20appropriate unit not later than 120 days after the date the
21petition was filed. The 120-day period may be extended one or
22more times by the agreement of all parties to a hearing to a
23date certain.
24    (c-6) A labor organization or an employer may file a unit
25clarification petition seeking to clarify an existing
26bargaining unit. The Board shall conclude its investigation,

 

 

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1including any hearing process deemed necessary, and issue a
2certification of clarified unit or dismiss the petition not
3later than 120 days after the date the petition was filed. The
4120-day period may be extended one or more times by the
5agreement of all parties to a hearing to a date certain.
6    (d) An order of the Board dismissing a representation
7petition, determining and certifying that a labor organization
8has been fairly and freely chosen by a majority of employees in
9an appropriate bargaining unit, determining and certifying
10that a labor organization has not been fairly and freely chosen
11by a majority of employees in the bargaining unit or certifying
12a labor organization as the exclusive representative of
13employees in an appropriate bargaining unit because of a
14determination by the Board that the labor organization is the
15historical bargaining representative of employees in the
16bargaining unit, is a final order. Any person aggrieved by any
17such order issued on or after the effective date of this
18amendatory Act of 1987 may apply for and obtain judicial review
19in accordance with provisions of the Administrative Review Law,
20as now or hereafter amended, except that such review shall be
21afforded directly in the Appellate Court of a judicial district
22in which the Board maintains an office. Any direct appeal to
23the Appellate Court shall be filed within 35 days from the date
24that a copy of the decision sought to be reviewed was served
25upon the party affected by the decision.
26    An No election may be conducted in any bargaining unit

 

 

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1during the term of a collective bargaining agreement covering
2such unit or subdivision thereof, except the Board may direct
3an election after the filing of a petition between January 15
4and March 1 of the final year of a collective bargaining
5agreement. In the event of a termination of certification due
6to an election being held during the term of a collective
7bargaining agreement, the terms of any pre-existing agreement
8between the prior exclusive representative and the educational
9employer shall continue in effect for the remaining contract
10term, except for any provisions involving, in any manner, the
11exclusive representative, including, but not limited to, union
12security, dues and fees, and grievance and arbitration issues.
13Nothing in this Section prohibits the negotiation of a
14collective bargaining agreement covering a period not
15exceeding 5 3 years. A collective bargaining agreement of less
16than 5 3 years may be extended up to 5 3 years by the parties if
17the extension is agreed to in writing before the filing of a
18petition under this Section. In such case, the final year of
19the extension is the final year of the collective bargaining
20agreement. No election may be conducted in a bargaining unit,
21or subdivision thereof, in which a valid election has been held
22within the preceding 12 month period.
23(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
24    (115 ILCS 5/8)  (from Ch. 48, par. 1708)
25    Sec. 8. Election - certification. Beginning not less than 2

 

 

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1years, but no more than 3 years, after the effective date of
2this amendatory Act of the 100th General Assembly, and for
3every even-numbered year thereafter, the Board shall conduct an
4election to certify the majority representative of the
5employees as the exclusive bargaining representative for the
6unit of employees. The election shall occur no earlier than
7August 1, but no later than December 1, of an election year.
8Elections shall be by secret ballot, and conducted in
9accordance with rules and regulations established by the
10Illinois Educational Labor Relations Board. An incumbent
11exclusive bargaining representative shall automatically be
12placed on any ballot with the petitioner's labor organization.
13An intervening labor organization may be placed on the ballot
14when supported by 15% or more of the employees in the
15bargaining unit. The Board shall give at least 30 day's days
16notice of the time and place of the election to the parties
17and, upon request, shall provide the parties with a list of
18names and addresses of persons eligible to vote in the election
19at least 15 days before the election. The ballot must include,
20as one of the alternatives, the choice of "no representative".
21No mail ballots are permitted except where a specific
22individual would otherwise be unable to cast a ballot.
23    The Board shall certify any representative that receives at
24least 51% of the votes of all of the employees as the exclusive
25representative of all employees in the unit. The labor
26organization receiving a majority of the ballots cast shall be

 

 

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1certified by the Board as the exclusive bargaining
2representative. If the choice of "no representative" receives a
3majority, the employer shall not recognize any exclusive
4bargaining representative for at least 12 months. If none of
5the choices on the ballot receives a majority, a run-off shall
6be conducted between the 2 choices receiving the largest number
7of valid votes cast in the election. The Board shall certify
8the results of the election within 6 working days after the
9final tally of votes unless a charge is filed by a party
10alleging that improper conduct occurred which affected the
11outcome of the election. The Board shall promptly investigate
12the allegations, and if it finds probable cause that improper
13conduct occurred and could have affected the outcome of the
14election, it shall set a hearing on the matter on a date
15falling within 2 weeks of when it received the charge. If it
16determines, after hearing, that the outcome of the election was
17affected by improper conduct, it shall order a new election and
18shall order corrective action which it considers necessary to
19insure the fairness of the new election. If it determines upon
20investigation or after hearing that the alleged improper
21conduct did not take place or that it did not affect the
22results of the election, it shall immediately certify the
23election results. The Board shall assess and collect a
24certification fee for each election conducted under this
25Section.
26    Any labor organization that is the exclusive bargaining

 

 

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1representative in an appropriate unit on the effective date of
2this Act shall continue as such until a new one is selected
3under this Act.
4(Source: P.A. 92-206, eff. 1-1-02.)