100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1307

 

Introduced 2/9/2017, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603

    Amends Illinois Public Labor Relations Act. Provides that a secretary, assistant, or one of like position to a person who formulates, determines, and effectuates labor relations policy is presumed to be a "confidential employee". Provides that the following is considered to be a person who formulates, determines, and effectuates labor relations policy under the Act: (i) the mayor, village president, county board president, county board chairman, or other chief executive officer of a unit of local government, and (ii) any village or city manager or village or city administrator, or anyone in a like position in any unit of local government. Limits the provisions of the amendatory Act to a county with a population of more than 500,000 and municipalities that lie in whole or in part within such a county. Effective immediately.


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A BILL FOR

 

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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 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.
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    (c-5) In addition to the provisions set forth in subsection
2(c) of this Section, a secretary, assistant, or one of like
3position to a person who formulates, determines, and
4effectuates labor relations policy is presumed to be a
5"confidential employee". The following is considered to be a
6person who formulates, determines, and effectuates labor
7relations policy under the Act: (i) the mayor, village
8president, county board president, county board chairman, or
9other chief executive officer of a unit of local government,
10and (ii) any village or city manager or village or city
11administrator, or anyone in a like position in any unit of
12local government.
13    The provisions of this subsection (c-5) apply only to a
14county with a population of more than 500,000 and
15municipalities that lie in whole or in part within such a
16county. Nothing in this subsection (c-5) shall affect the
17employee status of individuals who were covered by a collective
18bargaining agreement on the effective date of this amendatory
19Act of the 100th General Assembly.
20    (d) "Craft employees" means skilled journeymen, crafts
21persons, and their apprentices and helpers.
22    (e) "Essential services employees" means those public
23employees performing functions so essential that the
24interruption or termination of the function will constitute a
25clear and present danger to the health and safety of the
26persons in the affected community.

 

 

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1    (f) "Exclusive representative", except with respect to
2non-State fire fighters and paramedics employed by fire
3departments and fire protection districts, non-State peace
4officers, and peace officers in the Department of State Police,
5means the labor organization that has been (i) designated by
6the Board as the representative of a majority of public
7employees in an appropriate bargaining unit in accordance with
8the procedures contained in this Act, (ii) historically
9recognized by the State of Illinois or any political
10subdivision of the State before July 1, 1984 (the effective
11date of this Act) as the exclusive representative of the
12employees in an appropriate bargaining unit, (iii) after July
131, 1984 (the effective date of this Act) recognized by an
14employer upon evidence, acceptable to the Board, that the labor
15organization has been designated as the exclusive
16representative by a majority of the employees in an appropriate
17bargaining unit; (iv) recognized as the exclusive
18representative of personal assistants under Executive Order
192003-8 prior to the effective date of this amendatory Act of
20the 93rd General Assembly, and the organization shall be
21considered to be the exclusive representative of the personal
22assistants as defined in this Section; or (v) recognized as the
23exclusive representative of child and day care home providers,
24including licensed and license exempt providers, pursuant to an
25election held under Executive Order 2005-1 prior to the
26effective date of this amendatory Act of the 94th General

 

 

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1Assembly, and the organization shall be considered to be the
2exclusive representative of the child and day care home
3providers as defined in this Section.
4    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, "exclusive representative" means the labor
8organization that has been (i) designated by the Board as the
9representative of a majority of peace officers or fire fighters
10in an appropriate bargaining unit in accordance with the
11procedures contained in this Act, (ii) historically recognized
12by the State of Illinois or any political subdivision of the
13State before January 1, 1986 (the effective date of this
14amendatory Act of 1985) as the exclusive representative by a
15majority of the peace officers or fire fighters in an
16appropriate bargaining unit, or (iii) after January 1, 1986
17(the effective date of this amendatory Act of 1985) recognized
18by an employer upon evidence, acceptable to the Board, that the
19labor organization has been designated as the exclusive
20representative by a majority of the peace officers or fire
21fighters in an appropriate bargaining unit.
22    Where a historical pattern of representation exists for the
23workers of a water system that was owned by a public utility,
24as defined in Section 3-105 of the Public Utilities Act, prior
25to becoming certified employees of a municipality or
26municipalities once the municipality or municipalities have

 

 

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1acquired the water system as authorized in Section 11-124-5 of
2the Illinois Municipal Code, the Board shall find the labor
3organization that has historically represented the workers to
4be the exclusive representative under this Act, and shall find
5the unit represented by the exclusive representative to be the
6appropriate unit.
7    (g) "Fair share agreement" means an agreement between the
8employer and an employee organization under which all or any of
9the employees in a collective bargaining unit are required to
10pay their proportionate share of the costs of the collective
11bargaining process, contract administration, and pursuing
12matters affecting wages, hours, and other conditions of
13employment, but not to exceed the amount of dues uniformly
14required of members. The amount certified by the exclusive
15representative shall not include any fees for contributions
16related to the election or support of any candidate for
17political office. Nothing in this subsection (g) shall preclude
18an employee from making voluntary political contributions in
19conjunction with his or her fair share payment.
20    (g-1) "Fire fighter" means, for the purposes of this Act
21only, any person who has been or is hereafter appointed to a
22fire department or fire protection district or employed by a
23state university and sworn or commissioned to perform fire
24fighter duties or paramedic duties, except that the following
25persons are not included: part-time fire fighters, auxiliary,
26reserve or voluntary fire fighters, including paid on-call fire

 

 

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1fighters, clerks and dispatchers or other civilian employees of
2a fire department or fire protection district who are not
3routinely expected to perform fire fighter duties, or elected
4officials.
5    (g-2) "General Assembly of the State of Illinois" means the
6legislative branch of the government of the State of Illinois,
7as provided for under Article IV of the Constitution of the
8State of Illinois, and includes but is not limited to the House
9of Representatives, the Senate, the Speaker of the House of
10Representatives, the Minority Leader of the House of
11Representatives, the President of the Senate, the Minority
12Leader of the Senate, the Joint Committee on Legislative
13Support Services and any legislative support services agency
14listed in the Legislative Commission Reorganization Act of
151984.
16    (h) "Governing body" means, in the case of the State, the
17State Panel of the Illinois Labor Relations Board, the Director
18of the Department of Central Management Services, and the
19Director of the Department of Labor; the county board in the
20case of a county; the corporate authorities in the case of a
21municipality; and the appropriate body authorized to provide
22for expenditures of its funds in the case of any other unit of
23government.
24    (i) "Labor organization" means any organization in which
25public employees participate and that exists for the purpose,
26in whole or in part, of dealing with a public employer

 

 

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1concerning wages, hours, and other terms and conditions of
2employment, including the settlement of grievances.
3    (i-5) "Legislative liaison" means a person who is an
4employee of a State agency, the Attorney General, the Secretary
5of State, the Comptroller, or the Treasurer, as the case may
6be, and whose job duties require the person to regularly
7communicate in the course of his or her employment with any
8official or staff of the General Assembly of the State of
9Illinois for the purpose of influencing any legislative action.
10    (j) "Managerial employee" means an individual who is
11engaged predominantly in executive and management functions
12and is charged with the responsibility of directing the
13effectuation of management policies and practices. With
14respect only to State employees in positions under the
15jurisdiction of the Attorney General, Secretary of State,
16Comptroller, or Treasurer (i) that were certified in a
17bargaining unit on or after December 2, 2008, (ii) for which a
18petition is filed with the Illinois Public Labor Relations
19Board on or after April 5, 2013 (the effective date of Public
20Act 97-1172), or (iii) for which a petition is pending before
21the Illinois Public Labor Relations Board on that date,
22"managerial employee" means an individual who is engaged in
23executive and management functions or who is charged with the
24effectuation of management policies and practices or who
25represents management interests by taking or recommending
26discretionary actions that effectively control or implement

 

 

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1policy. Nothing in this definition prohibits an individual from
2also meeting the definition of "supervisor" under subsection
3(r) of this Section.
4    (k) "Peace officer" means, for the purposes of this Act
5only, any persons who have been or are hereafter appointed to a
6police force, department, or agency and sworn or commissioned
7to perform police duties, except that the following persons are
8not included: part-time police officers, special police
9officers, auxiliary police as defined by Section 3.1-30-20 of
10the Illinois Municipal Code, night watchmen, "merchant
11police", court security officers as defined by Section 3-6012.1
12of the Counties Code, temporary employees, traffic guards or
13wardens, civilian parking meter and parking facilities
14personnel or other individuals specially appointed to aid or
15direct traffic at or near schools or public functions or to aid
16in civil defense or disaster, parking enforcement employees who
17are not commissioned as peace officers and who are not armed
18and who are not routinely expected to effect arrests, parking
19lot attendants, clerks and dispatchers or other civilian
20employees of a police department who are not routinely expected
21to effect arrests, or elected officials.
22    (l) "Person" includes one or more individuals, labor
23organizations, public employees, associations, corporations,
24legal representatives, trustees, trustees in bankruptcy,
25receivers, or the State of Illinois or any political
26subdivision of the State or governing body, but does not

 

 

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1include the General Assembly of the State of Illinois or any
2individual employed by the General Assembly of the State of
3Illinois.
4    (m) "Professional employee" means any employee engaged in
5work predominantly intellectual and varied in character rather
6than routine mental, manual, mechanical or physical work;
7involving the consistent exercise of discretion and adjustment
8in its performance; of such a character that the output
9produced or the result accomplished cannot be standardized in
10relation to a given period of time; and requiring advanced
11knowledge in a field of science or learning customarily
12acquired by a prolonged course of specialized intellectual
13instruction and study in an institution of higher learning or a
14hospital, as distinguished from a general academic education or
15from apprenticeship or from training in the performance of
16routine mental, manual, or physical processes; or any employee
17who has completed the courses of specialized intellectual
18instruction and study prescribed in this subsection (m) and is
19performing related work under the supervision of a professional
20person to qualify to become a professional employee as defined
21in this subsection (m).
22    (n) "Public employee" or "employee", for the purposes of
23this Act, means any individual employed by a public employer,
24including (i) interns and residents at public hospitals, (ii)
25as of the effective date of this amendatory Act of the 93rd
26General Assembly, but not before, personal assistants working

 

 

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1under the Home Services Program under Section 3 of the
2Rehabilitation of Persons with Disabilities Act, subject to the
3limitations set forth in this Act and in the Rehabilitation of
4Persons with Disabilities Act, (iii) as of the effective date
5of this amendatory Act of the 94th General Assembly, but not
6before, child and day care home providers participating in the
7child care assistance program under Section 9A-11 of the
8Illinois Public Aid Code, subject to the limitations set forth
9in this Act and in Section 9A-11 of the Illinois Public Aid
10Code, (iv) as of January 29, 2013 (the effective date of Public
11Act 97-1158), but not before except as otherwise provided in
12this subsection (n), home care and home health workers who
13function as personal assistants and individual maintenance
14home health workers and who also work under the Home Services
15Program under Section 3 of the Rehabilitation of Persons with
16Disabilities Act, no matter whether the State provides those
17services through direct fee-for-service arrangements, with the
18assistance of a managed care organization or other
19intermediary, or otherwise, (v) beginning on the effective date
20of this amendatory Act of the 98th General Assembly and
21notwithstanding any other provision of this Act, any person
22employed by a public employer and who is classified as or who
23holds the employment title of Chief Stationary Engineer,
24Assistant Chief Stationary Engineer, Sewage Plant Operator,
25Water Plant Operator, Stationary Engineer, Plant Operating
26Engineer, and any other employee who holds the position of:

 

 

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1Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
2Technical Manager I, Technical Manager II, Technical Manager
3III, Technical Manager IV, Technical Manager V, Technical
4Manager VI, Realty Specialist III, Realty Specialist IV, Realty
5Specialist V, Technical Advisor I, Technical Advisor II,
6Technical Advisor III, Technical Advisor IV, or Technical
7Advisor V employed by the Department of Transportation who is
8in a position which is certified in a bargaining unit on or
9before the effective date of this amendatory Act of the 98th
10General Assembly, and (vi) beginning on the effective date of
11this amendatory Act of the 98th General Assembly and
12notwithstanding any other provision of this Act, any mental
13health administrator in the Department of Corrections who is
14classified as or who holds the position of Public Service
15Administrator (Option 8K), any employee of the Office of the
16Inspector General in the Department of Human Services who is
17classified as or who holds the position of Public Service
18Administrator (Option 7), any Deputy of Intelligence in the
19Department of Corrections who is classified as or who holds the
20position of Public Service Administrator (Option 7), and any
21employee of the Department of State Police who handles issues
22concerning the Illinois State Police Sex Offender Registry and
23who is classified as or holds the position of Public Service
24Administrator (Option 7), but excluding all of the following:
25employees of the General Assembly of the State of Illinois;
26elected officials; executive heads of a department; members of

 

 

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1boards or commissions; the Executive Inspectors General; any
2special Executive Inspectors General; employees of each Office
3of an Executive Inspector General; commissioners and employees
4of the Executive Ethics Commission; the Auditor General's
5Inspector General; employees of the Office of the Auditor
6General's Inspector General; the Legislative Inspector
7General; any special Legislative Inspectors General; employees
8of the Office of the Legislative Inspector General;
9commissioners and employees of the Legislative Ethics
10Commission; employees of any agency, board or commission
11created by this Act; employees appointed to State positions of
12a temporary or emergency nature; all employees of school
13districts and higher education institutions except
14firefighters and peace officers employed by a state university
15and except peace officers employed by a school district in its
16own police department in existence on the effective date of
17this amendatory Act of the 96th General Assembly; managerial
18employees; short-term employees; legislative liaisons; a
19person who is a State employee under the jurisdiction of the
20Office of the Attorney General who is licensed to practice law
21or whose position authorizes, either directly or indirectly,
22meaningful input into government decision-making on issues
23where there is room for principled disagreement on goals or
24their implementation; a person who is a State employee under
25the jurisdiction of the Office of the Comptroller who holds the
26position of Public Service Administrator or whose position is

 

 

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1otherwise exempt under the Comptroller Merit Employment Code; a
2person who is a State employee under the jurisdiction of the
3Secretary of State who holds the position classification of
4Executive I or higher, whose position authorizes, either
5directly or indirectly, meaningful input into government
6decision-making on issues where there is room for principled
7disagreement on goals or their implementation, or who is
8otherwise exempt under the Secretary of State Merit Employment
9Code; employees in the Office of the Secretary of State who are
10completely exempt from jurisdiction B of the Secretary of State
11Merit Employment Code and who are in Rutan-exempt positions on
12or after April 5, 2013 (the effective date of Public Act
1397-1172); a person who is a State employee under the
14jurisdiction of the Treasurer who holds a position that is
15exempt from the State Treasurer Employment Code; any employee
16of a State agency who (i) holds the title or position of, or
17exercises substantially similar duties as a legislative
18liaison, Agency General Counsel, Agency Chief of Staff, Agency
19Executive Director, Agency Deputy Director, Agency Chief
20Fiscal Officer, Agency Human Resources Director, Public
21Information Officer, or Chief Information Officer and (ii) was
22neither included in a bargaining unit nor subject to an active
23petition for certification in a bargaining unit; any employee
24of a State agency who (i) is in a position that is
25Rutan-exempt, as designated by the employer, and completely
26exempt from jurisdiction B of the Personnel Code and (ii) was

 

 

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1neither included in a bargaining unit nor subject to an active
2petition for certification in a bargaining unit; any term
3appointed employee of a State agency pursuant to Section 8b.18
4or 8b.19 of the Personnel Code who was neither included in a
5bargaining unit nor subject to an active petition for
6certification in a bargaining unit; any employment position
7properly designated pursuant to Section 6.1 of this Act;
8confidential employees; independent contractors; and
9supervisors except as provided in this Act.
10    Home care and home health workers who function as personal
11assistants and individual maintenance home health workers and
12who also work under the Home Services Program under Section 3
13of the Rehabilitation of Persons with Disabilities Act shall
14not be considered public employees for any purposes not
15specifically provided for in Public Act 93-204 or Public Act
1697-1158, including but not limited to, purposes of vicarious
17liability in tort and purposes of statutory retirement or
18health insurance benefits. Home care and home health workers
19who function as personal assistants and individual maintenance
20home health workers and who also work under the Home Services
21Program under Section 3 of the Rehabilitation of Persons with
22Disabilities Act shall not be covered by the State Employees
23Group Insurance Act of 1971 (5 ILCS 375/).
24    Child and day care home providers shall not be considered
25public employees for any purposes not specifically provided for
26in this amendatory Act of the 94th General Assembly, including

 

 

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1but not limited to, purposes of vicarious liability in tort and
2purposes of statutory retirement or health insurance benefits.
3Child and day care home providers shall not be covered by the
4State Employees Group Insurance Act of 1971.
5    Notwithstanding Section 9, subsection (c), or any other
6provisions of this Act, all peace officers above the rank of
7captain in municipalities with more than 1,000,000 inhabitants
8shall be excluded from this Act.
9    (o) Except as otherwise in subsection (o-5), "public
10employer" or "employer" means the State of Illinois; any
11political subdivision of the State, unit of local government or
12school district; authorities including departments, divisions,
13bureaus, boards, commissions, or other agencies of the
14foregoing entities; and any person acting within the scope of
15his or her authority, express or implied, on behalf of those
16entities in dealing with its employees. As of the effective
17date of the amendatory Act of the 93rd General Assembly, but
18not before, the State of Illinois shall be considered the
19employer of the personal assistants working under the Home
20Services Program under Section 3 of the Rehabilitation of
21Persons with Disabilities Act, subject to the limitations set
22forth in this Act and in the Rehabilitation of Persons with
23Disabilities Act. As of January 29, 2013 (the effective date of
24Public Act 97-1158), but not before except as otherwise
25provided in this subsection (o), the State shall be considered
26the employer of home care and home health workers who function

 

 

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1as personal assistants and individual maintenance home health
2workers and who also work under the Home Services Program under
3Section 3 of the Rehabilitation of Persons with Disabilities
4Act, no matter whether the State provides those services
5through direct fee-for-service arrangements, with the
6assistance of a managed care organization or other
7intermediary, or otherwise, but subject to the limitations set
8forth in this Act and the Rehabilitation of Persons with
9Disabilities Act. The State shall not be considered to be the
10employer of home care and home health workers who function as
11personal assistants and individual maintenance home health
12workers and who also work under the Home Services Program under
13Section 3 of the Rehabilitation of Persons with Disabilities
14Act, for any purposes not specifically provided for in Public
15Act 93-204 or Public Act 97-1158, including but not limited to,
16purposes of vicarious liability in tort and purposes of
17statutory retirement or health insurance benefits. Home care
18and home health workers who function as personal assistants and
19individual maintenance home health workers and who also work
20under the Home Services Program under Section 3 of the
21Rehabilitation of Persons with Disabilities Act shall not be
22covered by the State Employees Group Insurance Act of 1971 (5
23ILCS 375/). As of the effective date of this amendatory Act of
24the 94th General Assembly but not before, the State of Illinois
25shall be considered the employer of the day and child care home
26providers participating in the child care assistance program

 

 

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1under Section 9A-11 of the Illinois Public Aid Code, subject to
2the limitations set forth in this Act and in Section 9A-11 of
3the Illinois Public Aid Code. The State shall not be considered
4to be the employer of child and day care home providers for any
5purposes not specifically provided for in this amendatory Act
6of the 94th General Assembly, including but not limited to,
7purposes of vicarious liability in tort and purposes of
8statutory retirement or health insurance benefits. Child and
9day care home providers shall not be covered by the State
10Employees Group Insurance Act of 1971.
11    "Public employer" or "employer" as used in this Act,
12however, does not mean and shall not include the General
13Assembly of the State of Illinois, the Executive Ethics
14Commission, the Offices of the Executive Inspectors General,
15the Legislative Ethics Commission, the Office of the
16Legislative Inspector General, the Office of the Auditor
17General's Inspector General, the Office of the Governor, the
18Governor's Office of Management and Budget, the Illinois
19Finance Authority, the Office of the Lieutenant Governor, the
20State Board of Elections, and educational employers or
21employers as defined in the Illinois Educational Labor
22Relations Act, except with respect to a state university in its
23employment of firefighters and peace officers and except with
24respect to a school district in the employment of peace
25officers in its own police department in existence on the
26effective date of this amendatory Act of the 96th General

 

 

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1Assembly. County boards and county sheriffs shall be designated
2as joint or co-employers of county peace officers appointed
3under the authority of a county sheriff. Nothing in this
4subsection (o) shall be construed to prevent the State Panel or
5the Local Panel from determining that employers are joint or
6co-employers.
7    (o-5) With respect to wages, fringe benefits, hours,
8holidays, vacations, proficiency examinations, sick leave, and
9other conditions of employment, the public employer of public
10employees who are court reporters, as defined in the Court
11Reporters Act, shall be determined as follows:
12        (1) For court reporters employed by the Cook County
13    Judicial Circuit, the chief judge of the Cook County
14    Circuit Court is the public employer and employer
15    representative.
16        (2) For court reporters employed by the 12th, 18th,
17    19th, and, on and after December 4, 2006, the 22nd judicial
18    circuits, a group consisting of the chief judges of those
19    circuits, acting jointly by majority vote, is the public
20    employer and employer representative.
21        (3) For court reporters employed by all other judicial
22    circuits, a group consisting of the chief judges of those
23    circuits, acting jointly by majority vote, is the public
24    employer and employer representative.
25    (p) "Security employee" means an employee who is
26responsible for the supervision and control of inmates at

 

 

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1correctional facilities. The term also includes other
2non-security employees in bargaining units having the majority
3of employees being responsible for the supervision and control
4of inmates at correctional facilities.
5    (q) "Short-term employee" means an employee who is employed
6for less than 2 consecutive calendar quarters during a calendar
7year and who does not have a reasonable assurance that he or
8she will be rehired by the same employer for the same service
9in a subsequent calendar year.
10    (q-5) "State agency" means an agency directly responsible
11to the Governor, as defined in Section 3.1 of the Executive
12Reorganization Implementation Act, and the Illinois Commerce
13Commission, the Illinois Workers' Compensation Commission, the
14Civil Service Commission, the Pollution Control Board, the
15Illinois Racing Board, and the Department of State Police Merit
16Board.
17    (r) "Supervisor" is:
18        (1) An employee whose principal work is substantially
19    different from that of his or her subordinates and who has
20    authority, in the interest of the employer, to hire,
21    transfer, suspend, lay off, recall, promote, discharge,
22    direct, reward, or discipline employees, to adjust their
23    grievances, or to effectively recommend any of those
24    actions, if the exercise of that authority is not of a
25    merely routine or clerical nature, but requires the
26    consistent use of independent judgment. Except with

 

 

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1    respect to police employment, the term "supervisor"
2    includes only those individuals who devote a preponderance
3    of their employment time to exercising that authority,
4    State supervisors notwithstanding. Nothing in this
5    definition prohibits an individual from also meeting the
6    definition of "managerial employee" under subsection (j)
7    of this Section. In addition, in determining supervisory
8    status in police employment, rank shall not be
9    determinative. The Board shall consider, as evidence of
10    bargaining unit inclusion or exclusion, the common law
11    enforcement policies and relationships between police
12    officer ranks and certification under applicable civil
13    service law, ordinances, personnel codes, or Division 2.1
14    of Article 10 of the Illinois Municipal Code, but these
15    factors shall not be the sole or predominant factors
16    considered by the Board in determining police supervisory
17    status.
18        Notwithstanding the provisions of the preceding
19    paragraph, in determining supervisory status in fire
20    fighter employment, no fire fighter shall be excluded as a
21    supervisor who has established representation rights under
22    Section 9 of this Act. Further, in new fire fighter units,
23    employees shall consist of fire fighters of the rank of
24    company officer and below. If a company officer otherwise
25    qualifies as a supervisor under the preceding paragraph,
26    however, he or she shall not be included in the fire

 

 

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1    fighter unit. If there is no rank between that of chief and
2    the highest company officer, the employer may designate a
3    position on each shift as a Shift Commander, and the
4    persons occupying those positions shall be supervisors.
5    All other ranks above that of company officer shall be
6    supervisors.
7        (2) With respect only to State employees in positions
8    under the jurisdiction of the Attorney General, Secretary
9    of State, Comptroller, or Treasurer (i) that were certified
10    in a bargaining unit on or after December 2, 2008, (ii) for
11    which a petition is filed with the Illinois Public Labor
12    Relations Board on or after April 5, 2013 (the effective
13    date of Public Act 97-1172), or (iii) for which a petition
14    is pending before the Illinois Public Labor Relations Board
15    on that date, an employee who qualifies as a supervisor
16    under (A) Section 152 of the National Labor Relations Act
17    and (B) orders of the National Labor Relations Board
18    interpreting that provision or decisions of courts
19    reviewing decisions of the National Labor Relations Board.
20    (s)(1) "Unit" means a class of jobs or positions that are
21held by employees whose collective interests may suitably be
22represented by a labor organization for collective bargaining.
23Except with respect to non-State fire fighters and paramedics
24employed by fire departments and fire protection districts,
25non-State peace officers, and peace officers in the Department
26of State Police, a bargaining unit determined by the Board

 

 

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1shall not include both employees and supervisors, or
2supervisors only, except as provided in paragraph (2) of this
3subsection (s) and except for bargaining units in existence on
4July 1, 1984 (the effective date of this Act). With respect to
5non-State fire fighters and paramedics employed by fire
6departments and fire protection districts, non-State peace
7officers, and peace officers in the Department of State Police,
8a bargaining unit determined by the Board shall not include
9both supervisors and nonsupervisors, or supervisors only,
10except as provided in paragraph (2) of this subsection (s) and
11except for bargaining units in existence on January 1, 1986
12(the effective date of this amendatory Act of 1985). A
13bargaining unit determined by the Board to contain peace
14officers shall contain no employees other than peace officers
15unless otherwise agreed to by the employer and the labor
16organization or labor organizations involved. Notwithstanding
17any other provision of this Act, a bargaining unit, including a
18historical bargaining unit, containing sworn peace officers of
19the Department of Natural Resources (formerly designated the
20Department of Conservation) shall contain no employees other
21than such sworn peace officers upon the effective date of this
22amendatory Act of 1990 or upon the expiration date of any
23collective bargaining agreement in effect upon the effective
24date of this amendatory Act of 1990 covering both such sworn
25peace officers and other employees.
26    (2) Notwithstanding the exclusion of supervisors from

 

 

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1bargaining units as provided in paragraph (1) of this
2subsection (s), a public employer may agree to permit its
3supervisory employees to form bargaining units and may bargain
4with those units. This Act shall apply if the public employer
5chooses to bargain under this subsection.
6    (3) Public employees who are court reporters, as defined in
7the Court Reporters Act, shall be divided into 3 units for
8collective bargaining purposes. One unit shall be court
9reporters employed by the Cook County Judicial Circuit; one
10unit shall be court reporters employed by the 12th, 18th, 19th,
11and, on and after December 4, 2006, the 22nd judicial circuits;
12and one unit shall be court reporters employed by all other
13judicial circuits.
14    (t) "Active petition for certification in a bargaining
15unit" means a petition for certification filed with the Board
16under one of the following case numbers: S-RC-11-110;
17S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
18S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
19S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
20S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
21S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
22S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
23S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
24S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
25S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
26S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

 

 

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1S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
2S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
3S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
4S-RC-07-100.
5(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
699-143, eff. 7-27-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.