101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3455

 

Introduced , by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/6  from Ch. 48, par. 1606
5 ILCS 315/7  from Ch. 48, par. 1607
5 ILCS 315/10  from Ch. 48, par. 1610
5 ILCS 315/14  from Ch. 48, par. 1614
5 ILCS 315/17  from Ch. 48, par. 1617

    Provides that this Act may be cited as the Public Workers' Rights Act. Amends the Illinois Public Labor Relations Act. Removes provisions concerning fair share agreements. Adds requirements concerning the representation of public employees by exclusive bargaining representatives, including dues deduction authorization provisions, negotiation of collective bargaining agreements, and representation in grievance proceedings. Includes telecommunicators in provisions applying to public safety personnel under the Act. Provides that employees who participate in a strike, work stoppage, or slow down as the result of unfair labor practices committed by the employer shall not be subject to discipline by the employer for such actions. Defines and modifies terms. Makes conforming changes. Effective immediately.


LRB101 10226 RJF 55330 b

 

 

A BILL FOR

 

HB3455LRB101 10226 RJF 55330 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 1. This Act may be cited as the Public Workers'
5Rights Act.
 
6    Section 5. The Illinois Public Labor Relations Act is
7amended by changing Sections 3, 6, 7, 10, 14, and 17 as
8follows:
 
9    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
10    Sec. 3. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Board" means the Illinois Labor Relations Board or,
13with respect to a matter over which the jurisdiction of the
14Board is assigned to the State Panel or the Local Panel under
15Section 5, the panel having jurisdiction over the matter.
16    (b) "Collective bargaining" means bargaining over terms
17and conditions of employment, including hours, wages, and other
18conditions of employment, as detailed in Section 7 and which
19are not excluded by Section 4.
20    (c) "Confidential employee" means an employee who, in the
21regular course of his or her duties, assists and acts in a
22confidential capacity to persons who formulate, determine, and

 

 

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

 

 

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1exclusive bargaining representative by a majority of the
2employees in an appropriate bargaining unit; (iv) recognized as
3the exclusive bargaining representative of personal assistants
4under Executive Order 2003-8 prior to the effective date of
5this amendatory Act of the 93rd General Assembly, and the
6organization shall be considered to be the exclusive bargaining
7representative of the personal assistants as defined in this
8Section; or (v) recognized as the exclusive bargaining
9representative of child and day care home providers, including
10licensed and license exempt providers, pursuant to an election
11held under Executive Order 2005-1 prior to the effective date
12of this amendatory Act of the 94th General Assembly, and the
13organization shall be considered to be the exclusive bargaining
14representative of the child and day care home providers as
15defined in this Section.
16    With respect to non-State fire fighters and paramedics
17employed by fire departments and fire protection districts,
18non-State peace officers, and peace officers in the Department
19of State Police, "exclusive representative" means the labor
20organization that has been (i) designated by the Board as the
21representative of a majority of peace officers or fire fighters
22in an appropriate bargaining unit in accordance with the
23procedures contained in this Act, (ii) historically recognized
24by the State of Illinois or any political subdivision of the
25State before January 1, 1986 (the effective date of this
26amendatory Act of 1985) as the exclusive bargaining

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit, or (iii) after
3January 1, 1986 (the effective date of this amendatory Act of
41985) recognized by an employer upon evidence, acceptable to
5the Board, that the labor organization has been designated as
6the exclusive bargaining representative by a majority of the
7peace officers or fire fighters in an appropriate bargaining
8unit.
9    Where a historical pattern of representation exists for the
10workers of a water system that was owned by a public utility,
11as defined in Section 3-105 of the Public Utilities Act, prior
12to becoming certified employees of a municipality or
13municipalities once the municipality or municipalities have
14acquired the water system as authorized in Section 11-124-5 of
15the Illinois Municipal Code, the Board shall find the labor
16organization that has historically represented the workers to
17be the exclusive bargaining representative under this Act, and
18shall find the unit represented by the exclusive bargaining
19representative to be the appropriate unit.
20    (g) (Blank). "Fair share agreement" means an agreement
21between the employer and an employee organization under which
22all or any of the employees in a collective bargaining unit are
23required to pay their proportionate share of the costs of the
24collective bargaining process, contract administration, and
25pursuing matters affecting wages, hours, and other conditions
26of employment, but not to exceed the amount of dues uniformly

 

 

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

 

 

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1Support Services and any legislative support services agency
2listed in the Legislative Commission Reorganization Act of
31984.
4    (h) "Governing body" means, in the case of the State, the
5State Panel of the Illinois Labor Relations Board, the Director
6of the Department of Central Management Services, and the
7Director of the Department of Labor; the county board in the
8case of a county; the corporate authorities in the case of a
9municipality; and the appropriate body authorized to provide
10for expenditures of its funds in the case of any other unit of
11government.
12    (i) "Labor organization" means any organization in which
13public employees participate and that exists for the purpose,
14in whole or in part, of dealing with a public employer
15concerning wages, hours, and other terms and conditions of
16employment, including the settlement of grievances.
17    (i-5) "Legislative liaison" means a person who is an
18employee of a State agency, the Attorney General, the Secretary
19of State, the Comptroller, or the Treasurer, as the case may
20be, and whose job duties require the person to regularly
21communicate in the course of his or her employment with any
22official or staff of the General Assembly of the State of
23Illinois for the purpose of influencing any legislative action.
24    (j) "Managerial employee" means an individual who is
25engaged predominantly in executive and management functions
26and is charged with the responsibility of directing the

 

 

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

 

 

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1officers, auxiliary police as defined by Section 3.1-30-20 of
2the Illinois Municipal Code, night watchmen, "merchant
3police", court security officers as defined by Section 3-6012.1
4of the Counties Code, temporary employees, traffic guards or
5wardens, civilian parking meter and parking facilities
6personnel or other individuals specially appointed to aid or
7direct traffic at or near schools or public functions or to aid
8in civil defense or disaster, parking enforcement employees who
9are not commissioned as peace officers and who are not armed
10and who are not routinely expected to effect arrests, parking
11lot attendants, clerks and dispatchers or other civilian
12employees of a police department who are not routinely expected
13to effect arrests, or elected officials.
14    (l) "Person" includes one or more individuals, labor
15organizations, public employees, associations, corporations,
16legal representatives, trustees, trustees in bankruptcy,
17receivers, or the State of Illinois or any political
18subdivision of the State or governing body, but does not
19include the General Assembly of the State of Illinois or any
20individual employed by the General Assembly of the State of
21Illinois.
22    (m) "Professional employee" means any employee engaged in
23work predominantly intellectual and varied in character rather
24than routine mental, manual, mechanical or physical work;
25involving the consistent exercise of discretion and adjustment
26in its performance; of such a character that the output

 

 

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

 

 

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

 

 

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1before the effective date of this amendatory Act of the 98th
2General Assembly, and (vi) beginning on the effective date of
3this amendatory Act of the 98th General Assembly and
4notwithstanding any other provision of this Act, any mental
5health administrator in the Department of Corrections who is
6classified as or who holds the position of Public Service
7Administrator (Option 8K), any employee of the Office of the
8Inspector General in the Department of Human Services who is
9classified as or who holds the position of Public Service
10Administrator (Option 7), any Deputy of Intelligence in the
11Department of Corrections who is classified as or who holds the
12position of Public Service Administrator (Option 7), and any
13employee of the Department of State Police who handles issues
14concerning the Illinois State Police Sex Offender Registry and
15who is classified as or holds the position of Public Service
16Administrator (Option 7), but excluding all of the following:
17employees of the General Assembly of the State of Illinois;
18elected officials; executive heads of a department; members of
19boards or commissions; the Executive Inspectors General; any
20special Executive Inspectors General; employees of each Office
21of an Executive Inspector General; commissioners and employees
22of the Executive Ethics Commission; the Auditor General's
23Inspector General; employees of the Office of the Auditor
24General's Inspector General; the Legislative Inspector
25General; any special Legislative Inspectors General; employees
26of the Office of the Legislative Inspector General;

 

 

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

 

 

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1Code; employees in the Office of the Secretary of State who are
2completely exempt from jurisdiction B of the Secretary of State
3Merit Employment Code and who are in Rutan-exempt positions on
4or after April 5, 2013 (the effective date of Public Act
597-1172); a person who is a State employee under the
6jurisdiction of the Treasurer who holds a position that is
7exempt from the State Treasurer Employment Code; any employee
8of a State agency who (i) holds the title or position of, or
9exercises substantially similar duties as a legislative
10liaison, Agency General Counsel, Agency Chief of Staff, Agency
11Executive Director, Agency Deputy Director, Agency Chief
12Fiscal Officer, Agency Human Resources Director, Public
13Information Officer, or Chief Information Officer and (ii) was
14neither included in a bargaining unit nor subject to an active
15petition for certification in a bargaining unit; any employee
16of a State agency who (i) is in a position that is
17Rutan-exempt, as designated by the employer, and completely
18exempt from jurisdiction B of the Personnel Code and (ii) was
19neither included in a bargaining unit nor subject to an active
20petition for certification in a bargaining unit; any term
21appointed employee of a State agency pursuant to Section 8b.18
22or 8b.19 of the Personnel Code who was neither included in a
23bargaining unit nor subject to an active petition for
24certification in a bargaining unit; any employment position
25properly designated pursuant to Section 6.1 of this Act;
26confidential employees; independent contractors; and

 

 

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1supervisors except as provided in this Act.
2    Home care and home health workers who function as personal
3assistants and individual maintenance home health workers and
4who also work under the Home Services Program under Section 3
5of the Rehabilitation of Persons with Disabilities Act shall
6not be considered public employees for any purposes not
7specifically provided for in Public Act 93-204 or Public Act
897-1158, including but not limited to, purposes of vicarious
9liability in tort and purposes of statutory retirement or
10health insurance benefits. Home care and home health workers
11who function as personal assistants and individual maintenance
12home health workers and who also work under the Home Services
13Program under Section 3 of the Rehabilitation of Persons with
14Disabilities Act shall not be covered by the State Employees
15Group Insurance Act of 1971 (5 ILCS 375/).
16    Child and day care home providers shall not be considered
17public employees for any purposes not specifically provided for
18in this amendatory Act of the 94th General Assembly, including
19but not limited to, purposes of vicarious liability in tort and
20purposes of statutory retirement or health insurance benefits.
21Child and day care home providers shall not be covered by the
22State Employees Group Insurance Act of 1971.
23    Notwithstanding Section 9, subsection (c), or any other
24provisions of this Act, all peace officers above the rank of
25captain in municipalities with more than 1,000,000 inhabitants
26shall be excluded from this Act.

 

 

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

 

 

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

 

 

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1day care home providers shall not be covered by the State
2Employees Group Insurance Act of 1971.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, the Office of the Governor, the
10Governor's Office of Management and Budget, the Illinois
11Finance Authority, the Office of the Lieutenant Governor, the
12State Board of Elections, and educational employers or
13employers as defined in the Illinois Educational Labor
14Relations Act, except with respect to a state university in its
15employment of firefighters and peace officers and except with
16respect to a school district in the employment of peace
17officers in its own police department in existence on the
18effective date of this amendatory Act of the 96th General
19Assembly. County boards and county sheriffs shall be designated
20as joint or co-employers of county peace officers appointed
21under the authority of a county sheriff. Nothing in this
22subsection (o) shall be construed to prevent the State Panel or
23the Local Panel from determining that employers are joint or
24co-employers.
25    (o-5) With respect to wages, fringe benefits, hours,
26holidays, vacations, proficiency examinations, sick leave, and

 

 

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

 

 

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1in a subsequent calendar year.
2    (q-5) "State agency" means an agency directly responsible
3to the Governor, as defined in Section 3.1 of the Executive
4Reorganization Implementation Act, and the Illinois Commerce
5Commission, the Illinois Workers' Compensation Commission, the
6Civil Service Commission, the Pollution Control Board, the
7Illinois Racing Board, and the Department of State Police Merit
8Board.
9    (r) "Supervisor" is:
10        (1) An employee whose principal work is substantially
11    different from that of his or her subordinates and who has
12    authority, in the interest of the employer, to hire,
13    transfer, suspend, lay off, recall, promote, discharge,
14    direct, reward, or discipline employees, to adjust their
15    grievances, or to effectively recommend any of those
16    actions, if the exercise of that authority is not of a
17    merely routine or clerical nature, but requires the
18    consistent use of independent judgment. Except with
19    respect to police employment, the term "supervisor"
20    includes only those individuals who devote a preponderance
21    of their employment time to exercising that authority,
22    State supervisors notwithstanding. Nothing in this
23    definition prohibits an individual from also meeting the
24    definition of "managerial employee" under subsection (j)
25    of this Section. In addition, in determining supervisory
26    status in police employment, rank shall not be

 

 

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

 

 

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1    of State, Comptroller, or Treasurer (i) that were certified
2    in a bargaining unit on or after December 2, 2008, (ii) for
3    which a petition is filed with the Illinois Public Labor
4    Relations Board on or after April 5, 2013 (the effective
5    date of Public Act 97-1172), or (iii) for which a petition
6    is pending before the Illinois Public Labor Relations Board
7    on that date, an employee who qualifies as a supervisor
8    under (A) Section 152 of the National Labor Relations Act
9    and (B) orders of the National Labor Relations Board
10    interpreting that provision or decisions of courts
11    reviewing decisions of the National Labor Relations Board.
12    (s)(1) "Unit" means a class of jobs or positions that are
13held by employees whose collective interests may suitably be
14represented by a labor organization for collective bargaining.
15Except with respect to non-State fire fighters and paramedics
16employed by fire departments and fire protection districts,
17non-State peace officers, and peace officers in the Department
18of State Police, a bargaining unit determined by the Board
19shall not include both employees and supervisors, or
20supervisors only, except as provided in paragraph (2) of this
21subsection (s) and except for bargaining units in existence on
22July 1, 1984 (the effective date of this Act). With respect to
23non-State fire fighters and paramedics employed by fire
24departments and fire protection districts, non-State peace
25officers, and peace officers in the Department of State Police,
26a bargaining unit determined by the Board shall not include

 

 

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1both supervisors and nonsupervisors, or supervisors only,
2except as provided in paragraph (2) of this subsection (s) and
3except for bargaining units in existence on January 1, 1986
4(the effective date of this amendatory Act of 1985). A
5bargaining unit determined by the Board to contain peace
6officers shall contain no employees other than peace officers
7unless otherwise agreed to by the employer and the labor
8organization or labor organizations involved. Notwithstanding
9any other provision of this Act, a bargaining unit, including a
10historical bargaining unit, containing sworn peace officers of
11the Department of Natural Resources (formerly designated the
12Department of Conservation) shall contain no employees other
13than such sworn peace officers upon the effective date of this
14amendatory Act of 1990 or upon the expiration date of any
15collective bargaining agreement in effect upon the effective
16date of this amendatory Act of 1990 covering both such sworn
17peace officers and other employees.
18    (2) (Blank). Notwithstanding the exclusion of supervisors
19from bargaining units as provided in paragraph (1) of this
20subsection (s), a public employer may agree to permit its
21supervisory employees to form bargaining units and may bargain
22with those units. This Act shall apply if the public employer
23chooses to bargain under this subsection.
24    (3) Public employees who are court reporters, as defined in
25the Court Reporters Act, shall be divided into 3 units for
26collective bargaining purposes. One unit shall be court

 

 

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1reporters employed by the Cook County Judicial Circuit; one
2unit shall be court reporters employed by the 12th, 18th, 19th,
3and, on and after December 4, 2006, the 22nd judicial circuits;
4and one unit shall be court reporters employed by all other
5judicial circuits.
6    (t) "Active petition for certification in a bargaining
7unit" means a petition for certification filed with the Board
8under one of the following case numbers: S-RC-11-110;
9S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
10S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
11S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
12S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
13S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
14S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
15S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
16S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
17S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
18S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
19S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
20S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
21S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
22S-RC-07-100.
23(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
24    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
25    Sec. 6. Right to organize and bargain collectively;

 

 

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1exclusive representation; and fair share arrangements.
2    (a) Employees of the State and any political subdivision of
3the State, excluding employees of the General Assembly of the
4State of Illinois and employees excluded from the definition of
5"public employee" under subsection (n) of Section 3 of this
6Act, have, and are protected in the exercise of, the right of
7self-organization, and may form, join or assist any labor
8organization, to bargain collectively through representatives
9of their own choosing on questions of wages, hours and other
10conditions of employment, not excluded by Section 4 of this
11Act, and to engage in other concerted activities not otherwise
12prohibited by law for the purposes of collective bargaining or
13other mutual aid or protection, free from interference,
14restraint or coercion. Employees also have, and are protected
15in the exercise of, the right to refrain from participating in
16any such concerted activities. Employees may be required,
17pursuant to the terms of a lawful fair share agreement, to pay
18a fee which shall be their proportionate share of the costs of
19the collective bargaining process, contract administration and
20pursuing matters affecting wages, hours and other conditions of
21employment as defined in Section 3(g).
22    (b) Nothing in this Act prevents a labor an employee from
23presenting a grievance to the employer and having the grievance
24heard and settled without the intervention of an employee
25organization; provided that the exclusive bargaining
26representative is afforded the opportunity to be present at

 

 

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1such conference or similar proceeding and that any settlement
2made shall not be inconsistent with the terms of any agreement
3in effect between the employer and the exclusive bargaining
4representative. However, while an employee may elect to present
5a grievance to the employer without intervention, the exclusive
6bargaining representative shall have the right to intervene in
7any proceeding that may affect the interpretation of the
8collective bargaining agreement in effect between the employer
9and exclusive bargaining representative.
10    The exclusive bargaining representative shall have no
11obligation to incur any costs or expenses associated with or
12related to a grievance or similar proceeding initiated or
13pursued by a bargaining unit employee who is a non-member or
14has elected to who has elected not to maintain membership in
15the labor organization that is the exclusive bargaining
16representative for a period of not less than 90 days prior to
17the initial events that gave rise to the grievance.
18    (c) A labor organization designated by the Board as the
19representative of the majority of public employees in an
20appropriate unit in accordance with the procedures herein or
21recognized by a public employer as the representative of the
22majority of public employees in an appropriate unit is the
23exclusive bargaining representative for the employees of such
24unit for the purpose of collective bargaining with respect to
25rates of pay, wages, hours and other conditions of employment
26not excluded by Section 4 of this Act.

 

 

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1        (1) A public employer is required upon request to
2    furnish the exclusive bargaining representative with a
3    complete list of the names and addresses of the public
4    employees in the bargaining unit, provided that a public
5    employer shall not be required to furnish such a list more
6    than once per payroll period. The exclusive bargaining
7    representative shall use the list exclusively for
8    bargaining representation purposes and shall not disclose
9    any information contained in the list for any other
10    purpose. Nothing in this Section, however, shall prohibit a
11    bargaining representative from disseminating a list of its
12    union members.
13        (2) Within 14 days of a public employee first being
14    employed or reemployed by a public employer, or within 14
15    days of being promoted or transferred into a new bargaining
16    unit, the public employer shall notify the exclusive
17    bargaining representative that represents that bargaining
18    unit, furnishing the employee's name, address, job title,
19    agency, department or other unit, and work location; and
20        (3) Within 14 days of providing the notice in paragraph
21    (2) of this subsection (c), a public employer shall allow a
22    duly appointed representative of the exclusive bargaining
23    representative that represents that bargaining unit to
24    meet with such employee for a reasonable amount of time
25    during his or her work time at no harm to the employee,
26    unless otherwise specified within an agreement bargained

 

 

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1    collectively under this Act; provided that arrangements
2    for such meeting must be scheduled in consultation with a
3    designated representative of the public employer.
4    (d) Labor organizations recognized by a public employer as
5the exclusive bargaining representative or so designated in
6accordance with the provisions of this Act are responsible for
7representing the interests of all public employees in the unit.
8Such an exclusive bargaining representative shall act for and
9negotiate collective bargaining agreements on behalf of all
10unit employees, regardless of membership status. Nothing
11herein shall be construed to limit an exclusive
12representative's right to exercise its discretion to refuse to
13process grievances of employees that are unmeritorious.
14        (1) Notwithstanding any other rules, regulations, or
15    laws to the contrary, nothing in this Act shall be
16    construed to limit a labor organization's right to exercise
17    its discretion to refuse to process grievances of unit
18    employees that are unmeritorious.
19        (2) Nothing is this Act shall be construed to require a
20    labor organization to represent bargaining unit employees
21    who are non-members or who have elected not to maintain
22    membership in the labor organization that is the exclusive
23    bargaining representative for a period of not less than 90
24    days prior to the initial events that gave rise to the
25    matter (i) during employer questioning, (ii) at any stage
26    of the grievance or arbitration process, (iii) in statutory

 

 

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1    or administrative proceedings, (iv) in any other
2    contractual process concerning the evaluation or
3    discipline of a public employee where the non-member is
4    permitted to proceed without the intervention of the labor
5    organization in its capacity as exclusive bargaining
6    representative, or (v) in any other matter. A labor
7    organization reserves the right, at its sole discretion, to
8    represent a unit employee who is also a non-member at the
9    proceedings and processes described in items (i) through
10    (v) in which the non-member agrees to pay the labor
11    organization fair market value for any services provided.
12        When a member or non-member elects to present a
13    grievance to the employer in accordance with subsection
14    (b), the exclusive bargaining representative shall have
15    the right to intervene in any proceeding that may affect
16    the interpretation of the collective bargaining agreement
17    negotiated with the employer.
18        (3) Nothing in this Act shall prohibit a labor
19    organization from providing legal, economic, or
20    employment-related services, benefits or the like, beyond
21    those provided for in the collective bargaining agreement,
22    to its dues paying members exclusively.
23    (e) (Blank). When a collective bargaining agreement is
24entered into with an exclusive representative, it may include
25in the agreement a provision requiring employees covered by the
26agreement who are not members of the organization to pay their

 

 

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1proportionate share of the costs of the collective bargaining
2process, contract administration and pursuing matters
3affecting wages, hours and conditions of employment, as defined
4in Section 3 (g), but not to exceed the amount of dues
5uniformly required of members. The organization shall certify
6to the employer the amount constituting each nonmember
7employee's proportionate share which shall not exceed dues
8uniformly required of members. In such case, the proportionate
9share payment in this Section shall be deducted by the employer
10from the earnings of the nonmember employees and paid to the
11employee organization.
12    (f) Only the exclusive bargaining representative may
13negotiate provisions in a collective bargaining agreement
14providing for the payroll deduction of labor organization dues
15and , fair share payment, initiation fees and assessments. Any
16Except as provided in subsection (e) of this Section, any such
17deductions shall only be made upon an employee's written
18authorization, and continued until revoked in writing in the
19same manner or until the termination date of an applicable
20collective bargaining agreement. Such payments shall be paid to
21the exclusive representative. Such deductions shall commence
22as soon as possible, but in no case later than 30 days after an
23employer receives an employee's signed written authorization
24for dues deductions or a copy thereof. Dues deductions shall be
25paid to the exclusive bargaining representative and shall
26continue until:

 

 

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1        (1) an employee revokes membership in accordance with
2    the written terms of the signed authorization card or in
3    accordance with the revocation procedures of the exclusive
4    bargaining representative; or
5        (2) an employee is no longer employed by the employer;
6    however, if such an employee becomes employed by the same
7    employer in a position represented by the same exclusive
8    bargaining representative within a one-year period, the
9    exclusive bargaining representative's right to dues
10    deductions shall be reinstated in accordance with the terms
11    of the latest applicable authorization card signed by the
12    employee.
13    Where a collective bargaining agreement is terminated, or
14continues in effect beyond its scheduled expiration date
15pending the negotiation of a successor agreement or the
16resolution of an impasse under Section 14, the employer shall
17continue to honor and abide by any dues deduction or fair share
18clause contained therein until a new agreement is reached
19including dues deduction or a fair share clause. For the
20benefit of any successor exclusive representative certified
21under this Act, this provision shall be applicable, provided
22the successor exclusive bargaining representative presents the
23employer with employee written authorizations or copies
24thereof for the deduction of dues, assessments, and fees under
25this subsection (f). A written authorization card or a copy
26thereof signed by the employee prior to the negotiation of the

 

 

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1successor agreement shall be accepted by the employer for
2purposes of this subsection (f). :
3    Should an individual employee who has signed a dues
4deduction authorization card be removed from an employer's
5payroll or otherwise placed on any type of involuntary or
6voluntary leave of absence, whether paid or unpaid, such
7employee's membership in a labor organization shall be
8continued upon the employee's return to the payroll or
9restoration to active duty from such leave of absence.
10        (i) certifies to the employer the amount constituting
11    each non-member's proportionate share under subsection
12    (e); or
13        (ii) presents the employer with employee written
14    authorizations for the deduction of dues, assessments, and
15    fees under this subsection.
16    Failure to so honor and abide by dues deduction or fair
17share clauses for the benefit of any exclusive bargaining
18representative, including a successor, shall be a violation of
19the duty to bargain and an unfair labor practice.
20    (g) Agreements containing a dues deduction clause fair
21share agreement must safeguard the right of nonassociation of
22employees based upon bona fide religious tenets or teachings of
23a church or religious body of which such employees are members.
24Such employees may be required to pay an amount equal to the
25membership dues to be paid by such employee, if such employee
26maintained membership in the labor organization their fair

 

 

HB3455- 32 -LRB101 10226 RJF 55330 b

1share, determined under a lawful fair share agreement, to a
2nonreligious charitable organization mutually agreed upon by
3the employees affected and the exclusive bargaining
4representative to which such employees would otherwise pay such
5service fee. If the affected employees and the bargaining
6representative are unable to reach an agreement on the matter,
7the Board may establish an approved list of charitable
8organizations to which such payments may be made.
9(Source: P.A. 97-1172, eff. 4-5-13.)
 
10    (5 ILCS 315/7)  (from Ch. 48, par. 1607)
11    Sec. 7. Duty to bargain. A public employer and the
12exclusive bargaining representative have the authority and the
13duty to bargain collectively set forth in this Section.
14    For the purposes of this Act, "to bargain collectively"
15means the performance of the mutual obligation of the public
16employer or his designated representative and the
17representative of the public employees to meet at reasonable
18times, including meetings in advance of the budget-making
19process, and to negotiate in good faith with respect to wages,
20hours, and other conditions of employment, not excluded by
21Section 4 of this Act, or the negotiation of an agreement, or
22any question arising thereunder and the execution of a written
23contract incorporating any agreement reached if requested by
24either party, but such obligation does not compel either party
25to agree to a proposal or require the making of a concession.

 

 

HB3455- 33 -LRB101 10226 RJF 55330 b

1    The duty "to bargain collectively" shall also include an
2obligation to negotiate over any matter with respect to wages,
3hours and other conditions of employment, not specifically
4provided for in any other law or not specifically in violation
5of the provisions of any law. If any other law pertains, in
6part, to a matter affecting the wages, hours and other
7conditions of employment, such other law shall not be construed
8as limiting the duty "to bargain collectively" and to enter
9into collective bargaining agreements containing clauses which
10either supplement, implement, or relate to the effect of such
11provisions in other laws.
12    The duty "to bargain collectively" shall also include
13negotiations as to the terms of a collective bargaining
14agreement. The parties may, by mutual agreement, provide for
15arbitration of impasses resulting from their inability to agree
16upon wages, hours and terms and conditions of employment to be
17included in a collective bargaining agreement. Such
18arbitration provisions shall be subject to the Illinois
19"Uniform Arbitration Act" unless agreed by the parties.
20    The duty "to bargain collectively" shall also mean that no
21party to a collective bargaining contract shall terminate or
22modify such contract, unless the party desiring such
23termination or modification:
24        (1) serves a written notice upon the other party to the
25    contract of the proposed termination or modification 60
26    days prior to the expiration date thereof, or in the event

 

 

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1    such contract contains no expiration date, 60 days prior to
2    the time it is proposed to make such termination or
3    modification;
4        (2) offers to meet and confer with the other party for
5    the purpose of negotiating a new contract or a contract
6    containing the proposed modifications;
7        (3) notifies the Board within 30 days after such notice
8    of the existence of a dispute, provided no agreement has
9    been reached by that time; and
10        (4) continues in full force and effect, without
11    resorting to strike or lockout, all the terms and
12    conditions of the existing contract for a period of 60 days
13    after such notice is given to the other party or until the
14    expiration date of such contract, whichever occurs later.
15    The duties imposed upon employers, employees and labor
16organizations by paragraphs (2), (3) and (4) shall become
17inapplicable upon an intervening certification of the Board,
18under which the labor organization, which is a party to the
19contract, has been superseded as or ceased to be the exclusive
20bargaining representative of the employees pursuant to the
21provisions of subsection (a) of Section 9, and the duties so
22imposed shall not be construed as requiring either party to
23discuss or agree to any modification of the terms and
24conditions contained in a contract for a fixed period, if such
25modification is to become effective before such terms and
26conditions can be reopened under the provisions of the

 

 

HB3455- 35 -LRB101 10226 RJF 55330 b

1contract.
2    Collective bargaining for home care and home health workers
3who function as personal assistants and individual maintenance
4home health workers under the Home Services Program shall be
5limited to the terms and conditions of employment under the
6State's control, as defined in Public Act 93-204 or this
7amendatory Act of the 97th General Assembly, as applicable.
8    Collective bargaining for child and day care home providers
9under the child care assistance program shall be limited to the
10terms and conditions of employment under the State's control,
11as defined in this amendatory Act of the 94th General Assembly.
12    Notwithstanding any other provision of this Section,
13whenever collective bargaining is for the purpose of
14establishing an initial agreement following original
15certification of units with fewer than 35 employees, with
16respect to public employees other than peace officers, fire
17fighters, and security employees, the following apply:
18        (1) Not later than 10 days after receiving a written
19    request for collective bargaining from a labor
20    organization that has been newly certified as a
21    representative as defined in Section 6(c), or within such
22    further period as the parties agree upon, the parties shall
23    meet and commence to bargain collectively and shall make
24    every reasonable effort to conclude and sign a collective
25    bargaining agreement.
26        (2) If anytime after the expiration of the 90-day

 

 

HB3455- 36 -LRB101 10226 RJF 55330 b

1    period beginning on the date on which bargaining is
2    commenced the parties have failed to reach an agreement,
3    either party may notify the Illinois Public Labor Relations
4    Board of the existence of a dispute and request mediation
5    in accordance with the provisions of Section 14 of this
6    Act.
7        (3) If after the expiration of the 30-day period
8    beginning on the date on which mediation commenced, or such
9    additional period as the parties may agree upon, the
10    mediator is not able to bring the parties to agreement by
11    conciliation, either the exclusive bargaining
12    representative of the employees or the employer may request
13    of the other, in writing, arbitration and shall submit a
14    copy of the request to the board. Upon submission of the
15    request for arbitration, the parties shall be required to
16    participate in the impasse arbitration procedures set
17    forth in Section 14 of this Act, except the right to strike
18    shall not be considered waived pursuant to Section 17 of
19    this Act, until the actual convening of the arbitration
20    hearing.
21(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
 
22    (5 ILCS 315/10)  (from Ch. 48, par. 1610)
23    Sec. 10. Unfair labor practices.
24    (a) It shall be an unfair labor practice for an employer or
25its agents:

 

 

HB3455- 37 -LRB101 10226 RJF 55330 b

1        (1) to interfere with, restrain or coerce public
2    employees in the exercise of the rights guaranteed in this
3    Act or to dominate or interfere with the formation,
4    existence or administration of any labor organization or
5    contribute financial or other support to it; provided, an
6    employer shall not be prohibited from permitting employees
7    to confer with him during working hours without loss of
8    time or pay;
9        (2) to discriminate in regard to hire or tenure of
10    employment or any term or condition of employment in order
11    to encourage or discourage membership in or other support
12    for any labor organization. Nothing in this Act or any
13    other law precludes a public employer from making an
14    agreement with a labor organization to require as a
15    condition of employment the payment of a fair share under
16    paragraph (e) of Section 6;
17        (3) to discharge or otherwise discriminate against a
18    public employee because he has signed or filed an
19    affidavit, petition or charge or provided any information
20    or testimony under this Act;
21        (4) to refuse to bargain collectively in good faith
22    with a labor organization which is the exclusive bargaining
23    representative of public employees in an appropriate unit,
24    including, but not limited to, the discussing of grievances
25    with the exclusive bargaining representative;
26        (5) to violate any of the rules and regulations

 

 

HB3455- 38 -LRB101 10226 RJF 55330 b

1    established by the Board with jurisdiction over them
2    relating to the conduct of representation elections or the
3    conduct affecting the representation elections;
4        (6) to expend or cause the expenditure of public funds
5    to any external agent, individual, firm, agency,
6    partnership or association in any attempt to influence the
7    outcome of representational elections held pursuant to
8    Section 9 of this Act; provided, that nothing in this
9    subsection shall be construed to limit an employer's right
10    to internally communicate with its employees as provided in
11    subsection (c) of this Section, to be represented on any
12    matter pertaining to unit determinations, unfair labor
13    practice charges or pre-election conferences in any formal
14    or informal proceeding before the Board, or to seek or
15    obtain advice from legal counsel. Nothing in this paragraph
16    shall be construed to prohibit an employer from expending
17    or causing the expenditure of public funds on, or seeking
18    or obtaining services or advice from, any organization,
19    group, or association established by and including public
20    or educational employers, whether covered by this Act, the
21    Illinois Educational Labor Relations Act or the public
22    employment labor relations law of any other state or the
23    federal government, provided that such services or advice
24    are generally available to the membership of the
25    organization, group or association, and are not offered
26    solely in an attempt to influence the outcome of a

 

 

HB3455- 39 -LRB101 10226 RJF 55330 b

1    particular representational election; or
2        (7) to refuse to reduce a collective bargaining
3    agreement to writing or to refuse to sign such agreement.
4    (b) It shall be an unfair labor practice for a labor
5organization or its agents:
6        (1) to restrain or coerce public employees in the
7    exercise of the rights guaranteed in this Act, provided: ,
8            (A) (i) that this paragraph shall not impair the
9        right of a labor organization to prescribe its own
10        rules with respect to the acquisition or retention of
11        membership therein or the determination of fair share
12        payments and;
13            (B) (ii) that a labor organization or its agents
14        shall commit an unfair labor practice under this
15        paragraph in duty of fair representation cases only by
16        intentional misconduct in representing employees under
17        this Act. The labor organization's duty of fair
18        representation to bargaining unit employees who are
19        also non-members shall be limited to acting on their
20        behalf for purposes of negotiating collective
21        bargaining agreements covering the interests of all
22        bargaining unit employees and contract enforcement,
23        regardless of membership status. ;
24            Nothing is this Act shall be construed to require a
25        labor organization to represent unit employees who are
26        non-members or who have elected not to maintain

 

 

HB3455- 40 -LRB101 10226 RJF 55330 b

1        membership in the labor organization that is the
2        exclusive bargaining representative for a period of
3        not less than 90 days prior to the initial events that
4        gave rise to the matter (i) during employer
5        questioning, (ii) at any stage of the grievance or
6        arbitration process, (iii) in statutory or
7        administrative proceedings, (iv) in any other
8        contractual process concerning the evaluation or
9        discipline of a public employee where the non-member is
10        permitted to proceed without the intervention of the
11        labor organization in its capacity as exclusive
12        bargaining representative, or (v) in any other matter.
13        A labor organization reserves the right, at its sole
14        discretion, to represent a unit employee who is also a
15        non-member at the proceedings and processes described
16        in items (i) through (v) of this subparagraph (B) in
17        which the non-member agrees to pay the labor
18        organization fair market value for the services
19        provided.
20            (C) Nothing in this Act shall prohibit a labor
21        organization from providing legal, economic, or
22        employment-related services, benefits, or the like,
23        beyond those provided for in the collective bargaining
24        agreement, to its dues paying members exclusively.
25        (2) to restrain or coerce a public employer in the
26    selection of his representatives for the purposes of

 

 

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1    collective bargaining or the settlement of grievances; or
2        (3) to cause, or attempt to cause, an employer to
3    discriminate against an employee in violation of
4    subsection (a)(2);
5        (4) to refuse to bargain collectively in good faith
6    with a public employer, if it has been designated in
7    accordance with the provisions of this Act as the exclusive
8    bargaining representative of public employees in an
9    appropriate unit;
10        (5) to violate any of the rules and regulations
11    established by the boards with jurisdiction over them
12    relating to the conduct of representation elections or the
13    conduct affecting the representation elections;
14        (6) to discriminate against any employee because he has
15    signed or filed an affidavit, petition or charge or
16    provided any information or testimony under this Act;
17        (7) to picket or cause to be picketed, or threaten to
18    picket or cause to be picketed, any public employer where
19    an object thereof is forcing or requiring an employer to
20    recognize or bargain with a labor organization of the
21    representative of its employees, or forcing or requiring
22    the employees of an employer to accept or select such labor
23    organization as their collective bargaining
24    representative, unless such labor organization is
25    currently certified as the representative of such
26    employees:

 

 

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1            (A) where the employer has lawfully recognized in
2        accordance with this Act any labor organization and a
3        question concerning representation may not
4        appropriately be raised under Section 9 of this Act;
5            (B) where within the preceding 12 months a valid
6        election under Section 9 of this Act has been
7        conducted; or
8            (C) where such picketing has been conducted
9        without a petition under Section 9 being filed within a
10        reasonable period of time not to exceed 30 days from
11        the commencement of such picketing; provided that when
12        such a petition has been filed the Board shall
13        forthwith, without regard to the provisions of
14        subsection (a) of Section 9 or the absence of a showing
15        of a substantial interest on the part of the labor
16        organization, direct an election in such unit as the
17        Board finds to be appropriate and shall certify the
18        results thereof; provided further, that nothing in
19        this subparagraph shall be construed to prohibit any
20        picketing or other publicity for the purpose of
21        truthfully advising the public that an employer does
22        not employ members of, or have a contract with, a labor
23        organization unless an effect of such picketing is to
24        induce any individual employed by any other person in
25        the course of his employment, not to pick up, deliver,
26        or transport any goods or not to perform any services;

 

 

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1        or
2        (8) to refuse to reduce a collective bargaining
3    agreement to writing or to refuse to sign such agreement.
4    (c) The expressing of any views, argument, or opinion or
5the dissemination thereof, whether in written, printed,
6graphic, or visual form, shall not constitute or be evidence of
7an unfair labor practice under any of the provisions of this
8Act, if such expression contains no threat of reprisal or force
9or promise of benefit.
10(Source: P.A. 86-412; 87-736.)
 
11    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
12    Sec. 14. Security employee, peace officer and fire fighter
13disputes.
14    (a) In the case of collective bargaining agreements
15involving units of security employees of a public employer,
16Peace Officer Units, telecommunicator units or units of fire
17fighters or paramedics, and in the case of disputes under
18Section 18, unless the parties mutually agree to some other
19time limit, mediation shall commence 30 days prior to the
20expiration date of such agreement or at such later time as the
21mediation services chosen under subsection (b) of Section 12
22can be provided to the parties. In the case of negotiations for
23an initial collective bargaining agreement, mediation shall
24commence upon 15 days notice from either party or at such later
25time as the mediation services chosen pursuant to subsection

 

 

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1(b) of Section 12 can be provided to the parties. In mediation
2under this Section, if either party requests the use of
3mediation services from the Federal Mediation and Conciliation
4Service, the other party shall either join in such request or
5bear the additional cost of mediation services from another
6source. The mediator shall have a duty to keep the Board
7informed on the progress of the mediation. If any dispute has
8not been resolved within 15 days after the first meeting of the
9parties and the mediator, or within such other time limit as
10may be mutually agreed upon by the parties, either the
11exclusive representative or employer may request of the other,
12in writing, arbitration, and shall submit a copy of the request
13to the Board.
14    (b) Within 10 days after such a request for arbitration has
15been made, the employer shall choose a delegate and the
16employees' exclusive representative shall choose a delegate to
17a panel of arbitration as provided in this Section. The
18employer and employees shall forthwith advise the other and the
19Board of their selections.
20    (c) Within 7 days after the request of either party, the
21parties shall request a panel of impartial arbitrators from
22which they shall select the neutral chairman according to the
23procedures provided in this Section. If the parties have agreed
24to a contract that contains a grievance resolution procedure as
25provided in Section 8, the chairman shall be selected using
26their agreed contract procedure unless they mutually agree to

 

 

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1another procedure. If the parties fail to notify the Board of
2their selection of neutral chairman within 7 days after receipt
3of the list of impartial arbitrators, the Board shall appoint,
4at random, a neutral chairman from the list. In the absence of
5an agreed contract procedure for selecting an impartial
6arbitrator, either party may request a panel from the Board.
7Within 7 days of the request of either party, the Board shall
8select from the Public Employees Labor Mediation Roster 7
9persons who are on the labor arbitration panels of either the
10American Arbitration Association or the Federal Mediation and
11Conciliation Service, or who are members of the National
12Academy of Arbitrators, as nominees for impartial arbitrator of
13the arbitration panel. The parties may select an individual on
14the list provided by the Board or any other individual mutually
15agreed upon by the parties. Within 7 days following the receipt
16of the list, the parties shall notify the Board of the person
17they have selected. Unless the parties agree on an alternate
18selection procedure, they shall alternatively strike one name
19from the list provided by the Board until only one name
20remains. A coin toss shall determine which party shall strike
21the first name. If the parties fail to notify the Board in a
22timely manner of their selection for neutral chairman, the
23Board shall appoint a neutral chairman from the Illinois Public
24Employees Mediation/Arbitration Roster.
25    (d) The chairman shall call a hearing to begin within 15
26days and give reasonable notice of the time and place of the

 

 

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1hearing. The hearing shall be held at the offices of the Board
2or at such other location as the Board deems appropriate. The
3chairman shall preside over the hearing and shall take
4testimony. Any oral or documentary evidence and other data
5deemed relevant by the arbitration panel may be received in
6evidence. The proceedings shall be informal. Technical rules of
7evidence shall not apply and the competency of the evidence
8shall not thereby be deemed impaired. A verbatim record of the
9proceedings shall be made and the arbitrator shall arrange for
10the necessary recording service. Transcripts may be ordered at
11the expense of the party ordering them, but the transcripts
12shall not be necessary for a decision by the arbitration panel.
13The expense of the proceedings, including a fee for the
14chairman, shall be borne equally by each of the parties to the
15dispute. The delegates, if public officers or employees, shall
16continue on the payroll of the public employer without loss of
17pay. The hearing conducted by the arbitration panel may be
18adjourned from time to time, but unless otherwise agreed by the
19parties, shall be concluded within 30 days of the time of its
20commencement. Majority actions and rulings shall constitute
21the actions and rulings of the arbitration panel. Arbitration
22proceedings under this Section shall not be interrupted or
23terminated by reason of any unfair labor practice charge filed
24by either party at any time.
25    (e) The arbitration panel may administer oaths, require the
26attendance of witnesses, and the production of such books,

 

 

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1papers, contracts, agreements and documents as may be deemed by
2it material to a just determination of the issues in dispute,
3and for such purpose may issue subpoenas. If any person refuses
4to obey a subpoena, or refuses to be sworn or to testify, or if
5any witness, party or attorney is guilty of any contempt while
6in attendance at any hearing, the arbitration panel may, or the
7attorney general if requested shall, invoke the aid of any
8circuit court within the jurisdiction in which the hearing is
9being held, which court shall issue an appropriate order. Any
10failure to obey the order may be punished by the court as
11contempt.
12    (f) At any time before the rendering of an award, the
13chairman of the arbitration panel, if he is of the opinion that
14it would be useful or beneficial to do so, may remand the
15dispute to the parties for further collective bargaining for a
16period not to exceed 2 weeks. If the dispute is remanded for
17further collective bargaining the time provisions of this Act
18shall be extended for a time period equal to that of the
19remand. The chairman of the panel of arbitration shall notify
20the Board of the remand.
21    (g) At or before the conclusion of the hearing held
22pursuant to subsection (d), the arbitration panel shall
23identify the economic issues in dispute, and direct each of the
24parties to submit, within such time limit as the panel shall
25prescribe, to the arbitration panel and to each other its last
26offer of settlement on each economic issue. The determination

 

 

HB3455- 48 -LRB101 10226 RJF 55330 b

1of the arbitration panel as to the issues in dispute and as to
2which of these issues are economic shall be conclusive. The
3arbitration panel, within 30 days after the conclusion of the
4hearing, or such further additional periods to which the
5parties may agree, shall make written findings of fact and
6promulgate a written opinion and shall mail or otherwise
7deliver a true copy thereof to the parties and their
8representatives and to the Board. As to each economic issue,
9the arbitration panel shall adopt the last offer of settlement
10which, in the opinion of the arbitration panel, more nearly
11complies with the applicable factors prescribed in subsection
12(h). The findings, opinions and order as to all other issues
13shall be based upon the applicable factors prescribed in
14subsection (h).
15    (h) Where there is no agreement between the parties, or
16where there is an agreement but the parties have begun
17negotiations or discussions looking to a new agreement or
18amendment of the existing agreement, and wage rates or other
19conditions of employment under the proposed new or amended
20agreement are in dispute, the arbitration panel shall base its
21findings, opinions and order upon the following factors, as
22applicable:
23        (1) The lawful authority of the employer.
24        (2) Stipulations of the parties.
25        (3) The interests and welfare of the public and the
26    financial ability of the unit of government to meet those

 

 

HB3455- 49 -LRB101 10226 RJF 55330 b

1    costs.
2        (4) Comparison of the wages, hours and conditions of
3    employment of the employees involved in the arbitration
4    proceeding with the wages, hours and conditions of
5    employment of other employees performing similar services
6    and with other employees generally:
7            (A) In public employment in comparable
8        communities.
9            (B) In private employment in comparable
10        communities.
11        (5) The average consumer prices for goods and services,
12    commonly known as the cost of living.
13        (6) The overall compensation presently received by the
14    employees, including direct wage compensation, vacations,
15    holidays and other excused time, insurance and pensions,
16    medical and hospitalization benefits, the continuity and
17    stability of employment and all other benefits received.
18        (7) Changes in any of the foregoing circumstances
19    during the pendency of the arbitration proceedings.
20        (8) Such other factors, not confined to the foregoing,
21    which are normally or traditionally taken into
22    consideration in the determination of wages, hours and
23    conditions of employment through voluntary collective
24    bargaining, mediation, fact-finding, arbitration or
25    otherwise between the parties, in the public service or in
26    private employment.

 

 

HB3455- 50 -LRB101 10226 RJF 55330 b

1    (i) In the case of peace officers, the arbitration decision
2shall be limited to wages, hours, and conditions of employment
3(which may include residency requirements in municipalities
4with a population under 1,000,000, but those residency
5requirements shall not allow residency outside of Illinois) and
6shall not include the following: i) residency requirements in
7municipalities with a population of at least 1,000,000; ii) the
8type of equipment, other than uniforms, issued or used; iii)
9manning; iv) the total number of employees employed by the
10department; v) mutual aid and assistance agreements to other
11units of government; and vi) the criterion pursuant to which
12force, including deadly force, can be used; provided, nothing
13herein shall preclude an arbitration decision regarding
14equipment or manning levels if such decision is based on a
15finding that the equipment or manning considerations in a
16specific work assignment involve a serious risk to the safety
17of a peace officer beyond that which is inherent in the normal
18performance of police duties. Limitation of the terms of the
19arbitration decision pursuant to this subsection shall not be
20construed to limit the factors upon which the decision may be
21based, as set forth in subsection (h).
22    In the case of fire fighter, and fire department or fire
23district paramedic matters, the arbitration decision shall be
24limited to wages, hours, and conditions of employment
25(including manning and also including residency requirements
26in municipalities with a population under 1,000,000, but those

 

 

HB3455- 51 -LRB101 10226 RJF 55330 b

1residency requirements shall not allow residency outside of
2Illinois) and shall not include the following matters: i)
3residency requirements in municipalities with a population of
4at least 1,000,000; ii) the type of equipment (other than
5uniforms and fire fighter turnout gear) issued or used; iii)
6the total number of employees employed by the department; iv)
7mutual aid and assistance agreements to other units of
8government; and v) the criterion pursuant to which force,
9including deadly force, can be used; provided, however, nothing
10herein shall preclude an arbitration decision regarding
11equipment levels if such decision is based on a finding that
12the equipment considerations in a specific work assignment
13involve a serious risk to the safety of a fire fighter beyond
14that which is inherent in the normal performance of fire
15fighter duties. Limitation of the terms of the arbitration
16decision pursuant to this subsection shall not be construed to
17limit the facts upon which the decision may be based, as set
18forth in subsection (h).
19    The changes to this subsection (i) made by Public Act
2090-385 (relating to residency requirements) do not apply to
21persons who are employed by a combined department that performs
22both police and firefighting services; these persons shall be
23governed by the provisions of this subsection (i) relating to
24peace officers, as they existed before the amendment by Public
25Act 90-385.
26    To preserve historical bargaining rights, this subsection

 

 

HB3455- 52 -LRB101 10226 RJF 55330 b

1shall not apply to any provision of a fire fighter collective
2bargaining agreement in effect and applicable on the effective
3date of this Act; provided, however, nothing herein shall
4preclude arbitration with respect to any such provision.
5    (j) Arbitration procedures shall be deemed to be initiated
6by the filing of a letter requesting mediation as required
7under subsection (a) of this Section. The commencement of a new
8municipal fiscal year after the initiation of arbitration
9procedures under this Act, but before the arbitration decision,
10or its enforcement, shall not be deemed to render a dispute
11moot, or to otherwise impair the jurisdiction or authority of
12the arbitration panel or its decision. Increases in rates of
13compensation awarded by the arbitration panel may be effective
14only at the start of the fiscal year next commencing after the
15date of the arbitration award. If a new fiscal year has
16commenced either since the initiation of arbitration
17procedures under this Act or since any mutually agreed
18extension of the statutorily required period of mediation under
19this Act by the parties to the labor dispute causing a delay in
20the initiation of arbitration, the foregoing limitations shall
21be inapplicable, and such awarded increases may be retroactive
22to the commencement of the fiscal year, any other statute or
23charter provisions to the contrary, notwithstanding. At any
24time the parties, by stipulation, may amend or modify an award
25of arbitration.
26    (k) Orders of the arbitration panel shall be reviewable,

 

 

HB3455- 53 -LRB101 10226 RJF 55330 b

1upon appropriate petition by either the public employer or the
2exclusive bargaining representative, by the circuit court for
3the county in which the dispute arose or in which a majority of
4the affected employees reside, but only for reasons that the
5arbitration panel was without or exceeded its statutory
6authority; the order is arbitrary, or capricious; or the order
7was procured by fraud, collusion or other similar and unlawful
8means. Such petitions for review must be filed with the
9appropriate circuit court within 90 days following the issuance
10of the arbitration order. The pendency of such proceeding for
11review shall not automatically stay the order of the
12arbitration panel. The party against whom the final decision of
13any such court shall be adverse, if such court finds such
14appeal or petition to be frivolous, shall pay reasonable
15attorneys' fees and costs to the successful party as determined
16by said court in its discretion. If said court's decision
17affirms the award of money, such award, if retroactive, shall
18bear interest at the rate of 12 percent per annum from the
19effective retroactive date.
20    (l) During the pendency of proceedings before the
21arbitration panel, existing wages, hours, and other conditions
22of employment shall not be changed by action of either party
23without the consent of the other but a party may so consent
24without prejudice to his rights or position under this Act. The
25proceedings are deemed to be pending before the arbitration
26panel upon the initiation of arbitration procedures under this

 

 

HB3455- 54 -LRB101 10226 RJF 55330 b

1Act.
2    (m) Security officers of public employers, and Peace
3Officers, telecommunicators, Fire Fighters and fire department
4and fire protection district paramedics, covered by this
5Section may not withhold services, nor may public employers
6lock out or prevent such employees from performing services at
7any time.
8    (n) All of the terms decided upon by the arbitration panel
9shall be included in an agreement to be submitted to the public
10employer's governing body for ratification and adoption by law,
11ordinance or the equivalent appropriate means.
12    The governing body shall review each term decided by the
13arbitration panel. If the governing body fails to reject one or
14more terms of the arbitration panel's decision by a 3/5 vote of
15those duly elected and qualified members of the governing body,
16within 20 days of issuance, or in the case of firefighters
17employed by a state university, at the next regularly scheduled
18meeting of the governing body after issuance, such term or
19terms shall become a part of the collective bargaining
20agreement of the parties. If the governing body affirmatively
21rejects one or more terms of the arbitration panel's decision,
22it must provide reasons for such rejection with respect to each
23term so rejected, within 20 days of such rejection and the
24parties shall return to the arbitration panel for further
25proceedings and issuance of a supplemental decision with
26respect to the rejected terms. Any supplemental decision by an

 

 

HB3455- 55 -LRB101 10226 RJF 55330 b

1arbitration panel or other decision maker agreed to by the
2parties shall be submitted to the governing body for
3ratification and adoption in accordance with the procedures and
4voting requirements set forth in this Section. The voting
5requirements of this subsection shall apply to all disputes
6submitted to arbitration pursuant to this Section
7notwithstanding any contrary voting requirements contained in
8any existing collective bargaining agreement between the
9parties.
10    (o) If the governing body of the employer votes to reject
11the panel's decision, the parties shall return to the panel
12within 30 days from the issuance of the reasons for rejection
13for further proceedings and issuance of a supplemental
14decision. All reasonable costs of such supplemental proceeding
15including the exclusive representative's reasonable attorney's
16fees, as established by the Board, shall be paid by the
17employer.
18    (p) Notwithstanding the provisions of this Section the
19employer and exclusive representative may agree to submit
20unresolved disputes concerning wages, hours, terms and
21conditions of employment to an alternative form of impasse
22resolution.
23(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
24    (5 ILCS 315/17)  (from Ch. 48, par. 1617)
25    Sec. 17. Right to strike.

 

 

HB3455- 56 -LRB101 10226 RJF 55330 b

1    (a) Nothing in this Act shall make it unlawful or make it
2an unfair labor practice for public employees, other than
3security employees, as defined in Section 3(p), peace officers,
4fire fighters, and paramedics employed by fire departments and
5fire protection districts, to strike except as otherwise
6provided in this Act. Public employees who are permitted to
7strike may strike only if:
8        (1) the employees are represented by an exclusive
9    bargaining representative;
10        (2) the collective bargaining agreement between the
11    public employer and the public employees, if any, has
12    expired, or such collective bargaining agreement does not
13    prohibit the strike;
14        (3) the public employer and the labor organization have
15    not mutually agreed to submit the disputed issues to final
16    and binding arbitration;
17        (4) the exclusive bargaining representative has
18    requested a mediator pursuant to Section 12 for the purpose
19    of mediation or conciliation of a dispute between the
20    public employer and the exclusive bargaining
21    representative and mediation has been used; and
22        (5) at least 5 days have elapsed after a notice of
23    intent to strike has been given by the exclusive bargaining
24    representative to the public employer.
25    In mediation under this Section, if either party requests
26the use of mediation services from the Federal Mediation and

 

 

HB3455- 57 -LRB101 10226 RJF 55330 b

1Conciliation Service, the other party shall either join in such
2request or bear the additional cost of mediation services from
3another source.
4    (b) An employee who participates in a strike, work stoppage
5or slowdown, in violation of this Act shall be subject to
6discipline by the employer. No employer may pay or cause such
7employee to be paid any wages or other compensation for such
8periods of participation, except for wages or compensation
9earned before participation in such strike.
10    (c) Notwithstanding subsections (a) and (b), employees who
11participate in a strike, work stoppage, or slow down as the
12result of unfair labor practices committed by the employer
13shall not be subject to discipline by the employer for such
14actions.
15(Source: P.A. 86-412.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.