101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4587

 

Introduced 2/5/2020, by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/6  from Ch. 48, par. 1606

    Amends the Illinois Public Labor Relations Act. Provides for the right to organize and bargain collectively for legislative assistants of the General Assembly as public employees under the Act. Makes conforming changes.


LRB101 16739 RJF 66128 b

 

 

A BILL FOR

 

HB4587LRB101 16739 RJF 66128 b

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

 

 

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

 

 

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

 

 

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

 

 

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1    (g-1) "Fire fighter" means, for the purposes of this Act
2only, any person who has been or is hereafter appointed to a
3fire department or fire protection district or employed by a
4state university and sworn or commissioned to perform fire
5fighter duties or paramedic duties, including paramedics
6employed by a unit of local government, except that the
7following persons are not included: part-time fire fighters,
8auxiliary, reserve or voluntary fire fighters, including paid
9on-call fire fighters, clerks and dispatchers or other civilian
10employees of a fire department or fire protection district who
11are not routinely expected to perform fire fighter duties, or
12elected officials.
13    (g-2) "General Assembly of the State of Illinois" means the
14legislative branch of the government of the State of Illinois,
15as provided for under Article IV of the Constitution of the
16State of Illinois, and includes but is not limited to the House
17of Representatives, the Senate, the Speaker of the House of
18Representatives, the Minority Leader of the House of
19Representatives, the President of the Senate, the Minority
20Leader of the Senate, the Joint Committee on Legislative
21Support Services and any legislative support services agency
22listed in the Legislative Commission Reorganization Act of
231984.
24    (h) "Governing body" means, in the case of the State, the
25State Panel of the Illinois Labor Relations Board, the Director
26of the Department of Central Management Services, and the

 

 

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

 

 

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1Board on or after April 5, 2013 (the effective date of Public
2Act 97-1172), or (iii) for which a petition is pending before
3the Illinois Public Labor Relations Board on that date,
4"managerial employee" means an individual who is engaged in
5executive and management functions or who is charged with the
6effectuation of management policies and practices or who
7represents management interests by taking or recommending
8discretionary actions that effectively control or implement
9policy. Nothing in this definition prohibits an individual from
10also meeting the definition of "supervisor" under subsection
11(r) of this Section.
12    (k) "Peace officer" means, for the purposes of this Act
13only, any persons who have been or are hereafter appointed to a
14police force, department, or agency and sworn or commissioned
15to perform police duties, except that the following persons are
16not included: part-time police officers, special police
17officers, auxiliary police as defined by Section 3.1-30-20 of
18the Illinois Municipal Code, night watchmen, "merchant
19police", court security officers as defined by Section 3-6012.1
20of the Counties Code, temporary employees, traffic guards or
21wardens, civilian parking meter and parking facilities
22personnel or other individuals specially appointed to aid or
23direct traffic at or near schools or public functions or to aid
24in civil defense or disaster, parking enforcement employees who
25are not commissioned as peace officers and who are not armed
26and who are not routinely expected to effect arrests, parking

 

 

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

 

 

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

 

 

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

 

 

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1Department of Corrections who is classified as or who holds the
2position of Public Service Administrator (Option 7), and any
3employee of the Department of State Police who handles issues
4concerning the Illinois State Police Sex Offender Registry and
5who is classified as or holds the position of Public Service
6Administrator (Option 7), and (vii) beginning on the effective
7date of this amendatory Act of the 101st General Assembly,
8legislative assistants employed by members of the General
9Assembly under Section 4 of the General Assembly Compensation
10Act.
11    "Public employee" or "employee" does not include but
12excluding all of the following: employees of the General
13Assembly of the State of Illinois, other than legislative
14assistants; elected officials; executive heads of a
15department; members of boards or commissions; the Executive
16Inspectors General; any special Executive Inspectors General;
17employees of each Office of an Executive Inspector General;
18commissioners and employees of the Executive Ethics
19Commission; the Auditor General's Inspector General; employees
20of the Office of the Auditor General's Inspector General; the
21Legislative Inspector General; any special Legislative
22Inspectors General; employees of the Office of the Legislative
23Inspector General; commissioners and employees of the
24Legislative Ethics Commission; employees of any agency, board
25or commission created by this Act; employees appointed to State
26positions of a temporary or emergency nature; all employees of

 

 

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1school districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on the effective date of
5this amendatory Act of the 96th General Assembly; managerial
6employees; short-term employees; legislative liaisons; a
7person who is a State employee under the jurisdiction of the
8Office of the Attorney General who is licensed to practice law
9or whose position authorizes, either directly or indirectly,
10meaningful input into government decision-making on issues
11where there is room for principled disagreement on goals or
12their implementation; a person who is a State employee under
13the jurisdiction of the Office of the Comptroller who holds the
14position of Public Service Administrator or whose position is
15otherwise exempt under the Comptroller Merit Employment Code; a
16person who is a State employee under the jurisdiction of the
17Secretary of State who holds the position classification of
18Executive I or higher, whose position authorizes, either
19directly or indirectly, meaningful input into government
20decision-making on issues where there is room for principled
21disagreement on goals or their implementation, or who is
22otherwise exempt under the Secretary of State Merit Employment
23Code; employees in the Office of the Secretary of State who are
24completely exempt from jurisdiction B of the Secretary of State
25Merit Employment Code and who are in Rutan-exempt positions on
26or after April 5, 2013 (the effective date of Public Act

 

 

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197-1172); a person who is a State employee under the
2jurisdiction of the Treasurer who holds a position that is
3exempt from the State Treasurer Employment Code; any employee
4of a State agency who (i) holds the title or position of, or
5exercises substantially similar duties as a legislative
6liaison, Agency General Counsel, Agency Chief of Staff, Agency
7Executive Director, Agency Deputy Director, Agency Chief
8Fiscal Officer, Agency Human Resources Director, Public
9Information Officer, or Chief Information Officer and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any employee
12of a State agency who (i) is in a position that is
13Rutan-exempt, as designated by the employer, and completely
14exempt from jurisdiction B of the Personnel Code and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any term
17appointed employee of a State agency pursuant to Section 8b.18
18or 8b.19 of the Personnel Code who was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employment position
21properly designated pursuant to Section 6.1 of this Act;
22confidential employees; independent contractors; and
23supervisors except as provided in this Act.
24    Home care and home health workers who function as personal
25assistants and individual maintenance home health workers and
26who also work under the Home Services Program under Section 3

 

 

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1of the Rehabilitation of Persons with Disabilities Act shall
2not be considered public employees for any purposes not
3specifically provided for in Public Act 93-204 or Public Act
497-1158, including but not limited to, purposes of vicarious
5liability in tort and purposes of statutory retirement or
6health insurance benefits. Home care and home health workers
7who function as personal assistants and individual maintenance
8home health workers and who also work under the Home Services
9Program under Section 3 of the Rehabilitation of Persons with
10Disabilities Act shall not be covered by the State Employees
11Group Insurance Act of 1971 (5 ILCS 375/).
12    Child and day care home providers shall not be considered
13public employees for any purposes not specifically provided for
14in this amendatory Act of the 94th General Assembly, including
15but not limited to, purposes of vicarious liability in tort and
16purposes of statutory retirement or health insurance benefits.
17Child and day care home providers shall not be covered by the
18State Employees Group Insurance Act of 1971.
19    Notwithstanding Section 9, subsection (c), or any other
20provisions of this Act, all peace officers above the rank of
21captain in municipalities with more than 1,000,000 inhabitants
22shall be excluded from this Act.
23    (o) Except as otherwise in subsection (o-5), "public
24employer" or "employer" means the State of Illinois; any
25political subdivision of the State, unit of local government or
26school district; authorities including departments, divisions,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1a bargaining unit determined by the Board shall not include
2both supervisors and nonsupervisors, or supervisors only,
3except as provided in paragraph (2) of this subsection (s) and
4except for bargaining units in existence on January 1, 1986
5(the effective date of this amendatory Act of 1985). A
6bargaining unit determined by the Board to contain peace
7officers shall contain no employees other than peace officers
8unless otherwise agreed to by the employer and the labor
9organization or labor organizations involved. Notwithstanding
10any other provision of this Act, a bargaining unit, including a
11historical bargaining unit, containing sworn peace officers of
12the Department of Natural Resources (formerly designated the
13Department of Conservation) shall contain no employees other
14than such sworn peace officers upon the effective date of this
15amendatory Act of 1990 or upon the expiration date of any
16collective bargaining agreement in effect upon the effective
17date of this amendatory Act of 1990 covering both such sworn
18peace officers and other employees.
19    (2) Notwithstanding the exclusion of supervisors from
20bargaining units as provided in paragraph (1) of this
21subsection (s), a public employer may agree to permit its
22supervisory employees to form bargaining units and may bargain
23with those units. This Act shall apply if the public employer
24chooses to bargain under this subsection.
25    (3) Public employees who are court reporters, as defined in
26the Court Reporters Act, shall be divided into 3 units for

 

 

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

 

 

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

 

 

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1organization; provided that the exclusive bargaining
2representative is afforded the opportunity to be present at
3such conference and that any settlement made shall not be
4inconsistent with the terms of any agreement in effect between
5the employer and the exclusive bargaining representative.
6    (c) A labor organization designated by the Board as the
7representative of the majority of public employees in an
8appropriate unit in accordance with the procedures herein or
9recognized by a public employer as the representative of the
10majority of public employees in an appropriate unit is the
11exclusive representative for the employees of such unit for the
12purpose of collective bargaining with respect to rates of pay,
13wages, hours and other conditions of employment not excluded by
14Section 4 of this Act. Unless otherwise mutually agreed, a
15public employer is required at least once each month and upon
16request, to furnish the exclusive bargaining representative
17with a complete list of the names and addresses of the public
18employees in the bargaining unit, provided that a public
19employer shall not be required to furnish such a list more than
20once per payroll period. The exclusive bargaining
21representative shall use the list exclusively for bargaining
22representation purposes and shall not disclose any information
23contained in the list for any other purpose. Nothing in this
24Section, however, shall prohibit a bargaining representative
25from disseminating a list of its union members.
26    At the time the public employer provides such list, it

 

 

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1shall also provide to the exclusive representative, in an Excel
2file or other mutually agreed upon editable digital file
3format, the employee's job title, worksite location, work
4telephone numbers, identification number if available, and any
5home and personal cellular telephone numbers on file with the
6employer, date of hire, work email address, and any personal
7email address on file with the employer. In addition, unless
8otherwise mutually agreed, within 10 calendar days from the
9date of hire of a bargaining unit employee, the public employer
10shall provide to the exclusive representative, in an electronic
11file or other mutually agreed upon format, the following
12information about the new employee: the employee's name, job
13title, worksite location, home address, work telephone
14numbers, and any home and personal cellular telephone numbers
15on file with the employer, date of hire, work email address,
16and any personal email address on file with the employer.
17    (c-5) No employer shall disclose the following information
18of any employee: (1) the employee's home address (including ZIP
19code and county); (2) the employee's date of birth; (3) the
20employee's home and personal phone number; (4) the employee's
21personal email address; (5) any information personally
22identifying employee membership or membership status in a labor
23organization or other voluntary association affiliated with a
24labor organization or a labor federation (including whether
25employees are members of such organization, the identity of
26such organization, whether or not employees pay or authorize

 

 

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1the payment of any dues or moneys to such organization, and the
2amounts of such dues or moneys); and (6) emails or other
3communications between a labor organization and its members.
4    As soon as practicable after receiving a request for any
5information prohibited from disclosure under this subsection
6(c-5), excluding a request from the exclusive bargaining
7representative of the employee, the employer must provide a
8written copy of the request, or a written summary of any oral
9request, to the exclusive bargaining representative of the
10employee or, if no such representative exists, to the employee.
11The employer must also provide a copy of any response it has
12made within 5 business days of sending the response to any
13request.
14    If an employer discloses information in violation of this
15subsection (c-5), an aggrieved employee of the employer or his
16or her exclusive bargaining representative may file an unfair
17labor practice charge with the Illinois Labor Relations Board
18pursuant to Section 10 of this Act or commence an action in the
19circuit court to enforce the provisions of this Act, including
20actions to compel compliance, if an employer willfully and
21wantonly discloses information in violation of this
22subsection. The circuit court for the county in which the
23complainant resides, in which the complainant is employed, or
24in which the employer is located shall have jurisdiction in
25this matter.
26    This subsection does not apply to disclosures (i) required

 

 

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1under the Freedom of Information Act, (ii) for purposes of
2conducting public operations or business, or (iii) to the
3exclusive representative.
4    (c-10) Employers shall provide to exclusive
5representatives, including their agents and employees,
6reasonable access to employees in the bargaining units they
7represent. This access shall at all times be conducted in a
8manner so as not to impede normal operations.
9        (1) Access includes the following:
10            (A) the right to meet with one or more employees on
11        the employer's premises during the work day to
12        investigate and discuss grievances and
13        workplace-related complaints without charge to pay or
14        leave time of employees or agents of the exclusive
15        representative;
16            (B) the right to conduct worksite meetings during
17        lunch and other non-work breaks, and before and after
18        the workday, on the employer's premises to discuss
19        collective bargaining negotiations, the administration
20        of collective bargaining agreements, other matters
21        related to the duties of the exclusive representative,
22        and internal matters involving the governance or
23        business of the exclusive representative, without
24        charge to pay or leave time of employees or agents of
25        the exclusive representative;
26            (C) the right to meet with newly hired employees,

 

 

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1        without charge to pay or leave time of the employees or
2        agents of the exclusive representative, on the
3        employer's premises or at a location mutually agreed to
4        by the employer and exclusive representative for up to
5        one hour either within the first two weeks of
6        employment in the bargaining unit or at a later date
7        and time if mutually agreed upon by the employer and
8        the exclusive representative; and
9            (D) the right to use the facility mailboxes and
10        bulletin boards of the employer to communicate with
11        bargaining unit employees regarding collective
12        bargaining negotiations, the administration of the
13        collective bargaining agreements, the investigation of
14        grievances, other workplace-related complaints and
15        issues, and internal matters involving the governance
16        or business of the exclusive representative.
17        (2) Nothing in this Section shall prohibit an employer
18    and exclusive representative from agreeing in a collective
19    bargaining agreement to provide the exclusive
20    representative greater access to bargaining unit
21    employees, including through the use of the employer's
22    email system.
23    (d) Labor organizations recognized by a public employer as
24the exclusive representative or so designated in accordance
25with the provisions of this Act are responsible for
26representing the interests of all public employees in the unit.

 

 

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1Nothing herein shall be construed to limit an exclusive
2representative's right to exercise its discretion to refuse to
3process grievances of employees that are unmeritorious.
4    (e) When a collective bargaining agreement is entered into
5with an exclusive representative, it may include in the
6agreement a provision requiring employees covered by the
7agreement who are not members of the organization to pay their
8proportionate share of the costs of the collective bargaining
9process, contract administration and pursuing matters
10affecting wages, hours and conditions of employment, as defined
11in Section 3 (g), but not to exceed the amount of dues
12uniformly required of members. The organization shall certify
13to the employer the amount constituting each nonmember
14employee's proportionate share which shall not exceed dues
15uniformly required of members. In such case, the proportionate
16share payment in this Section shall be deducted by the employer
17from the earnings of the nonmember employees and paid to the
18employee organization.
19    (f) Employers shall make payroll deductions of labor
20organization dues, initiation fees, assessments, and other
21payments for a labor organization that is the exclusive
22representative. Such deductions shall be made in accordance
23with the terms of an employee's written authorization, and
24shall be paid to the exclusive representative. Written
25authorization may be evidenced by electronic communications,
26and such writing or communication may be evidenced by the

 

 

HB4587- 31 -LRB101 16739 RJF 66128 b

1electronic signature of the employee as provided under Section
25-120 of the Electronic Commerce Security Act.
3    There is no impediment to an employee's right to resign
4union membership at any time. However, notwithstanding any
5other provision of law to the contrary regarding authorization
6and deduction of dues or other payments to a labor
7organization, the exclusive representative and a public
8employee may agree to reasonable limits on the right of the
9employee to revoke such authorization, including a period of
10irrevocability that exceeds one year. An authorization that is
11irrevocable for one year, which may be automatically renewed
12for successive annual periods in accordance with the terms of
13the authorization, and that contains at least an annual 10-day
14period of time during which the employee may revoke the
15authorization, shall be deemed reasonable.
16    This Section shall apply to all claims that allege that a
17labor organization or a public employer has improperly deducted
18or collected dues from an employee without regard to whether
19the claims or the facts upon which they are based occurred
20before, on, or after the effective date of this amendatory Act
21of the 101st General Assembly and shall apply retroactively to
22the maximum extent permitted by law.
23    (f-5) Where a collective bargaining agreement is
24terminated, or continues in effect beyond its scheduled
25expiration date pending the negotiation of a successor
26agreement or the resolution of an impasse under Section 14, the

 

 

HB4587- 32 -LRB101 16739 RJF 66128 b

1employer shall continue to honor and abide by any dues
2deduction or fair share clause contained therein until a new
3agreement is reached including dues deduction or a fair share
4clause. For the benefit of any successor exclusive
5representative certified under this Act, this provision shall
6be applicable, provided the successor exclusive
7representative:
8        (i) certifies to the employer the amount constituting
9    each non-member's proportionate share under subsection
10    (e); or
11        (ii) presents the employer with employee written
12    authorizations for the deduction of dues, assessments, and
13    fees under this subsection.
14    Failure to so honor and abide by dues deduction or fair
15share clauses for the benefit of any exclusive representative,
16including a successor, shall be a violation of the duty to
17bargain and an unfair labor practice.
18    (f-10) Upon receiving written notice of authorization, the
19public employer must commence dues deductions as soon as
20practicable, but in no case later than 30 days after receiving
21notice from the labor organization. Employee deductions shall
22be transmitted to the labor organization no later than 30 days
23after they are deducted unless a shorter period is mutually
24agreed to.
25    (f-15) Deductions shall remain in effect until:
26        (1) the public employer receives notice that a public

 

 

HB4587- 33 -LRB101 16739 RJF 66128 b

1    employee has revoked their authorization in writing in
2    accordance with the terms of the authorization; or
3        (2) the individual employee is no longer employed by
4    the public employer in a bargaining unit position
5    represented by the same exclusive representative, provided
6    that if the employee is, within a period of one year,
7    employed by the same public employer in a position
8    represented by the same labor organization, the right to
9    dues deduction shall be automatically reinstated.
10    Nothing in this subsection prevents an employee from
11continuing to authorize payroll deductions when no longer
12represented by the exclusive representative that would receive
13such deduction.
14    Should the individual employee who has signed a dues
15deduction authorization card either be removed from a public
16employer's payroll or otherwise placed on any type of
17involuntary or voluntary leave of absence, whether paid or
18unpaid, the public employee's dues deduction shall be continued
19upon that public employee's return to the payroll in a
20bargaining unit position represented by the same exclusive
21representative or restoration to active duty from such a leave
22of absence.
23    (f-20) Unless otherwise mutually agreed by the public
24employer and the exclusive representative, employee requests
25to authorize, revoke, cancel, or change authorizations for
26payroll deductions for labor organizations shall be directed to

 

 

HB4587- 34 -LRB101 16739 RJF 66128 b

1the labor organization rather than to the public employer. The
2labor organization shall be responsible for initially
3processing and notifying the public employer of proper requests
4or providing proper requests to the employer. If the requests
5are not provided to the public employer, the employer shall
6rely on information provided by the labor organization
7regarding whether deductions for a labor organization were
8properly authorized, revoked, canceled, or changed, and the
9labor organization shall indemnify the public employer for any
10damages and reasonable costs incurred for any claims made by
11employees for deductions made in good faith reliance on that
12information.
13    (f-25) Upon receipt by the exclusive representative of an
14appropriate written authorization from an employee, written
15notice of authorization shall be provided to the employer and
16any authorized deductions shall be made in accordance with law.
17The labor organization shall indemnify the public employer for
18any damages and reasonable costs incurred for any claims made
19by employees for deductions made in good faith reliance on its
20notification.
21    (f-30) The failure of an employer to comply with the
22provisions of this Section shall be a violation of the duty to
23bargain and an unfair labor practice. Relief for the violation
24shall be reimbursement by the public employer of dues that
25should have been deducted or paid based on a valid
26authorization given by the employee or employees. In addition,

 

 

HB4587- 35 -LRB101 16739 RJF 66128 b

1the provisions of a collective bargaining agreement that
2contain the obligations set forth in this Section may be
3enforced in accordance with Sections 8 and 16.
4    (f-35) The Illinois Labor Relations Board shall have
5exclusive jurisdiction over claims under Illinois law that
6allege that a labor organization has unlawfully collected dues
7from a public employee in violation of this Act. The Board
8shall by rule require that in cases in which a public employee
9alleges that a labor organization has unlawfully collected
10dues, the public employer shall continue to deduct the
11employee's dues from the employee's pay, but shall transmit the
12dues to the Board for deposit in an escrow account maintained
13by the Board. If the exclusive representative maintains an
14escrow account for the purpose of holding dues to which an
15employee has objected, the employer shall transmit the entire
16amount of dues to the exclusive representative, and the
17exclusive representative shall hold in escrow the dues that the
18employer would otherwise have been required to transmit to the
19Board for escrow; provided that the escrow account maintained
20by the exclusive representative complies with rules adopted by
21the Board or that the collective bargaining agreement requiring
22the payment of the dues contains an indemnification provision
23for the purpose of indemnifying the employer with respect to
24the employer's transmission of dues to the exclusive
25representative.
26    (f-40) If any clause, sentence, paragraph, or subparagraph

 

 

HB4587- 36 -LRB101 16739 RJF 66128 b

1of this Section shall be adjudged by a court of competent
2jurisdiction to be unconstitutional or otherwise invalid, that
3judgment shall not affect, impair, or invalidate the remainder
4thereof, but shall be confined in its operation to the clause,
5sentence, paragraph, or subparagraph of this Section directly
6involved in the controversy in which that judgment shall have
7been rendered.
8    If any clause, sentence, paragraph, or part of a signed
9authorization for payroll deductions shall be adjudged by a
10court of competent jurisdiction to be unconstitutional or
11otherwise invalid, that judgment shall not affect, impair, or
12invalidate the remainder of the signed authorization, but shall
13be confined in its operation to the clause, sentence,
14paragraph, or part of the signed authorization directly
15involved in the controversy in which that judgment shall have
16been rendered.
17    (g) Agreements containing a fair share agreement must
18safeguard the right of nonassociation of employees based upon
19bona fide religious tenets or teachings of a church or
20religious body of which such employees are members. Such
21employees may be required to pay an amount equal to their fair
22share, determined under a lawful fair share agreement, to a
23nonreligious charitable organization mutually agreed upon by
24the employees affected and the exclusive bargaining
25representative to which such employees would otherwise pay such
26service fee. If the affected employees and the bargaining

 

 

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1representative are unable to reach an agreement on the matter,
2the Board may establish an approved list of charitable
3organizations to which such payments may be made.
4(Source: P.A. 101-620, eff. 12-20-19.)