101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5364

 

Introduced , by Rep. Michael Halpin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/9  from Ch. 48, par. 1609
5 ILCS 315/21.5

    Amends the Illinois Public Labor Relations Act. Specifies further requirements for labor unit clarification. Provides that no collective bargaining agreement entered into between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may extend more than 12 months after the date on which the terms of office of executive branch constitutional officers begin (currently, may extend beyond June, 30). Provides an exemption concerning collective bargaining agreements and the increase of salary, wages, or benefits starting on or after the first day of the terms of office of executive branch constitutional officers. Modifies defined terms. Effective immediately.


LRB101 19306 RJF 68773 b

 

 

A BILL FOR

 

HB5364LRB101 19306 RJF 68773 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 9, and 21.5 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, actual, and more than incidental access to
23information relating to the effectuation or review of the

 

 

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1employer's collective bargaining policies. Determinations of
2confidential employee status shall be based on actual employee
3job duties and not on written job descriptions. The definition
4of "confidential employee" herein applies to all public
5employees.
6    (d) "Craft employees" means skilled journeymen, crafts
7persons, and their apprentices and helpers.
8    (e) "Essential services employees" means those public
9employees performing functions so essential that the
10interruption or termination of the function will constitute a
11clear and present danger to the health and safety of the
12persons in the affected community.
13    (f) "Exclusive representative", except with respect to
14non-State fire fighters and paramedics employed by fire
15departments and fire protection districts, non-State peace
16officers, and peace officers in the Department of State Police,
17means the labor organization that has been (i) designated by
18the Board as the representative of a majority of public
19employees in an appropriate bargaining unit in accordance with
20the procedures contained in this Act, (ii) historically
21recognized by the State of Illinois or any political
22subdivision of the State before July 1, 1984 (the effective
23date of this Act) as the exclusive representative of the
24employees in an appropriate bargaining unit, (iii) after July
251, 1984 (the effective date of this Act) recognized by an
26employer upon evidence, acceptable to the Board, that the labor

 

 

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1organization has been designated as the exclusive
2representative by a majority of the employees in an appropriate
3bargaining unit; (iv) recognized as the exclusive
4representative of personal assistants under Executive Order
52003-8 prior to the effective date of this amendatory Act of
6the 93rd General Assembly, and the organization shall be
7considered to be the exclusive representative of the personal
8assistants as defined in this Section; or (v) recognized as the
9exclusive representative of child and day care home providers,
10including licensed and license exempt providers, pursuant to an
11election held under Executive Order 2005-1 prior to the
12effective date of this amendatory Act of the 94th General
13Assembly, and the organization shall be considered to be the
14exclusive representative of the child and day care home
15providers as defined 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 representative by a

 

 

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1majority of the peace officers or fire fighters in an
2appropriate bargaining unit, or (iii) after January 1, 1986
3(the effective date of this amendatory Act of 1985) recognized
4by an employer upon evidence, acceptable to the Board, that the
5labor organization has been designated as the exclusive
6representative by a majority of the peace officers or fire
7fighters in an appropriate bargaining unit.
8    Where a historical pattern of representation exists for the
9workers of a water system that was owned by a public utility,
10as defined in Section 3-105 of the Public Utilities Act, prior
11to becoming certified employees of a municipality or
12municipalities once the municipality or municipalities have
13acquired the water system as authorized in Section 11-124-5 of
14the Illinois Municipal Code, the Board shall find the labor
15organization that has historically represented the workers to
16be the exclusive representative under this Act, and shall find
17the unit represented by the exclusive representative to be the
18appropriate unit.
19    (g) "Fair share agreement" means an agreement between the
20employer and an employee organization under which all or any of
21the employees in a collective bargaining unit are required to
22pay their proportionate share of the costs of the collective
23bargaining process, contract administration, and pursuing
24matters affecting wages, hours, and other conditions of
25employment, but not to exceed the amount of dues uniformly
26required of members. The amount certified by the exclusive

 

 

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

 

 

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1listed in the Legislative Commission Reorganization Act of
21984.
3    (h) "Governing body" means, in the case of the State, the
4State Panel of the Illinois Labor Relations Board, the Director
5of the Department of Central Management Services, and the
6Director of the Department of Labor; the county board in the
7case of a county; the corporate authorities in the case of a
8municipality; and the appropriate body authorized to provide
9for expenditures of its funds in the case of any other unit of
10government.
11    (i) "Labor organization" means any organization in which
12public employees participate and that exists for the purpose,
13in whole or in part, of dealing with a public employer
14concerning wages, hours, and other terms and conditions of
15employment, including the settlement of grievances.
16    (i-5) "Legislative liaison" means a person who is an
17employee of a State agency, the Attorney General, the Secretary
18of State, the Comptroller, or the Treasurer, as the case may
19be, and whose job duties require the person to regularly
20communicate in the course of his or her employment with any
21official or staff of the General Assembly of the State of
22Illinois for the purpose of influencing any legislative action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25for a majority of his or her employment time and is charged
26with the responsibility of, and devotes a majority of his or

 

 

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1her employment time to, directing the effectuation of
2management policies and practices. Exercise of discretion or
3acting on behalf of an office holder, agency head, or board or
4commission by professional employees, including attorneys, as
5part of the performance of their work as professional
6employees, does not constitute evidence of executive and
7management functions or of directing the effectuation of
8management policies and practices. Determination of managerial
9employee status shall be based on actual employee job duties
10and not on written job descriptions. No employee shall be
11determined to be a managerial employee as a matter of law. With
12respect only to State employees in positions under the
13jurisdiction of the Attorney General, Secretary of State,
14Comptroller, or Treasurer (i) that were certified in a
15bargaining unit on or after December 2, 2008, (ii) for which a
16petition is filed with the Illinois Public Labor Relations
17Board on or after April 5, 2013 (the effective date of Public
18Act 97-1172), or (iii) for which a petition is pending before
19the Illinois Public Labor Relations Board on that date,
20"managerial employee" means an individual who is engaged in
21executive and management functions or who is charged with the
22effectuation of management policies and practices or who
23represents management interests by taking or recommending
24discretionary actions that effectively control or implement
25policy. Nothing in this definition prohibits an individual from
26also meeting the definition of "supervisor" under subsection

 

 

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1(r) of this Section. The definition of "managerial employee"
2herein applies to all public employees.
3    (k) "Peace officer" means, for the purposes of this Act
4only, any persons who have been or are hereafter appointed to a
5police force, department, or agency and sworn or commissioned
6to perform police duties, except that the following persons are
7not included: part-time police officers, special police
8officers, auxiliary police as defined by Section 3.1-30-20 of
9the Illinois Municipal Code, night watchmen, "merchant
10police", court security officers as defined by Section 3-6012.1
11of the Counties Code, temporary employees, traffic guards or
12wardens, civilian parking meter and parking facilities
13personnel or other individuals specially appointed to aid or
14direct traffic at or near schools or public functions or to aid
15in civil defense or disaster, parking enforcement employees who
16are not commissioned as peace officers and who are not armed
17and who are not routinely expected to effect arrests, parking
18lot attendants, clerks and dispatchers or other civilian
19employees of a police department who are not routinely expected
20to effect arrests, or elected officials.
21    (l) "Person" includes one or more individuals, labor
22organizations, public employees, associations, corporations,
23legal representatives, trustees, trustees in bankruptcy,
24receivers, or the State of Illinois or any political
25subdivision of the State or governing body, but does not
26include the General Assembly of the State of Illinois or any

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1person who is a State employee under the jurisdiction of the
2Secretary of State who holds the position classification of
3Executive I or higher, whose position authorizes, either
4directly or indirectly, meaningful input into government
5decision-making on issues where there is room for principled
6disagreement on goals or their implementation, or who is
7otherwise exempt under the Secretary of State Merit Employment
8Code; employees in the Office of the Secretary of State who are
9completely exempt from jurisdiction B of the Secretary of State
10Merit Employment Code and who are in Rutan-exempt positions on
11or after April 5, 2013 (the effective date of Public Act
1297-1172); a person who is a State employee under the
13jurisdiction of the Treasurer who holds a position that is
14exempt from the State Treasurer Employment Code; any employee
15of a State agency who (i) holds the title or position of, or
16exercises substantially similar duties as a legislative
17liaison, Agency General Counsel, Agency Chief of Staff, Agency
18Executive Director, Agency Deputy Director, Agency Chief
19Fiscal Officer, Agency Human Resources Director, Public
20Information Officer, or Chief Information Officer and (ii) was
21neither included in a bargaining unit nor subject to an active
22petition for certification in a bargaining unit; any employee
23of a State agency who (i) is in a position that is
24Rutan-exempt, as designated by the employer, and completely
25exempt from jurisdiction B of the Personnel Code and (ii) was
26neither included in a bargaining unit nor subject to an active

 

 

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1petition for certification in a bargaining unit; any term
2appointed employee of a State agency pursuant to Section 8b.18
3or 8b.19 of the Personnel Code who was neither included in a
4bargaining unit nor subject to an active petition for
5certification in a bargaining unit; any employment position
6properly designated pursuant to Section 6.1 of this Act;
7confidential employees; independent contractors; and
8supervisors except as provided in this Act.
9    Home care and home health workers who function as personal
10assistants and individual maintenance home health workers and
11who also work under the Home Services Program under Section 3
12of the Rehabilitation of Persons with Disabilities Act shall
13not be considered public employees for any purposes not
14specifically provided for in Public Act 93-204 or Public Act
1597-1158, including but not limited to, purposes of vicarious
16liability in tort and purposes of statutory retirement or
17health insurance benefits. Home care and home health workers
18who function as personal assistants and individual maintenance
19home health workers and who also work under the Home Services
20Program under Section 3 of the Rehabilitation of Persons with
21Disabilities Act shall not be covered by the State Employees
22Group Insurance Act of 1971 (5 ILCS 375/).
23    Child and day care home providers shall not be considered
24public employees for any purposes not specifically provided for
25in this amendatory Act of the 94th General Assembly, including
26but not limited to, purposes of vicarious liability in tort and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1non-security employees in bargaining units having the majority
2of employees being responsible for the supervision and control
3of inmates at correctional facilities.
4    (q) "Short-term employee" means an employee who is employed
5for less than 2 consecutive calendar quarters during a calendar
6year and who does not have a reasonable assurance that he or
7she will be rehired by the same employer for the same service
8in a subsequent calendar year.
9    (q-5) "State agency" means an agency directly responsible
10to the Governor, as defined in Section 3.1 of the Executive
11Reorganization Implementation Act, and the Illinois Commerce
12Commission, the Illinois Workers' Compensation Commission, the
13Civil Service Commission, the Pollution Control Board, the
14Illinois Racing Board, and the Department of State Police Merit
15Board.
16    (r) "Supervisor" is:
17        (1) An employee whose principal work is substantially
18    different from that of his or her subordinates and who has
19    authority, in the interest of the employer, to hire,
20    transfer, suspend, lay off, recall, promote, discharge,
21    direct, reward, or discipline employees, to adjust their
22    grievances, or to effectively recommend any of those
23    actions without independent review by others, if the
24    exercise of that authority is not of a merely routine or
25    clerical nature, but requires the consistent use of
26    independent judgment on behalf of the employer. The

 

 

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1    authority to assign is not an indication of supervisory
2    status. Except with respect to police employment, the term
3    "supervisor" includes only those individuals who devote a
4    majority preponderance of their employment time to the
5    actual exercise of exercising that authority, State
6    supervisors notwithstanding. Determinations of supervisor
7    status shall be based on actual employee job duties and not
8    on written job descriptions. Nothing in this definition
9    prohibits an individual from also meeting the definition of
10    "managerial employee" under subsection (j) of this
11    Section. In addition, in determining supervisory status in
12    police employment, rank shall not be determinative. The
13    Board shall consider, as evidence of bargaining unit
14    inclusion or exclusion, the common law enforcement
15    policies and relationships between police officer ranks
16    and certification under applicable civil service law,
17    ordinances, personnel codes, or Division 2.1 of Article 10
18    of the Illinois Municipal Code, but these factors shall not
19    be the sole or predominant factors considered by the Board
20    in determining police supervisory status. Subject to the
21    following provisions of this subsection (r), the
22    definition of "supervisor" herein applies to all public
23    employees.
24        Notwithstanding the provisions of the preceding
25    paragraph, in determining supervisory status in fire
26    fighter employment, no fire fighter shall be excluded as a

 

 

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

 

 

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

 

 

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1than such sworn peace officers upon the effective date of this
2amendatory Act of 1990 or upon the expiration date of any
3collective bargaining agreement in effect upon the effective
4date of this amendatory Act of 1990 covering both such sworn
5peace officers and other employees. In bargaining units created
6after the effective date of this amendatory Act of the 101st
7General Assembly, a bargaining unit determined by the Board
8shall not include both employees and managerial employees, or
9managerial employees only, except as provided in paragraph (4)
10of this subsection (s).
11    (2) Notwithstanding the exclusion of supervisors from
12bargaining units as provided in paragraph (1) of this
13subsection (s), a public employer may agree to permit its
14supervisory employees to form bargaining units and may bargain
15with those units. This Act shall apply if the public employer
16chooses to bargain under this subsection. Changes to bargaining
17units formed under this paragraph (2) shall be made only in
18accordance with Section 9.
19    (3) Public employees who are court reporters, as defined in
20the Court Reporters Act, shall be divided into 3 units for
21collective bargaining purposes. One unit shall be court
22reporters employed by the Cook County Judicial Circuit; one
23unit shall be court reporters employed by the 12th, 18th, 19th,
24and, on and after December 4, 2006, the 22nd judicial circuits;
25and one unit shall be court reporters employed by all other
26judicial circuits.

 

 

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1    (4) Notwithstanding the exclusion of managerial employees
2from bargaining units as provided in paragraph (1) of this
3subsection (s), a public employer may agree to permit its
4managerial employees to form bargaining units and may bargain
5with those units. This Act shall apply if the public employer
6chooses to bargain under this subsection (s). Changes to
7bargaining units formed under this paragraph (4) shall be made
8only in accordance with Section 9.
9    (t) "Active petition for certification in a bargaining
10unit" means a petition for certification filed with the Board
11under one of the following case numbers: S-RC-11-110;
12S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
13S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
14S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
15S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
16S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
17S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
18S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
19S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
20S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
21S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
22S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
23S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
24S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
25S-RC-07-100.
26(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 

 

 

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1    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
2    Sec. 9. Elections; recognition.
3    (a) Whenever in accordance with such regulations as may be
4prescribed by the Board a petition has been filed:
5        (1) by a public employee or group of public employees
6    or any labor organization acting in their behalf
7    demonstrating that 30% of the public employees in an
8    appropriate unit (A) wish to be represented for the
9    purposes of collective bargaining by a labor organization
10    as exclusive representative, or (B) asserting that the
11    labor organization which has been certified or is currently
12    recognized by the public employer as bargaining
13    representative is no longer the representative of the
14    majority of public employees in the unit; or
15        (2) by a public employer alleging that one or more
16    labor organizations have presented to it a claim that they
17    be recognized as the representative of a majority of the
18    public employees in an appropriate unit,
19the Board shall investigate such petition, and if it has
20reasonable cause to believe that a question of representation
21exists, shall provide for an appropriate hearing upon due
22notice. Such hearing shall be held at the offices of the Board
23or such other location as the Board deems appropriate. If it
24finds upon the record of the hearing that a question of
25representation exists, it shall direct an election in

 

 

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1accordance with subsection (d) of this Section, which election
2shall be held not later than 120 days after the date the
3petition was filed regardless of whether that petition was
4filed before or after the effective date of this amendatory Act
5of 1987; provided, however, the Board may extend the time for
6holding an election by an additional 60 days if, upon motion by
7a person who has filed a petition under this Section or is the
8subject of a petition filed under this Section and is a party
9to such hearing, or upon the Board's own motion, the Board
10finds that good cause has been shown for extending the election
11date; provided further, that nothing in this Section shall
12prohibit the Board, in its discretion, from extending the time
13for holding an election for so long as may be necessary under
14the circumstances, where the purpose for such extension is to
15permit resolution by the Board of an unfair labor practice
16charge filed by one of the parties to a representational
17proceeding against the other based upon conduct which may
18either affect the existence of a question concerning
19representation or have a tendency to interfere with a fair and
20free election, where the party filing the charge has not filed
21a request to proceed with the election; and provided further
22that prior to the expiration of the total time allotted for
23holding an election, a person who has filed a petition under
24this Section or is the subject of a petition filed under this
25Section and is a party to such hearing or the Board, may move
26for and obtain the entry of an order in the circuit court of

 

 

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1the county in which the majority of the public employees sought
2to be represented by such person reside, such order extending
3the date upon which the election shall be held. Such order
4shall be issued by the circuit court only upon a judicial
5finding that there has been a sufficient showing that there is
6good cause to extend the election date beyond such period and
7shall require the Board to hold the election as soon as is
8feasible given the totality of the circumstances. Such 120 day
9period may be extended one or more times by the agreement of
10all parties to the hearing to a date certain without the
11necessity of obtaining a court order. Nothing in this Section
12prohibits the waiving of hearings by stipulation for the
13purpose of a consent election in conformity with the rules and
14regulations of the Board or an election in a unit agreed upon
15by the parties. Other interested employee organizations may
16intervene in the proceedings in the manner and within the time
17period specified by rules and regulations of the Board.
18Interested parties who are necessary to the proceedings may
19also intervene in the proceedings in the manner and within the
20time period specified by the rules and regulations of the
21Board.
22    (a-5) The Board shall designate an exclusive
23representative for purposes of collective bargaining when the
24representative demonstrates a showing of majority interest by
25employees in the unit. If the parties to a dispute are without
26agreement on the means to ascertain the choice, if any, of

 

 

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1employee organization as their representative, the Board shall
2ascertain the employees' choice of employee organization, on
3the basis of dues deduction authorization or other evidence,
4or, if necessary, by conducting an election. All evidence
5submitted by an employee organization to the Board to ascertain
6an employee's choice of an employee organization is
7confidential and shall not be submitted to the employer for
8review. The Board shall ascertain the employee's choice of
9employee organization within 120 days after the filing of the
10majority interest petition; however, the Board may extend time
11by an additional 60 days, upon its own motion or upon the
12motion of a party to the proceeding. If either party provides
13to the Board, before the designation of a representative, clear
14and convincing evidence that the dues deduction
15authorizations, and other evidence upon which the Board would
16otherwise rely to ascertain the employees' choice of
17representative, are fraudulent or were obtained through
18coercion, the Board shall promptly thereafter conduct an
19election. The Board shall also investigate and consider a
20party's allegations that the dues deduction authorizations and
21other evidence submitted in support of a designation of
22representative without an election were subsequently changed,
23altered, withdrawn, or withheld as a result of employer fraud,
24coercion, or any other unfair labor practice by the employer.
25If the Board determines that a labor organization would have
26had a majority interest but for an employer's fraud, coercion,

 

 

HB5364- 29 -LRB101 19306 RJF 68773 b

1or unfair labor practice, it shall designate the labor
2organization as an exclusive representative without conducting
3an election. If a hearing is necessary to resolve any issues of
4representation under this Section, the Board shall conclude its
5hearing process and issue a certification of the entire
6appropriate unit not later than 120 days after the date the
7petition was filed. The 120-day period may be extended one or
8more times by the agreement of all parties to a hearing to a
9date certain.
10    (a-6) A labor organization or an employer may file a unit
11clarification petition seeking to clarify an existing
12bargaining unit. Unit clarification petitions may be filed only
13if: (1) substantial changes occur in the duties and functions
14of an existing job title, raising an issue as to the title's
15unit placement; (2) an existing job title that is logically
16encompassed within the existing unit was inadvertently
17excluded by the parties at the time the unit was established;
18(3) a newly created job title is logically encompassed within
19an existing unit; (4) a significant change takes place in
20statutory law that affects the bargaining rights of employees;
21(5) a determination needs to be made as to the unit placement
22of positions in dispute following a majority interest
23certification of representative issued under subsection (a-5);
24(6) a determination needs to be made as to the unit placement
25of positions in dispute following a certification of
26representative issued following a direction of election under

 

 

HB5364- 30 -LRB101 19306 RJF 68773 b

1subsection (d); (7) the parties have agreed to eliminate a
2position or title because the employer no longer uses it; or
3(8) the parties have agreed to exclude some of the positions in
4a title or classification from a bargaining unit and include
5others. The Board shall conclude its investigation, including
6any hearing process deemed necessary, and issue a certification
7of clarified unit or dismiss the petition not later than 120
8days after the date the petition was filed. The 120-day period
9may be extended one or more times by the agreement of all
10parties to a hearing to a date certain.
11    (b) The Board shall decide in each case, in order to assure
12public employees the fullest freedom in exercising the rights
13guaranteed by this Act, a unit appropriate for the purpose of
14collective bargaining, based upon but not limited to such
15factors as: historical pattern of recognition; community of
16interest including employee skills and functions; degree of
17functional integration; interchangeability and contact among
18employees; fragmentation of employee groups; common
19supervision, wages, hours and other working conditions of the
20employees involved; and the desires of the employees. For
21purposes of this subsection, fragmentation shall not be the
22sole or predominant factor used by the Board in determining an
23appropriate bargaining unit. Except with respect to non-State
24fire fighters and paramedics employed by fire departments and
25fire protection districts, non-State peace officers and peace
26officers in the State Department of State Police, a single

 

 

HB5364- 31 -LRB101 19306 RJF 68773 b

1bargaining unit determined by the Board may not include both
2supervisors and nonsupervisors, except for bargaining units in
3existence on the effective date of this Act. With respect to
4non-State fire fighters and paramedics employed by fire
5departments and fire protection districts, non-State peace
6officers and peace officers in the State Department of State
7Police, a single bargaining unit determined by the Board may
8not include both supervisors and nonsupervisors, except for
9bargaining units in existence on the effective date of this
10amendatory Act of 1985.
11    In cases involving an historical pattern of recognition,
12and in cases where the employer has recognized the union as the
13sole and exclusive bargaining agent for a specified existing
14unit, the Board shall find the employees in the unit then
15represented by the union pursuant to the recognition to be the
16appropriate unit.
17    Notwithstanding the above factors, where the majority of
18public employees of a craft so decide, the Board shall
19designate such craft as a unit appropriate for the purposes of
20collective bargaining.
21    The Board shall not decide that any unit is appropriate if
22such unit includes both professional and nonprofessional
23employees, unless a majority of each group votes for inclusion
24in such unit.
25    In describing the unit found appropriate for purposes of
26collective bargaining, the Board shall, at a party's request,

 

 

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1describe the unit in job function terms rather than by job
2titles. Unit descriptions may also include those currently
3existing job titles that perform the job functions. A
4bargaining unit shall also include positions later filled that
5perform the job functions of a unit and job titles later
6created that: (i) are successor job titles to the currently
7existing job titles; (ii) perform the same or substantially
8similar job functions as the currently existing job titles; or
9(iii) are logically encompassed within an existing unit. The
10provisions of this paragraph shall apply to bargaining units in
11existence on the effective date of this amendatory Act of the
12101st General Assembly.
13    (c) Nothing in this Act shall interfere with or negate the
14current representation rights or patterns and practices of
15labor organizations which have historically represented public
16employees for the purpose of collective bargaining, including
17but not limited to the negotiations of wages, hours and working
18conditions, discussions of employees' grievances, resolution
19of jurisdictional disputes, or the establishment and
20maintenance of prevailing wage rates, unless a majority of
21employees so represented express a contrary desire pursuant to
22the procedures set forth in this Act.
23    (d) In instances where the employer does not voluntarily
24recognize a labor organization as the exclusive bargaining
25representative for a unit of employees, the Board shall
26determine the majority representative of the public employees

 

 

HB5364- 33 -LRB101 19306 RJF 68773 b

1in an appropriate collective bargaining unit by conducting a
2secret ballot election, except as otherwise provided in
3subsection (a-5). Within 7 days after the Board issues its
4bargaining unit determination and direction of election or the
5execution of a stipulation for the purpose of a consent
6election, the public employer shall submit to the labor
7organization the complete names and addresses of those
8employees who are determined by the Board to be eligible to
9participate in the election. When the Board has determined that
10a labor organization has been fairly and freely chosen by a
11majority of employees in an appropriate unit, it shall certify
12such organization as the exclusive representative. If the Board
13determines that a majority of employees in an appropriate unit
14has fairly and freely chosen not to be represented by a labor
15organization, it shall so certify. The Board may also revoke
16the certification of the public employee organizations as
17exclusive bargaining representatives which have been found by a
18secret ballot election to be no longer the majority
19representative.
20    (e) The Board shall not conduct an election in any
21bargaining unit or any subdivision thereof within which a valid
22election has been held in the preceding 12-month period. The
23Board shall determine who is eligible to vote in an election
24and shall establish rules governing the conduct of the election
25or conduct affecting the results of the election. The Board
26shall include on a ballot in a representation election a choice

 

 

HB5364- 34 -LRB101 19306 RJF 68773 b

1of "no representation". A labor organization currently
2representing the bargaining unit of employees shall be placed
3on the ballot in any representation election. In any election
4where none of the choices on the ballot receives a majority, a
5runoff election shall be conducted between the 2 choices
6receiving the largest number of valid votes cast in the
7election. A labor organization which receives a majority of the
8votes cast in an election shall be certified by the Board as
9exclusive representative of all public employees in the unit.
10    (f) A labor organization shall be designated as the
11exclusive representative by a public employer, provided that
12the labor organization represents a majority of the public
13employees in an appropriate unit. Any employee organization
14which is designated or selected by the majority of public
15employees, in a unit of the public employer having no other
16recognized or certified representative, as their
17representative for purposes of collective bargaining may
18request recognition by the public employer in writing. The
19public employer shall post such request for a period of at
20least 20 days following its receipt thereof on bulletin boards
21or other places used or reserved for employee notices.
22    (g) Within the 20-day period any other interested employee
23organization may petition the Board in the manner specified by
24rules and regulations of the Board, provided that such
25interested employee organization has been designated by at
26least 10% of the employees in an appropriate bargaining unit

 

 

HB5364- 35 -LRB101 19306 RJF 68773 b

1which includes all or some of the employees in the unit
2recognized by the employer. In such event, the Board shall
3proceed with the petition in the same manner as provided by
4paragraph (1) of subsection (a) of this Section.
5    (h) No election shall be directed by the Board in any
6bargaining unit where there is in force a valid collective
7bargaining agreement. The Board, however, may process an
8election petition filed between 90 and 60 days prior to the
9expiration of the date of an agreement, and may further refine,
10by rule or decision, the implementation of this provision.
11Where more than 4 years have elapsed since the effective date
12of the agreement, the agreement shall continue to bar an
13election, except that the Board may process an election
14petition filed between 90 and 60 days prior to the end of the
15fifth year of such an agreement, and between 90 and 60 days
16prior to the end of each successive year of such agreement.
17    (i) An order of the Board dismissing a representation
18petition, determining and certifying that a labor organization
19has been fairly and freely chosen by a majority of employees in
20an appropriate bargaining unit, determining and certifying
21that a labor organization has not been fairly and freely chosen
22by a majority of employees in the bargaining unit or certifying
23a labor organization as the exclusive representative of
24employees in an appropriate bargaining unit because of a
25determination by the Board that the labor organization is the
26historical bargaining representative of employees in the

 

 

HB5364- 36 -LRB101 19306 RJF 68773 b

1bargaining unit, is a final order. Any person aggrieved by any
2such order issued on or after the effective date of this
3amendatory Act of 1987 may apply for and obtain judicial review
4in accordance with provisions of the Administrative Review Law,
5as now or hereafter amended, except that such review shall be
6afforded directly in the Appellate Court for the district in
7which the aggrieved party resides or transacts business. Any
8direct appeal to the Appellate Court shall be filed within 35
9days from the date that a copy of the decision sought to be
10reviewed was served upon the party affected by the decision.
11(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
12    (5 ILCS 315/21.5)
13    Sec. 21.5. Termination of certain agreements after
14constitutional officers take office.
15    (a) No collective bargaining agreement entered into, on or
16after the effective date of this amendatory Act of the 96th
17General Assembly between an executive branch constitutional
18officer or any agency or department of an executive branch
19constitutional officer and a labor organization may extend more
20than 12 months after the date on beyond June 30th of the year
21in which the terms of office of executive branch constitutional
22officers begin.
23    (b) No collective bargaining agreement entered into, on or
24after the effective date of this amendatory Act of the 96th
25General Assembly between an executive branch constitutional

 

 

HB5364- 37 -LRB101 19306 RJF 68773 b

1officer or any agency or department of an executive branch
2constitutional officer and a labor organization may provide for
3an increase in salary, wages, or benefits starting on or after
4the first day of the terms of office of executive branch
5constitutional officers and ending June 30th of that same year.
6The provisions of this subsection (b) shall not apply to
7salary, pay schedules, or benefits that would continue because
8of the duty to maintain the status quo and to bargain in good
9faith.
10    (c) Any collective bargaining agreement in violation of
11this Section is terminated and rendered null and void by
12operation of law.
13    (d) For purposes of this Section, "executive branch
14constitutional officer" has the same meaning as that term is
15defined in the State Officials and Employees Ethics Act.
16(Source: P.A. 96-1529, eff. 2-16-11.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.