102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4960

 

Introduced 1/27/2022, by Rep. Lakesia Collins - Sue Scherer

 

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

    Amends the Illinois Public Labor Relations Act. Modifies defined terms for purposes of the Act, and provides that such defined terms apply to all public employees. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides that in describing the unit found appropriate for purposes of collective bargaining, the Illinois Labor Relations Board shall, at a party's request, describe the unit in job function terms rather than by job titles. Provides that unit descriptions may also include those currently existing job titles that perform the job functions. Provides that a bargaining unit shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit. Provides that specified provisions shall apply to bargaining units in existence on the effective date of this amendatory Act.


LRB102 25771 RJF 35101 b

 

 

A BILL FOR

 

HB4960LRB102 25771 RJF 35101 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 9 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    (Text of Section before amendment by P.A. 102-686)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and
16other conditions of employment, as detailed in Section 7 and
17which are not excluded by Section 4.
18    (c) "Confidential employee" means an employee who, in the
19regular course of his or her duties, assists and acts in a
20confidential capacity to persons who formulate, determine, and
21effectuate management policies with regard to labor relations
22or who, in the regular course of his or her duties, has
23authorized access to information relating to the effectuation

 

 

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1or review of the employer's collective bargaining policies.
2Determinations of confidential employee status shall be based
3on actual employee job duties and not solely on written job
4descriptions.
5    (d) "Craft employees" means skilled journeymen, crafts
6persons, and their apprentices and helpers.
7    (e) "Essential services employees" means those public
8employees performing functions so essential that the
9interruption or termination of the function will constitute a
10clear and present danger to the health and safety of the
11persons in the affected community.
12    (f) "Exclusive representative", except with respect to
13non-State fire fighters and paramedics employed by fire
14departments and fire protection districts, non-State peace
15officers, and peace officers in the Illinois State Police,
16means the labor organization that has been (i) designated by
17the Board as the representative of a majority of public
18employees in an appropriate bargaining unit in accordance with
19the procedures contained in this Act; , (ii) historically
20recognized by the State of Illinois or any political
21subdivision of the State before July 1, 1984 (the effective
22date of this Act) as the exclusive representative of the
23employees in an appropriate bargaining unit; , (iii) after July
241, 1984 (the effective date of this Act) recognized by an
25employer 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 employees in an
2appropriate bargaining unit; (iv) recognized as the exclusive
3representative of personal assistants under Executive Order
42003-8 prior to July 16, 2003 (the effective date of Public Act
593-204) this amendatory Act of the 93rd General Assembly, and
6the organization shall be considered to be the exclusive
7representative of the personal assistants as defined in this
8Section; or (v) recognized as the exclusive representative of
9child and day care home providers, including licensed and
10license exempt providers, pursuant to an election held under
11Executive Order 2005-1 prior to January 1, 2006 (the effective
12date of Public Act 94-320) this amendatory Act of the 94th
13General Assembly, and the organization shall be considered to
14be the exclusive 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 Illinois
19State 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
22fighters in an appropriate bargaining unit in accordance with
23the procedures contained in this Act, (ii) historically
24recognized by the State of Illinois or any political
25subdivision of the State before January 1, 1986 (the effective
26date of this amendatory Act of 1985) as the exclusive

 

 

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit, or (iii) after
3January 1, 1986 (the effective date of this amendatory Act of
41985) recognized by an employer upon evidence, acceptable to
5the Board, that the labor organization has been designated as
6the exclusive representative by a majority of the peace
7officers or fire fighters in an appropriate bargaining unit.
8    Where a historical pattern of representation exists for
9the workers of a water system that was owned by a public
10utility, as defined in Section 3-105 of the Public Utilities
11Act, prior to becoming certified employees of a municipality
12or municipalities 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
21of the employees in a collective bargaining unit are required
22to pay their proportionate share of the costs of the
23collective bargaining process, contract administration, and
24pursuing matters affecting wages, hours, and other conditions
25of employment, 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
4preclude an employee from making voluntary political
5contributions in conjunction with his or her fair share
6payment.
7    (g-1) "Fire fighter" means, for the purposes of this Act
8only, any person who has been or is hereafter appointed to a
9fire department or fire protection district or employed by a
10state university and sworn or commissioned to perform fire
11fighter duties or paramedic duties, including paramedics
12employed by a unit of local government, except that the
13following persons are not included: part-time fire fighters,
14auxiliary, reserve or voluntary fire fighters, including paid
15on-call fire fighters, clerks and dispatchers or other
16civilian employees of a fire department or fire protection
17district who are not routinely expected to perform fire
18fighter duties, or elected officials.
19    (g-2) "General Assembly of the State of Illinois" means
20the legislative branch of the government of the State of
21Illinois, as provided for under Article IV of the Constitution
22of the State of Illinois, and includes, but is not limited to,
23the House of Representatives, the Senate, the Speaker of the
24House of Representatives, the Minority Leader of the House of
25Representatives, the President of the Senate, the Minority
26Leader of the Senate, the Joint Committee on Legislative

 

 

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

 

 

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1and is charged with the responsibility of directing the
2effectuation of management policies and practices.
3Determination of managerial employee status shall be based on
4actual employee job duties and not solely on written job
5descriptions. With respect only to State employees in
6positions under the jurisdiction of the Attorney General,
7Secretary of State, Comptroller, or Treasurer (i) that were
8certified in a bargaining unit on or after December 2, 2008,
9(ii) for which a petition is filed with the Illinois Public
10Labor Relations Board on or after April 5, 2013 (the effective
11date of Public Act 97-1172), or (iii) for which a petition is
12pending before the Illinois Public Labor Relations Board on
13that date, "managerial employee" means an individual who is
14engaged in executive and management functions or who is
15charged with the effectuation of management policies and
16practices or who represents management interests by taking or
17recommending discretionary actions that effectively control or
18implement policy. Nothing in this definition prohibits an
19individual from also meeting the definition of "supervisor"
20under subsection (r) of this Section.
21    (k) "Peace officer" means, for the purposes of this Act
22only, any persons who have been or are hereafter appointed to a
23police force, department, or agency and sworn or commissioned
24to perform police duties, except that the following persons
25are not included: part-time police officers, special police
26officers, auxiliary police as defined by Section 3.1-30-20 of

 

 

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1the Illinois Municipal Code, night watchmen, "merchant
2police", court security officers as defined by Section
33-6012.1 of the Counties Code, temporary employees, traffic
4guards or wardens, civilian parking meter and parking
5facilities personnel or other individuals specially appointed
6to aid or direct traffic at or near schools or public functions
7or to aid in civil defense or disaster, parking enforcement
8employees who are not commissioned as peace officers and who
9are not armed and who are not routinely expected to effect
10arrests, parking lot attendants, clerks and dispatchers or
11other civilian employees of a police department who are not
12routinely expected to effect arrests, or elected officials.
13    (l) "Person" includes one or more individuals, labor
14organizations, public employees, associations, corporations,
15legal representatives, trustees, trustees in bankruptcy,
16receivers, or the State of Illinois or any political
17subdivision of the State or governing body, but does not
18include the General Assembly of the State of Illinois or any
19individual employed by the General Assembly of the State of
20Illinois.
21    (m) "Professional employee" means any employee engaged in
22work predominantly intellectual and varied in character rather
23than routine mental, manual, mechanical or physical work;
24involving the consistent exercise of discretion and adjustment
25in its performance; of such a character that the output
26produced or the result accomplished cannot be standardized in

 

 

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1relation to a given period of time; and requiring advanced
2knowledge in a field of science or learning customarily
3acquired by a prolonged course of specialized intellectual
4instruction and study in an institution of higher learning or
5a hospital, as distinguished from a general academic education
6or from apprenticeship or from training in the performance of
7routine mental, manual, or physical processes; or any employee
8who has completed the courses of specialized intellectual
9instruction and study prescribed in this subsection (m) and is
10performing related work under the supervision of a
11professional person to qualify to become a professional
12employee as defined in this subsection (m).
13    (n) "Public employee" or "employee", for the purposes of
14this Act, means any individual employed by a public employer,
15including (i) interns and residents at public hospitals, (ii)
16as of July 16, 2003 (the effective date of Public Act 93-204)
17this amendatory Act of the 93rd General Assembly, but not
18before, personal assistants working under the Home Services
19Program under Section 3 of the Rehabilitation of Persons with
20Disabilities Act, subject to the limitations set forth in this
21Act and in the Rehabilitation of Persons with Disabilities
22Act, (iii) as of January 1, 2006 (the effective date of Public
23Act 94-320) this amendatory Act of the 94th General Assembly,
24but not before, child and day care home providers
25participating in the child care assistance program under
26Section 9A-11 of the Illinois Public Aid Code, subject to the

 

 

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1limitations set forth in this Act and in Section 9A-11 of the
2Illinois Public Aid Code, (iv) as of January 29, 2013 (the
3effective date of Public Act 97-1158), but not before except
4as otherwise provided in this subsection (n), home care and
5home health workers who function as personal assistants and
6individual maintenance home health workers and who also work
7under the Home Services Program under Section 3 of the
8Rehabilitation of Persons with Disabilities Act, no matter
9whether the State provides those services through direct
10fee-for-service arrangements, with the assistance of a managed
11care organization or other intermediary, or otherwise, (v)
12beginning on July 19, 2013 (the effective date of Public Act
1398-100) this amendatory Act of the 98th General Assembly and
14notwithstanding any other provision of this Act, any person
15employed by a public employer and who is classified as or who
16holds the employment title of Chief Stationary Engineer,
17Assistant Chief Stationary Engineer, Sewage Plant Operator,
18Water Plant Operator, Stationary Engineer, Plant Operating
19Engineer, and any other employee who holds the position of:
20Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
21Technical Manager I, Technical Manager II, Technical Manager
22III, Technical Manager IV, Technical Manager V, Technical
23Manager VI, Realty Specialist III, Realty Specialist IV,
24Realty Specialist V, Technical Advisor I, Technical Advisor
25II, Technical Advisor III, Technical Advisor IV, or Technical
26Advisor V employed by the Department of Transportation who is

 

 

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1in a position which is certified in a bargaining unit on or
2before July 19, 2013 (the effective date of Public Act 98-100)
3this amendatory Act of the 98th General Assembly, and (vi)
4beginning on July 19, 2013 (the effective date of Public Act
598-100) this amendatory Act of the 98th General Assembly and
6notwithstanding any other provision of this Act, any mental
7health administrator in the Department of Corrections who is
8classified as or who holds the position of Public Service
9Administrator (Option 8K), any employee of the Office of the
10Inspector General in the Department of Human Services who is
11classified as or who holds the position of Public Service
12Administrator (Option 7), any Deputy of Intelligence in the
13Department of Corrections who is classified as or who holds
14the position of Public Service Administrator (Option 7), and
15any employee of the Illinois State Police who handles issues
16concerning the Illinois State Police Sex Offender Registry and
17who is classified as or holds the position of Public Service
18Administrator (Option 7), but excluding all of the following:
19employees of the General Assembly of the State of Illinois;
20elected officials; executive heads of a department; members of
21boards or commissions; the Executive Inspectors General; any
22special Executive Inspectors General; employees of each Office
23of an Executive Inspector General; commissioners and employees
24of the Executive Ethics Commission; the Auditor General's
25Inspector General; employees of the Office of the Auditor
26General's Inspector General; the Legislative Inspector

 

 

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1General; any special Legislative Inspectors General; employees
2of the Office of the Legislative Inspector General;
3commissioners and employees of the Legislative Ethics
4Commission; employees of any agency, board or commission
5created by this Act; employees appointed to State positions of
6a temporary or emergency nature; all employees of school
7districts and higher education institutions except
8firefighters and peace officers employed by a state university
9and except peace officers employed by a school district in its
10own police department in existence on July 23, 2010 (the
11effective date of Public Act 96-1257) this amendatory Act of
12the 96th General Assembly; managerial employees; short-term
13employees; legislative liaisons; a person who is a State
14employee under the jurisdiction of the Office of the Attorney
15General who is licensed to practice law or whose position
16authorizes, either directly or indirectly, meaningful input
17into government decision-making on issues where there is room
18for principled disagreement on goals or their implementation;
19a person who is a State employee under the jurisdiction of the
20Office of the Comptroller who holds the position of Public
21Service Administrator or whose position is otherwise exempt
22under the Comptroller Merit Employment Code; a person who is a
23State employee under the jurisdiction of the Secretary of
24State who holds the position classification of Executive I or
25higher, whose position authorizes, either directly or
26indirectly, meaningful input into government decision-making

 

 

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1on issues where there is room for principled disagreement on
2goals or their implementation, or who is otherwise exempt
3under the Secretary of State Merit Employment Code; employees
4in the Office of the Secretary of State who are completely
5exempt from jurisdiction B of the Secretary of State Merit
6Employment Code and who are in Rutan-exempt positions on or
7after April 5, 2013 (the effective date of Public Act
897-1172); a person who is a State employee under the
9jurisdiction of the Treasurer who holds a position that is
10exempt from the State Treasurer Employment Code; any employee
11of a State agency who (i) holds the title or position of, or
12exercises substantially similar duties as a legislative
13liaison, Agency General Counsel, Agency Chief of Staff, Agency
14Executive Director, Agency Deputy Director, Agency Chief
15Fiscal Officer, Agency Human Resources Director, Public
16Information Officer, or Chief Information Officer and (ii) was
17neither included in a bargaining unit nor subject to an active
18petition for certification in a bargaining unit; any employee
19of a State agency who (i) is in a position that is
20Rutan-exempt, as designated by the employer, and completely
21exempt from jurisdiction B of the Personnel Code and (ii) was
22neither included in a bargaining unit nor subject to an active
23petition for certification in a bargaining unit; any term
24appointed employee of a State agency pursuant to Section 8b.18
25or 8b.19 of the Personnel Code who was neither included in a
26bargaining unit nor subject to an active petition for

 

 

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1certification in a bargaining unit; any employment position
2properly designated pursuant to Section 6.1 of this Act;
3confidential employees; independent contractors; and
4supervisors except as provided in this Act.
5    Home care and home health workers who function as personal
6assistants and individual maintenance home health workers and
7who also work under the Home Services Program under Section 3
8of the Rehabilitation of Persons with Disabilities Act shall
9not be considered public employees for any purposes not
10specifically provided for in Public Act 93-204 or Public Act
1197-1158, including, but not limited to, purposes of vicarious
12liability in tort and purposes of statutory retirement or
13health insurance benefits. Home care and home health workers
14who function as personal assistants and individual maintenance
15home health workers and who also work under the Home Services
16Program under Section 3 of the Rehabilitation of Persons with
17Disabilities Act shall not be covered by the State Employees
18Group Insurance Act of 1971.
19    Child and day care home providers shall not be considered
20public employees for any purposes not specifically provided
21for in Public Act 94-320 this amendatory Act of the 94th
22General Assembly, including, but not limited to, purposes of
23vicarious liability in tort and purposes of statutory
24retirement or health insurance benefits. Child and day care
25home providers shall not be covered by the State Employees
26Group Insurance Act of 1971.

 

 

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1    Notwithstanding Section 9, subsection (c), or any other
2provisions of this Act, all peace officers above the rank of
3captain in municipalities with more than 1,000,000 inhabitants
4shall be excluded from this Act.
5    (o) Except as otherwise in subsection (o-5), "public
6employer" or "employer" means the State of Illinois; any
7political subdivision of the State, unit of local government
8or school district; authorities including departments,
9divisions, bureaus, boards, commissions, or other agencies of
10the foregoing entities; and any person acting within the scope
11of his or her authority, express or implied, on behalf of those
12entities in dealing with its employees. As of July 16, 2003
13(the effective date of Public Act 93-204) the amendatory Act
14of the 93rd General Assembly, but not before, the State of
15Illinois shall be considered the employer of the personal
16assistants working under the Home Services Program under
17Section 3 of the Rehabilitation of Persons with Disabilities
18Act, subject to the limitations set forth in this Act and in
19the Rehabilitation of Persons with Disabilities Act. As of
20January 29, 2013 (the effective date of Public Act 97-1158),
21but not before except as otherwise provided in this subsection
22(o), the State shall be considered the employer of home care
23and home health workers who function as personal assistants
24and individual maintenance home health workers and who also
25work under the Home Services Program under Section 3 of the
26Rehabilitation of Persons with Disabilities Act, no matter

 

 

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1whether the State provides those services through direct
2fee-for-service arrangements, with the assistance of a managed
3care organization or other intermediary, or otherwise, but
4subject to the limitations set forth in this Act and the
5Rehabilitation of Persons with Disabilities Act. The State
6shall not be considered to be the employer of home care and
7home health workers who function as personal assistants and
8individual maintenance home health workers and who also work
9under the Home Services Program under Section 3 of the
10Rehabilitation of Persons with Disabilities Act, for any
11purposes not specifically provided for in Public Act 93-204 or
12Public Act 97-1158, including but not limited to, purposes of
13vicarious liability in tort and purposes of statutory
14retirement or health insurance benefits. Home care and home
15health workers who function as personal assistants and
16individual maintenance home health workers and who also work
17under the Home Services Program under Section 3 of the
18Rehabilitation of Persons with Disabilities Act shall not be
19covered by the State Employees Group Insurance Act of 1971. As
20of January 1, 2006 (the effective date of Public Act 94-320)
21this amendatory Act of the 94th General Assembly but not
22before, the State of Illinois shall be considered the employer
23of the day and child care home providers participating in the
24child care assistance program under Section 9A-11 of the
25Illinois Public Aid Code, subject to the limitations set forth
26in this Act and in Section 9A-11 of the Illinois Public Aid

 

 

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1Code. The State shall not be considered to be the employer of
2child and day care home providers for any purposes not
3specifically provided for in Public Act 94-320 this amendatory
4Act of the 94th General Assembly, including, but not limited
5to, purposes of vicarious liability in tort and purposes of
6statutory retirement or health insurance benefits. Child and
7day care home providers shall not be covered by the State
8Employees Group Insurance Act of 1971.
9    "Public employer" or "employer" as used in this Act,
10however, does not mean and shall not include the General
11Assembly of the State of Illinois, the Executive Ethics
12Commission, the Offices of the Executive Inspectors General,
13the Legislative Ethics Commission, the Office of the
14Legislative Inspector General, the Office of the Auditor
15General's Inspector General, the Office of the Governor, the
16Governor's Office of Management and Budget, the Illinois
17Finance Authority, the Office of the Lieutenant Governor, the
18State Board of Elections, and educational employers or
19employers as defined in the Illinois Educational Labor
20Relations Act, except with respect to a state university in
21its employment of firefighters and peace officers and except
22with respect to a school district in the employment of peace
23officers in its own police department in existence on July 23,
242010 (the effective date of Public Act 96-1257) this
25amendatory Act of the 96th General Assembly. County boards and
26county sheriffs shall be designated as joint or co-employers

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1State Police, a bargaining unit determined by the Board shall
2not include both employees and supervisors, or supervisors
3only, except as provided in paragraph (2) of this subsection
4(s) and except for bargaining units in existence on July 1,
51984 (the effective date of this Act). With respect to
6non-State fire fighters and paramedics employed by fire
7departments and fire protection districts, non-State peace
8officers, and peace officers in the Illinois State Police, a
9bargaining unit determined by the Board shall not include both
10supervisors and nonsupervisors, or supervisors only, except as
11provided in paragraph (2) of this subsection (s) and except
12for bargaining units in existence on January 1, 1986 (the
13effective date of this amendatory Act of 1985). A bargaining
14unit determined by the Board to contain peace officers shall
15contain no employees other than peace officers unless
16otherwise agreed to by the employer and the labor organization
17or labor organizations involved. Notwithstanding any other
18provision of this Act, a bargaining unit, including a
19historical bargaining unit, containing sworn peace officers of
20the Department of Natural Resources (formerly designated the
21Department of Conservation) shall contain no employees other
22than such sworn peace officers upon September 11, 1990 (the
23effective date of Public Act 86-1413) this amendatory Act of
241990 or upon the expiration date of any collective bargaining
25agreement in effect upon September 11, 1990 (the effective
26date of Public Act 86-1413) this amendatory Act of 1990

 

 

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1covering both such sworn peace officers and other employees.
2    (2) Notwithstanding the exclusion of supervisors from
3bargaining units as provided in paragraph (1) of this
4subsection (s), a public employer may agree to permit its
5supervisory employees to form bargaining units and may bargain
6with those units. This Act shall apply if the public employer
7chooses to bargain under this subsection.
8    (3) Public employees who are court reporters, as defined
9in the Court Reporters Act, shall be divided into 3 units for
10collective bargaining purposes. One unit shall be court
11reporters employed by the Cook County Judicial Circuit; one
12unit shall be court reporters employed by the 12th, 18th,
1319th, and, on and after December 4, 2006, the 22nd judicial
14circuits; and one unit shall be court reporters employed by
15all other judicial circuits.
16    (t) "Active petition for certification in a bargaining
17unit" means a petition for certification filed with the Board
18under one of the following case numbers: S-RC-11-110;
19S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
20S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
21S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
22S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
23S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
24S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
25S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
26S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

 

 

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1S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
2S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
3S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
4S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
5S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
6S-RC-07-100.
7(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
8revised 10-13-21.)
 
9    (Text of Section after amendment by P.A. 102-686)
10    Sec. 3. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Board" means the Illinois Labor Relations Board or,
13with respect to a matter over which the jurisdiction of the
14Board is assigned to the State Panel or the Local Panel under
15Section 5, the panel having jurisdiction over the matter.
16    (b) "Collective bargaining" means bargaining over terms
17and conditions of employment, including hours, wages, and
18other conditions of employment, as detailed in Section 7 and
19which are not excluded by Section 4.
20    (c) "Confidential employee" means an employee who, in the
21regular course of his or her duties, assists and acts in a
22confidential capacity to persons who formulate, determine, and
23effectuate management policies with regard to labor relations
24or who, in the regular course of his or her duties, has
25authorized, actual, and more than incidental access to

 

 

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1information relating to the effectuation or review of the
2employer's collective bargaining policies. Determinations of
3confidential employee status shall be based on actual employee
4job duties and not solely on written job descriptions. The
5definition of "confidential employee" herein applies to all
6public employees.
7    (d) "Craft employees" means skilled journeymen, crafts
8persons, and their apprentices and helpers.
9    (e) "Essential services employees" means those public
10employees performing functions so essential that the
11interruption or termination of the function will constitute a
12clear and present danger to the health and safety of the
13persons in the affected community.
14    (f) "Exclusive representative", except with respect to
15non-State fire fighters and paramedics employed by fire
16departments and fire protection districts, non-State peace
17officers, and peace officers in the Illinois State Police,
18means the labor organization that has been (i) designated by
19the Board as the representative of a majority of public
20employees in an appropriate bargaining unit in accordance with
21the procedures contained in this Act; , (ii) historically
22recognized by the State of Illinois or any political
23subdivision of the State before July 1, 1984 (the effective
24date of this Act) as the exclusive representative of the
25employees in an appropriate bargaining unit; , (iii) after July
261, 1984 (the effective date of this Act) recognized by an

 

 

HB4960- 26 -LRB102 25771 RJF 35101 b

1employer upon evidence, acceptable to the Board, that the
2labor organization has been designated as the exclusive
3representative by a majority of the employees in an
4appropriate bargaining unit; (iv) recognized as the exclusive
5representative of personal assistants under Executive Order
62003-8 prior to July 16, 2003 (the effective date of Public Act
793-204) this amendatory Act of the 93rd General Assembly, and
8the organization shall be considered to be the exclusive
9representative of the personal assistants as defined in this
10Section; or (v) recognized as the exclusive representative of
11child and day care home providers, including licensed and
12license exempt providers, pursuant to an election held under
13Executive Order 2005-1 prior to January 1, 2006 (the effective
14date of Public Act 94-320) this amendatory Act of the 94th
15General Assembly, and the organization shall be considered to
16be the exclusive representative of the child and day care home
17providers as defined in this Section.
18    With respect to non-State fire fighters and paramedics
19employed by fire departments and fire protection districts,
20non-State peace officers, and peace officers in the Illinois
21State Police, "exclusive representative" means the labor
22organization that has been (i) designated by the Board as the
23representative of a majority of peace officers or fire
24fighters in an appropriate bargaining unit in accordance with
25the procedures contained in this Act, (ii) historically
26recognized by the State of Illinois or any political

 

 

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1subdivision of the State before January 1, 1986 (the effective
2date of this amendatory Act of 1985) as the exclusive
3representative by a majority of the peace officers or fire
4fighters in an appropriate bargaining unit, or (iii) after
5January 1, 1986 (the effective date of this amendatory Act of
61985) recognized by an employer upon evidence, acceptable to
7the Board, that the labor organization has been designated as
8the exclusive representative by a majority of the peace
9officers or fire fighters in an appropriate bargaining unit.
10    Where a historical pattern of representation exists for
11the workers of a water system that was owned by a public
12utility, as defined in Section 3-105 of the Public Utilities
13Act, prior to becoming certified employees of a municipality
14or municipalities once the municipality or municipalities have
15acquired the water system as authorized in Section 11-124-5 of
16the Illinois Municipal Code, the Board shall find the labor
17organization that has historically represented the workers to
18be the exclusive representative under this Act, and shall find
19the unit represented by the exclusive representative to be the
20appropriate unit.
21    (g) "Fair share agreement" means an agreement between the
22employer and an employee organization under which all or any
23of the employees in a collective bargaining unit are required
24to pay their proportionate share of the costs of the
25collective bargaining process, contract administration, and
26pursuing matters affecting wages, hours, and other conditions

 

 

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

 

 

HB4960- 29 -LRB102 25771 RJF 35101 b

1Representatives, the President of the Senate, the Minority
2Leader of the Senate, the Joint Committee on Legislative
3Support Services, and any legislative support services agency
4listed in the Legislative Commission Reorganization Act of
51984.
6    (h) "Governing body" means, in the case of the State, the
7State Panel of the Illinois Labor Relations Board, the
8Director of the Department of Central Management Services, and
9the Director of the Department of Labor; the county board in
10the case of a county; the corporate authorities in the case of
11a municipality; and the appropriate body authorized to provide
12for expenditures of its funds in the case of any other unit of
13government.
14    (i) "Labor organization" means any organization in which
15public employees participate and that exists for the purpose,
16in whole or in part, of dealing with a public employer
17concerning wages, hours, and other terms and conditions of
18employment, including the settlement of grievances.
19    (i-5) "Legislative liaison" means a person who is an
20employee of a State agency, the Attorney General, the
21Secretary of State, the Comptroller, or the Treasurer, as the
22case may be, and whose job duties require the person to
23regularly communicate in the course of his or her employment
24with any official or staff of the General Assembly of the State
25of Illinois for the purpose of influencing any legislative
26action.

 

 

HB4960- 30 -LRB102 25771 RJF 35101 b

1    (j) "Managerial employee" means an individual who is
2engaged predominantly in executive and management functions
3for a majority of his or her employment time and is charged
4with the responsibility of, and devotes a majority of his or
5her employment time to, directing the effectuation of
6management policies and practices. Exercise of discretion or
7acting on behalf of an office holder, agency head, or board or
8commission by professional employees, including attorneys, as
9part of the performance of their work as professional
10employees, does not constitute evidence of executive and
11management functions or of directing the effectuation of
12management policies and practices. Determination of managerial
13employee status shall be based on actual employee job duties
14and not on written job descriptions. No employee shall be
15determined to be a managerial employee as a matter of law.
16Determination of managerial employee status shall be based on
17actual employee job duties and not solely on written job
18descriptions. With respect only to State employees in
19positions under the jurisdiction of the Attorney General,
20Secretary of State, Comptroller, or Treasurer (i) that were
21certified in a bargaining unit on or after December 2, 2008,
22(ii) for which a petition is filed with the Illinois Public
23Labor Relations Board on or after April 5, 2013 (the effective
24date of Public Act 97-1172), or (iii) for which a petition is
25pending before the Illinois Public Labor Relations Board on
26that date, "managerial employee" means an individual who is

 

 

HB4960- 31 -LRB102 25771 RJF 35101 b

1engaged in executive and management functions or who is
2charged with the effectuation of management policies and
3practices or who represents management interests by taking or
4recommending discretionary actions that effectively control or
5implement policy. Nothing in this definition prohibits an
6individual from also meeting the definition of "supervisor"
7under subsection (r) of this Section. The definition of
8"managerial employee" herein applies to all public employees.
9    (k) "Peace officer" means, for the purposes of this Act
10only, any persons who have been or are hereafter appointed to a
11police force, department, or agency and sworn or commissioned
12to perform police duties, except that the following persons
13are not included: part-time police officers, special police
14officers, auxiliary police as defined by Section 3.1-30-20 of
15the Illinois Municipal Code, night watchmen, "merchant
16police", court security officers as defined by Section
173-6012.1 of the Counties Code, temporary employees, traffic
18guards or wardens, civilian parking meter and parking
19facilities personnel or other individuals specially appointed
20to aid or direct traffic at or near schools or public functions
21or to aid in civil defense or disaster, parking enforcement
22employees who are not commissioned as peace officers and who
23are not armed and who are not routinely expected to effect
24arrests, parking lot attendants, clerks and dispatchers or
25other civilian employees of a police department who are not
26routinely expected to effect arrests, or elected officials.

 

 

HB4960- 32 -LRB102 25771 RJF 35101 b

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

 

 

HB4960- 33 -LRB102 25771 RJF 35101 b

1    (n) "Public employee" or "employee", for the purposes of
2this Act, means any individual employed by a public employer,
3including (i) interns and residents at public hospitals, (ii)
4as of July 16, 2003 (the effective date of Public Act 93-204)
5this amendatory Act of the 93rd General Assembly, but not
6before, personal assistants working under the Home Services
7Program under Section 3 of the Rehabilitation of Persons with
8Disabilities Act, subject to the limitations set forth in this
9Act and in the Rehabilitation of Persons with Disabilities
10Act, (iii) as of January 1, 2006 (the effective date of Public
11Act 94-320) this amendatory Act of the 94th General Assembly,
12but not before, child and day care home providers
13participating in the child care assistance program under
14Section 9A-11 of the Illinois Public Aid Code, subject to the
15limitations set forth in this Act and in Section 9A-11 of the
16Illinois Public Aid Code, (iv) as of January 29, 2013 (the
17effective date of Public Act 97-1158), but not before except
18as otherwise provided in this subsection (n), home care and
19home health workers who function as personal assistants and
20individual maintenance home health workers and who also work
21under the Home Services Program under Section 3 of the
22Rehabilitation of Persons with Disabilities Act, no matter
23whether the State provides those services through direct
24fee-for-service arrangements, with the assistance of a managed
25care organization or other intermediary, or otherwise, (v)
26beginning on July 19, 2013 (the effective date of Public Act

 

 

HB4960- 34 -LRB102 25771 RJF 35101 b

198-100) this amendatory Act of the 98th General Assembly and
2notwithstanding any other provision of this Act, any person
3employed by a public employer and who is classified as or who
4holds the employment title of Chief Stationary Engineer,
5Assistant Chief Stationary Engineer, Sewage Plant Operator,
6Water Plant Operator, Stationary Engineer, Plant Operating
7Engineer, and any other employee who holds the position of:
8Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
9Technical Manager I, Technical Manager II, Technical Manager
10III, Technical Manager IV, Technical Manager V, Technical
11Manager VI, Realty Specialist III, Realty Specialist IV,
12Realty Specialist V, Technical Advisor I, Technical Advisor
13II, Technical Advisor III, Technical Advisor IV, or Technical
14Advisor V employed by the Department of Transportation who is
15in a position which is certified in a bargaining unit on or
16before July 19, 2013 (the effective date of Public Act 98-100)
17this amendatory Act of the 98th General Assembly, and (vi)
18beginning on July 19, 2013 (the effective date of Public Act
1998-100) this 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

 

 

HB4960- 35 -LRB102 25771 RJF 35101 b

1Department of Corrections who is classified as or who holds
2the position of Public Service Administrator (Option 7), and
3any employee of the Illinois 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), but excluding all of the following:
7employees of the General Assembly of the State of Illinois;
8elected officials; executive heads of a department; members of
9boards or commissions; the Executive Inspectors General; any
10special Executive Inspectors General; employees of each Office
11of an Executive Inspector General; commissioners and employees
12of the Executive Ethics Commission; the Auditor General's
13Inspector General; employees of the Office of the Auditor
14General's Inspector General; the Legislative Inspector
15General; any special Legislative Inspectors General; employees
16of the Office of the Legislative Inspector General;
17commissioners and employees of the Legislative Ethics
18Commission; employees of any agency, board or commission
19created by this Act; employees appointed to State positions of
20a temporary or emergency nature; all employees of school
21districts and higher education institutions except
22firefighters and peace officers employed by a state university
23and except peace officers employed by a school district in its
24own police department in existence on July 23, 2010 (the
25effective date of Public Act 96-1257) this amendatory Act of
26the 96th General Assembly; managerial employees; short-term

 

 

HB4960- 36 -LRB102 25771 RJF 35101 b

1employees; legislative liaisons; a person who is a State
2employee under the jurisdiction of the Office of the Attorney
3General who is licensed to practice law or whose position
4authorizes, either directly or indirectly, meaningful input
5into government decision-making on issues where there is room
6for principled disagreement on goals or their implementation;
7a person who is a State employee under the jurisdiction of the
8Office of the Comptroller who holds the position of Public
9Service Administrator or whose position is otherwise exempt
10under the Comptroller Merit Employment Code; a person who is a
11State employee under the jurisdiction of the Secretary of
12State who holds the position classification of Executive I or
13higher, whose position authorizes, either directly or
14indirectly, meaningful input into government decision-making
15on issues where there is room for principled disagreement on
16goals or their implementation, or who is otherwise exempt
17under the Secretary of State Merit Employment Code; employees
18in the Office of the Secretary of State who are completely
19exempt from jurisdiction B of the Secretary of State Merit
20Employment Code and who are in Rutan-exempt positions on or
21after April 5, 2013 (the effective date of Public Act
2297-1172); a person who is a State employee under the
23jurisdiction of the Treasurer who holds a position that is
24exempt from the State Treasurer Employment Code; any employee
25of a State agency who (i) holds the title or position of, or
26exercises substantially similar duties as a legislative

 

 

HB4960- 37 -LRB102 25771 RJF 35101 b

1liaison, Agency General Counsel, Agency Chief of Staff, Agency
2Executive Director, Agency Deputy Director, Agency Chief
3Fiscal Officer, Agency Human Resources Director, Public
4Information Officer, or Chief Information Officer and (ii) was
5neither included in a bargaining unit nor subject to an active
6petition for certification in a bargaining unit; any employee
7of a State agency who (i) is in a position that is
8Rutan-exempt, as designated by the employer, and completely
9exempt from jurisdiction B of the Personnel Code and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any term
12appointed employee of a State agency pursuant to Section 8b.18
13or 8b.19 of the Personnel Code who was neither included in a
14bargaining unit nor subject to an active petition for
15certification in a bargaining unit; any employment position
16properly designated pursuant to Section 6.1 of this Act;
17confidential employees; independent contractors; and
18supervisors except as provided in this Act.
19    Home care and home health workers who function as personal
20assistants and individual maintenance home health workers and
21who also work under the Home Services Program under Section 3
22of the Rehabilitation of Persons with Disabilities Act shall
23not be considered public employees for any purposes not
24specifically provided for in Public Act 93-204 or Public Act
2597-1158, including, but not limited to, purposes of vicarious
26liability in tort and purposes of statutory retirement or

 

 

HB4960- 38 -LRB102 25771 RJF 35101 b

1health insurance benefits. Home care and home health workers
2who function as personal assistants and individual maintenance
3home health workers and who also work under the Home Services
4Program under Section 3 of the Rehabilitation of Persons with
5Disabilities Act shall not be covered by the State Employees
6Group Insurance Act of 1971.
7    Child and day care home providers shall not be considered
8public employees for any purposes not specifically provided
9for in Public Act 94-320 this amendatory Act of the 94th
10General Assembly, including, but not limited to, purposes of
11vicarious liability in tort and purposes of statutory
12retirement or health insurance benefits. Child and day care
13home providers shall not be covered by the State Employees
14Group Insurance Act of 1971.
15    Notwithstanding Section 9, subsection (c), or any other
16provisions of this Act, all peace officers above the rank of
17captain in municipalities with more than 1,000,000 inhabitants
18shall be excluded from this Act.
19    (o) Except as otherwise in subsection (o-5), "public
20employer" or "employer" means the State of Illinois; any
21political subdivision of the State, unit of local government
22or school district; authorities including departments,
23divisions, bureaus, boards, commissions, or other agencies of
24the foregoing entities; and any person acting within the scope
25of his or her authority, express or implied, on behalf of those
26entities in dealing with its employees. As of July 16, 2003

 

 

HB4960- 39 -LRB102 25771 RJF 35101 b

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

 

 

HB4960- 40 -LRB102 25771 RJF 35101 b

1vicarious liability in tort and purposes of statutory
2retirement or health insurance benefits. Home care and home
3health workers who function as personal assistants and
4individual maintenance home health workers and who also work
5under the Home Services Program under Section 3 of the
6Rehabilitation of Persons with Disabilities Act shall not be
7covered by the State Employees Group Insurance Act of 1971. As
8of January 1, 2006 (the effective date of Public Act 94-320)
9this amendatory Act of the 94th General Assembly but not
10before, the State of Illinois shall be considered the employer
11of the day and child care home providers participating in the
12child care assistance program under Section 9A-11 of the
13Illinois Public Aid Code, subject to the limitations set forth
14in this Act and in Section 9A-11 of the Illinois Public Aid
15Code. The State shall not be considered to be the employer of
16child and day care home providers for any purposes not
17specifically provided for in Public Act 94-320 this amendatory
18Act of the 94th General Assembly, including, but not limited
19to, purposes of vicarious liability in tort and purposes of
20statutory retirement or health insurance benefits. Child and
21day care home providers shall not be covered by the State
22Employees Group Insurance Act of 1971.
23    "Public employer" or "employer" as used in this Act,
24however, does not mean and shall not include the General
25Assembly of the State of Illinois, the Executive Ethics
26Commission, the Offices of the Executive Inspectors General,

 

 

HB4960- 41 -LRB102 25771 RJF 35101 b

1the Legislative Ethics Commission, the Office of the
2Legislative Inspector General, the Office of the Auditor
3General's Inspector General, the Office of the Governor, the
4Governor's Office of Management and Budget, the Illinois
5Finance Authority, the Office of the Lieutenant Governor, the
6State Board of Elections, and educational employers or
7employers as defined in the Illinois Educational Labor
8Relations Act, except with respect to a state university in
9its employment of firefighters and peace officers and except
10with respect to a school district in the employment of peace
11officers in its own police department in existence on July 23,
122010 (the effective date of Public Act 96-1257) this
13amendatory Act of the 96th General Assembly. County boards and
14county sheriffs shall be designated as joint or co-employers
15of county peace officers appointed under the authority of a
16county sheriff. Nothing in this subsection (o) shall be
17construed to prevent the State Panel or the Local Panel from
18determining that employers are joint or co-employers.
19    (o-5) With respect to wages, fringe benefits, hours,
20holidays, vacations, proficiency examinations, sick leave, and
21other conditions of employment, the public employer of public
22employees who are court reporters, as defined in the Court
23Reporters Act, shall be determined as follows:
24        (1) For court reporters employed by the Cook County
25    Judicial Circuit, the chief judge of the Cook County
26    Circuit Court is the public employer and employer

 

 

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1    representative.
2        (2) For court reporters employed by the 12th, 18th,
3    19th, and, on and after December 4, 2006, the 22nd
4    judicial circuits, a group consisting of the chief judges
5    of those circuits, acting jointly by majority vote, is the
6    public employer and employer representative.
7        (3) For court reporters employed by all other judicial
8    circuits, a group consisting of the chief judges of those
9    circuits, acting jointly by majority vote, is the public
10    employer and employer representative.
11    (p) "Security employee" means an employee who is
12responsible for the supervision and control of inmates at
13correctional facilities. The term also includes other
14non-security employees in bargaining units having the majority
15of employees being responsible for the supervision and control
16of inmates at correctional facilities.
17    (q) "Short-term employee" means an employee who is
18employed for less than 2 consecutive calendar quarters during
19a calendar year and who does not have a reasonable assurance
20that he or she will be rehired by the same employer for the
21same service in a subsequent calendar year.
22    (q-5) "State agency" means an agency directly responsible
23to the Governor, as defined in Section 3.1 of the Executive
24Reorganization Implementation Act, and the Illinois Commerce
25Commission, the Illinois Workers' Compensation Commission, the
26Civil Service Commission, the Pollution Control Board, the

 

 

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1Illinois Racing Board, and the Illinois State Police Merit
2Board.
3    (r) "Supervisor" is:
4        (1) An employee whose principal work is substantially
5    different from that of his or her subordinates and who has
6    authority, in the interest of the employer, to hire,
7    transfer, suspend, lay off, recall, promote, discharge,
8    direct, reward, or discipline employees, to adjust their
9    grievances, or to effectively recommend any of those
10    actions without independent review by others, if the
11    exercise of that authority is not of a merely routine or
12    clerical nature, but requires the consistent use of
13    independent judgment on behalf of the employer. The
14    authority to assign is not an indication of supervisory
15    status. Except with respect to police employment, the term
16    "supervisor" includes only those individuals who devote a
17    majority preponderance of their employment time to the
18    actual exercise of exercising that authority, State
19    supervisors notwithstanding. Determinations of supervisor
20    status shall be based on actual employee job duties and
21    not solely on written job descriptions. Nothing in this
22    definition prohibits an individual from also meeting the
23    definition of "managerial employee" under subsection (j)
24    of this Section. In addition, in determining supervisory
25    status in police employment, rank shall not be
26    determinative. The Board shall consider, as evidence of

 

 

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1    bargaining unit inclusion or exclusion, the common law
2    enforcement policies and relationships between police
3    officer ranks and certification under applicable civil
4    service law, ordinances, personnel codes, or Division 2.1
5    of Article 10 of the Illinois Municipal Code, but these
6    factors shall not be the sole or predominant factors
7    considered by the Board in determining police supervisory
8    status. Subject to the following provisions of this
9    subsection (r), the definition of "supervisor" herein
10    applies to all public employees.
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 fire fighter units,
16    employees shall consist of fire fighters of the highest
17    rank of company officer and below. A company officer may
18    be responsible for multiple companies or apparatus on a
19    shift, multiple stations, or an entire shift. There may be
20    more than one company officer per shift. If a company
21    officer otherwise qualifies as a supervisor under the
22    preceding paragraph, however, he or she shall not be
23    included in the fire fighter unit. If there is no rank
24    between that of chief and the highest company officer, the
25    employer may designate a position on each shift as a Shift
26    Commander, and the persons occupying those positions shall

 

 

HB4960- 45 -LRB102 25771 RJF 35101 b

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

 

 

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11984 (the effective date of this Act). With respect to
2non-State fire fighters and paramedics employed by fire
3departments and fire protection districts, non-State peace
4officers, and peace officers in the Illinois State Police, a
5bargaining unit determined by the Board shall not include both
6supervisors and nonsupervisors, or supervisors only, except as
7provided in paragraph (2) of this subsection (s) and except
8for bargaining units in existence on January 1, 1986 (the
9effective date of this amendatory Act of 1985). A bargaining
10unit determined by the Board to contain peace officers shall
11contain no employees other than peace officers unless
12otherwise agreed to by the employer and the labor organization
13or labor organizations involved. Notwithstanding any other
14provision of this Act, a bargaining unit, including a
15historical bargaining unit, containing sworn peace officers of
16the Department of Natural Resources (formerly designated the
17Department of Conservation) shall contain no employees other
18than such sworn peace officers upon September 11, 1990 (the
19effective date of Public Act 86-1413) this amendatory Act of
201990 or upon the expiration date of any collective bargaining
21agreement in effect upon September 11, 1990 (the effective
22date of Public Act 86-1413) this amendatory Act of 1990
23covering both such sworn peace officers and other employees.
24In bargaining units created after the effective date of this
25amendatory Act of the 102nd General Assembly, a bargaining
26unit determined by the Board shall not include both employees

 

 

HB4960- 47 -LRB102 25771 RJF 35101 b

1and managerial employees, or managerial employees only, except
2as provided in paragraph (4) of this subsection (s).
3    (2) Notwithstanding the exclusion of supervisors from
4bargaining units as provided in paragraph (1) of this
5subsection (s), a public employer may agree to permit its
6supervisory employees to form bargaining units and may bargain
7with those units. This Act shall apply if the public employer
8chooses to bargain under this subsection. Changes to
9bargaining units formed under this paragraph (2) shall be made
10only in accordance with Section 9.
11    (3) Public employees who are court reporters, as defined
12in the Court Reporters Act, shall be divided into 3 units for
13collective bargaining purposes. One unit shall be court
14reporters employed by the Cook County Judicial Circuit; one
15unit shall be court reporters employed by the 12th, 18th,
1619th, and, on and after December 4, 2006, the 22nd judicial
17circuits; and one unit shall be court reporters employed by
18all other judicial circuits.
19    (4) Notwithstanding the exclusion of managerial employees
20from bargaining units as provided in paragraph (1) of this
21subsection (s), a public employer may agree to permit its
22managerial 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 (s). Changes to
25bargaining units formed under this paragraph (4) shall be made
26only in accordance with Section 9.

 

 

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1    (t) "Active petition for certification in a bargaining
2unit" means a petition for certification filed with the Board
3under one of the following case numbers: S-RC-11-110;
4S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
5S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
6S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
7S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
8S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
9S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
10S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
11S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
12S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
13S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
14S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
15S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
16S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
17S-RC-07-100.
18(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
19102-686, eff. 6-1-22; revised 1-6-22.)
 
20    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
21    Sec. 9. Elections; recognition.
22    (a) Whenever in accordance with such regulations as may be
23prescribed by the Board a petition has been filed:
24        (1) by a public employee or group of public employees
25    or any labor organization acting in their behalf

 

 

HB4960- 49 -LRB102 25771 RJF 35101 b

1    demonstrating that 30% of the public employees in an
2    appropriate unit (A) wish to be represented for the
3    purposes of collective bargaining by a labor organization
4    as exclusive representative, or (B) asserting that the
5    labor organization which has been certified or is
6    currently recognized by the public employer as bargaining
7    representative is no longer the representative of the
8    majority of public employees in the unit; or
9        (2) by a public employer alleging that one or more
10    labor organizations have presented to it a claim that they
11    be recognized as the representative of a majority of the
12    public employees in an appropriate unit, the Board shall
13    investigate such petition, and if it has reasonable cause
14    to believe that a question of representation exists, shall
15    provide for an appropriate hearing upon due notice. Such
16    hearing shall be held at the offices of the Board or such
17    other location as the Board deems appropriate. If it finds
18    upon the record of the hearing that a question of
19    representation exists, it shall direct an election in
20    accordance with subsection (d) of this Section, which
21    election shall be held not later than 120 days after the
22    date the petition was filed regardless of whether that
23    petition was filed before or after July 1, 1988 (the
24    effective date of Public Act 85-924) this amendatory Act
25    of 1987; provided, however, the Board may extend the time
26    for holding an election by an additional 60 days if, upon

 

 

HB4960- 50 -LRB102 25771 RJF 35101 b

1    motion by a person who has filed a petition under this
2    Section or is the subject of a petition filed under this
3    Section and is a party to such hearing, or upon the Board's
4    own motion, the Board finds that good cause has been shown
5    for extending the election date; provided further, that
6    nothing in this Section shall prohibit the Board, in its
7    discretion, from extending the time for holding an
8    election for so long as may be necessary under the
9    circumstances, where the purpose for such extension is to
10    permit resolution by the Board of an unfair labor practice
11    charge filed by one of the parties to a representational
12    proceeding against the other based upon conduct which may
13    either affect the existence of a question concerning
14    representation or have a tendency to interfere with a fair
15    and free election, where the party filing the charge has
16    not filed a request to proceed with the election; and
17    provided further that prior to the expiration of the total
18    time allotted for holding an election, a person who has
19    filed a petition under this Section or is the subject of a
20    petition filed under this Section and is a party to such
21    hearing or the Board, may move for and obtain the entry of
22    an order in the circuit court of the county in which the
23    majority of the public employees sought to be represented
24    by such person reside, such order extending the date upon
25    which the election shall be held. Such order shall be
26    issued by the circuit court only upon a judicial finding

 

 

HB4960- 51 -LRB102 25771 RJF 35101 b

1    that there has been a sufficient showing that there is
2    good cause to extend the election date beyond such period
3    and shall require the Board to hold the election as soon as
4    is feasible given the totality of the circumstances. Such
5    120-day 120 day period may be extended one or more times by
6    the agreement of all parties to the hearing to a date
7    certain without the necessity of obtaining a court order.
8    The showing of interest in support of a petition filed
9    under paragraph (1) of this subsection (a) may be
10    evidenced by electronic communications, and such writing
11    or communication may be evidenced by the electronic
12    signature of the employee as provided under Section 5-120
13    of the Electronic Commerce Security Act. The showing of
14    interest shall be valid only if signed within 12 months
15    prior to the filing of the petition. Nothing in this
16    Section prohibits the waiving of hearings by stipulation
17    for the purpose of a consent election in conformity with
18    the rules and regulations of the Board or an election in a
19    unit agreed upon by the parties. Other interested employee
20    organizations may intervene in the proceedings in the
21    manner and within the time period specified by rules and
22    regulations of the Board. Interested parties who are
23    necessary to the proceedings may also intervene in the
24    proceedings in the manner and within the time period
25    specified by the rules and regulations of the Board.
26    (a-5) The Board shall designate an exclusive

 

 

HB4960- 52 -LRB102 25771 RJF 35101 b

1representative for purposes of collective bargaining when the
2representative demonstrates a showing of majority interest by
3employees in the unit. If the parties to a dispute are without
4agreement on the means to ascertain the choice, if any, of
5employee organization as their representative, the Board shall
6ascertain the employees' choice of employee organization, on
7the basis of dues deduction authorization or other evidence,
8or, if necessary, by conducting an election. The showing of
9interest in support of a petition filed under this subsection
10(a-5) may be evidenced by electronic communications, and such
11writing or communication may be evidenced by the electronic
12signature of the employee as provided under Section 5-120 of
13the Electronic Commerce Security Act. The showing of interest
14shall be valid only if signed within 12 months prior to the
15filing of the petition. All evidence submitted by an employee
16organization to the Board to ascertain an employee's choice of
17an employee organization is confidential and shall not be
18submitted to the employer for review. The Board shall
19ascertain the employee's choice of employee organization
20within 120 days after the filing of the majority interest
21petition; however, the Board may extend time by an additional
2260 days, upon its own motion or upon the motion of a party to
23the proceeding. If either party provides to the Board, before
24the designation of a representative, clear and convincing
25evidence that the dues deduction authorizations, and other
26evidence upon which the Board would otherwise rely to

 

 

HB4960- 53 -LRB102 25771 RJF 35101 b

1ascertain the employees' choice of representative, are
2fraudulent or were obtained through coercion, the Board shall
3promptly thereafter conduct an election. The Board shall also
4investigate and consider a party's allegations that the dues
5deduction authorizations and other evidence submitted in
6support of a designation of representative without an election
7were subsequently changed, altered, withdrawn, or withheld as
8a result of employer fraud, coercion, or any other unfair
9labor practice by the employer. If the Board determines that a
10labor organization would have had a majority interest but for
11an employer's fraud, coercion, or unfair labor practice, it
12shall designate the labor organization as an exclusive
13representative without conducting an election. If a hearing is
14necessary to resolve any issues of representation under this
15Section, the Board shall conclude its hearing process and
16issue a certification of the entire appropriate unit not later
17than 120 days after the date the petition was filed. The
18120-day period may be extended one or more times by the
19agreement of all parties to a hearing to a date certain.
20    (a-6) A labor organization or an employer may file a unit
21clarification petition seeking to clarify an existing
22bargaining unit. Unit clarification petitions may be filed if:
23(1) substantial changes occur in the duties and functions of
24an existing job title, raising an issue as to the title's unit
25placement; (2) an existing job title that is logically
26encompassed within the existing unit was inadvertently

 

 

HB4960- 54 -LRB102 25771 RJF 35101 b

1excluded by the parties at the time the unit was established;
2(3) a newly created job title is logically encompassed within
3an existing unit; (4) a significant change takes place in
4statutory or case law that affects the bargaining rights of
5employees; (5) a determination needs to be made as to the unit
6placement of positions in dispute following a majority
7interest certification of representative issued under
8subsection (a-5); (6) a determination needs to be made as to
9the unit placement of positions in dispute following a
10certification of representative issued following a direction
11of election under subsection (d); (7) the parties have agreed
12to eliminate a position or title because the employer no
13longer uses it; (8) the parties have agreed to exclude some of
14the positions in a title or classification from a bargaining
15unit and include others; or (9) as prescribed in rules set by
16the Board. The Board shall conclude its investigation,
17including any hearing process deemed necessary, and issue a
18certification of clarified unit or dismiss the petition not
19later than 120 days after the date the petition was filed. The
20120-day period may be extended one or more times by the
21agreement of all parties to a hearing to a date certain.
22    (b) The Board shall decide in each case, in order to assure
23public employees the fullest freedom in exercising the rights
24guaranteed by this Act, a unit appropriate for the purpose of
25collective bargaining, based upon but not limited to such
26factors as: historical pattern of recognition; community of

 

 

HB4960- 55 -LRB102 25771 RJF 35101 b

1interest including employee skills and functions; degree of
2functional integration; interchangeability and contact among
3employees; fragmentation of employee groups; common
4supervision, wages, hours and other working conditions of the
5employees involved; and the desires of the employees. For
6purposes of this subsection, fragmentation shall not be the
7sole or predominant factor used by the Board in determining an
8appropriate bargaining unit. Except with respect to non-State
9fire fighters and paramedics employed by fire departments and
10fire protection districts, non-State peace officers and peace
11officers in the Illinois State Police, a single bargaining
12unit determined by the Board may not include both supervisors
13and nonsupervisors, except for bargaining units in existence
14on the effective date of this Act. With respect to non-State
15fire fighters and paramedics employed by fire departments and
16fire protection districts, non-State peace officers and peace
17officers in the Illinois State Police, a single bargaining
18unit determined by the Board may not include both supervisors
19and nonsupervisors, except for bargaining units in existence
20on January 1, 1986 (the effective date of Public Act 84-1104)
21this amendatory Act of 1985.
22    In cases involving an historical pattern of recognition,
23and in cases where the employer has recognized the union as the
24sole and exclusive bargaining agent for a specified existing
25unit, the Board shall find the employees in the unit then
26represented by the union pursuant to the recognition to be the

 

 

HB4960- 56 -LRB102 25771 RJF 35101 b

1appropriate unit.
2    Notwithstanding the above factors, where the majority of
3public employees of a craft so decide, the Board shall
4designate such craft as a unit appropriate for the purposes of
5collective bargaining.
6    Notwithstanding any rule or provision of law to the
7contrary, no public employee position shall be excluded from a
8bargaining unit prior to that position being filled.
9    The Board shall not decide that any unit is appropriate if
10such unit includes both professional and nonprofessional
11employees, unless a majority of each group votes for inclusion
12in such unit.
13    In describing the unit found appropriate for purposes of
14collective bargaining, the Board shall, at a party's request,
15describe the unit in job function terms rather than by job
16titles. Unit descriptions may also include those currently
17existing job titles that perform the job functions. A
18bargaining unit shall also include positions later filled that
19perform the job functions of a unit and job titles later
20created that: (i) are successor job titles to the currently
21existing job titles; (ii) perform the same or substantially
22similar job functions as the currently existing job titles; or
23(iii) are logically encompassed within an existing unit. The
24provisions of this paragraph shall apply to bargaining units
25in existence on the effective date of this amendatory Act of
26the 102nd General Assembly.

 

 

HB4960- 57 -LRB102 25771 RJF 35101 b

1    (c) Nothing in this Act shall interfere with or negate the
2current representation rights or patterns and practices of
3labor organizations which have historically represented public
4employees for the purpose of collective bargaining, including
5but not limited to the negotiations of wages, hours and
6working conditions, discussions of employees' grievances,
7resolution of jurisdictional disputes, or the establishment
8and maintenance of prevailing wage rates, unless a majority of
9employees so represented express a contrary desire pursuant to
10the procedures set forth in this Act.
11    (d) In instances where the employer does not voluntarily
12recognize a labor organization as the exclusive bargaining
13representative for a unit of employees, the Board shall
14determine the majority representative of the public employees
15in an appropriate collective bargaining unit by conducting a
16secret ballot election, except as otherwise provided in
17subsection (a-5). Such a secret ballot election may be
18conducted electronically, using an electronic voting system,
19in addition to paper ballot voting systems. Within 7 days
20after the Board issues its bargaining unit determination and
21direction of election or the execution of a stipulation for
22the purpose of a consent election, the public employer shall
23submit to the labor organization the complete names and
24addresses of those employees who are determined by the Board
25to be eligible to participate in the election. When the Board
26has determined that a labor organization has been fairly and

 

 

HB4960- 58 -LRB102 25771 RJF 35101 b

1freely chosen by a majority of employees in an appropriate
2unit, it shall certify such organization as the exclusive
3representative. If the Board determines that a majority of
4employees in an appropriate unit has fairly and freely chosen
5not to be represented by a labor organization, it shall so
6certify. The Board may also revoke the certification of the
7public employee organizations as exclusive bargaining
8representatives which have been found by a secret ballot
9election to be no longer the majority representative.
10    (e) The Board shall not conduct an election in any
11bargaining unit or any subdivision thereof within which a
12valid election has been held in the preceding 12-month period.
13The Board shall determine who is eligible to vote in an
14election and shall establish rules governing the conduct of
15the election or conduct affecting the results of the election.
16The Board shall include on a ballot in a representation
17election a choice of "no representation". A labor organization
18currently representing the bargaining unit of employees shall
19be placed on the ballot in any representation election. In any
20election where none of the choices on the ballot receives a
21majority, a runoff election shall be conducted between the 2
22choices receiving the largest number of valid votes cast in
23the election. A labor organization which receives a majority
24of the votes cast in an election shall be certified by the
25Board as exclusive representative of all public employees in
26the unit.

 

 

HB4960- 59 -LRB102 25771 RJF 35101 b

1    (f) A labor organization shall be designated as the
2exclusive representative by a public employer, provided that
3the labor organization represents a majority of the public
4employees in an appropriate unit. Any employee organization
5which is designated or selected by the majority of public
6employees, in a unit of the public employer having no other
7recognized or certified representative, as their
8representative for purposes of collective bargaining may
9request recognition by the public employer in writing. The
10public employer shall post such request for a period of at
11least 20 days following its receipt thereof on bulletin boards
12or other places used or reserved for employee notices.
13    (g) Within the 20-day period any other interested employee
14organization may petition the Board in the manner specified by
15rules and regulations of the Board, provided that such
16interested employee organization has been designated by at
17least 10% of the employees in an appropriate bargaining unit
18which includes all or some of the employees in the unit
19recognized by the employer. In such event, the Board shall
20proceed with the petition in the same manner as provided by
21paragraph (1) of subsection (a) of this Section.
22    (h) No election shall be directed by the Board in any
23bargaining unit where there is in force a valid collective
24bargaining agreement. The Board, however, may process an
25election petition filed between 90 and 60 days prior to the
26expiration of the date of an agreement, and may further

 

 

HB4960- 60 -LRB102 25771 RJF 35101 b

1refine, by rule or decision, the implementation of this
2provision. Where more than 4 years have elapsed since the
3effective date of the agreement, the agreement shall continue
4to bar an election, except that the Board may process an
5election petition filed between 90 and 60 days prior to the end
6of the fifth year of such an agreement, and between 90 and 60
7days prior to the end of each successive year of such
8agreement.
9    (i) An order of the Board dismissing a representation
10petition, determining and certifying that a labor organization
11has been fairly and freely chosen by a majority of employees in
12an appropriate bargaining unit, determining and certifying
13that a labor organization has not been fairly and freely
14chosen by a majority of employees in the bargaining unit or
15certifying a labor organization as the exclusive
16representative of employees in an appropriate bargaining unit
17because of a determination by the Board that the labor
18organization is the historical bargaining representative of
19employees in the bargaining unit, is a final order. Any person
20aggrieved by any such order issued on or after July 1, 1988
21(the effective date of Public Act 85-924) this amendatory Act
22of 1987 may apply for and obtain judicial review in accordance
23with provisions of the Administrative Review Law, as now or
24hereafter amended, except that such review shall be afforded
25directly in the Appellate Court for the district in which the
26aggrieved party resides or transacts business. Any direct

 

 

HB4960- 61 -LRB102 25771 RJF 35101 b

1appeal to the Appellate Court shall be filed within 35 days
2from the date that a copy of the decision sought to be reviewed
3was served upon the party affected by the decision.
4(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
5102-596, eff. 8-27-21; revised 10-15-21.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.