Rep. Justin Slaughter

Filed: 3/16/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3114

2    AMENDMENT NO. ______. Amend House Bill 3114 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 3 as follows:
 
6    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13    (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and
15other conditions of employment, as detailed in Section 7 and
16which are not excluded by Section 4.

 

 

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1    (c) "Confidential employee" means an employee who, in the
2regular course of his or her duties, assists and acts in a
3confidential capacity to persons who formulate, determine, and
4effectuate management policies with regard to labor relations
5or who, in the regular course of his or her duties, has
6authorized access to information relating to the effectuation
7or review of the employer's collective bargaining policies.
8Determinations of confidential employee status shall be based
9on actual employee job duties and not solely on written job
10descriptions.
11    (d) "Craft employees" means skilled journeymen, crafts
12persons, and their apprentices and helpers.
13    (e) "Essential services employees" means those public
14employees performing functions so essential that the
15interruption or termination of the function will constitute a
16clear and present danger to the health and safety of the
17persons in the affected community.
18    (f) "Exclusive representative", except with respect to
19non-State fire fighters and paramedics employed by fire
20departments and fire protection districts, non-State peace
21officers, and peace officers in the Illinois State Police,
22means the labor organization that has been (i) designated by
23the Board as the representative of a majority of public
24employees 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 July 1, 1984 (the effective
2date of this Act) as the exclusive representative of the
3employees in an appropriate bargaining unit; (iii) after July
41, 1984 (the effective date of this Act) recognized by an
5employer upon evidence, acceptable to the Board, that the
6labor organization has been designated as the exclusive
7representative by a majority of the employees in an
8appropriate bargaining unit; (iv) recognized as the exclusive
9representative of personal assistants under Executive Order
102003-8 prior to July 16, 2003 (the effective date of Public Act
1193-204), and the organization shall be considered to be the
12exclusive representative of the personal assistants as defined
13in this Section; or (v) recognized as the exclusive
14representative of child and day care home providers, including
15licensed and license exempt providers, pursuant to an election
16held under Executive Order 2005-1 prior to January 1, 2006
17(the effective date of Public Act 94-320), and the
18organization shall be considered to be the exclusive
19representative of the child and day care home providers as
20defined in this Section.
21    With respect to non-State fire fighters and paramedics
22employed by fire departments and fire protection districts,
23non-State peace officers, and peace officers in the Illinois
24State Police, "exclusive representative" means the labor
25organization that has been (i) designated by the Board as the
26representative of a majority of peace officers or fire

 

 

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1fighters in an appropriate bargaining unit in accordance with
2the procedures contained in this Act, (ii) historically
3recognized by the State of Illinois or any political
4subdivision of the State before January 1, 1986 (the effective
5date of this amendatory Act of 1985) as the exclusive
6representative by a majority of the peace officers or fire
7fighters in an appropriate bargaining unit, or (iii) after
8January 1, 1986 (the effective date of this amendatory Act of
91985) recognized by an employer upon evidence, acceptable to
10the Board, that the labor organization has been designated as
11the exclusive representative by a majority of the peace
12officers or fire fighters in an appropriate bargaining unit.
13    Where a historical pattern of representation exists for
14the workers of a water system that was owned by a public
15utility, as defined in Section 3-105 of the Public Utilities
16Act, prior to becoming certified employees of a municipality
17or municipalities once the municipality or municipalities have
18acquired the water system as authorized in Section 11-124-5 of
19the Illinois Municipal Code, the Board shall find the labor
20organization that has historically represented the workers to
21be the exclusive representative under this Act, and shall find
22the unit represented by the exclusive representative to be the
23appropriate unit.
24    (g) "Fair share agreement" means an agreement between the
25employer and an employee organization under which all or any
26of the employees in a collective bargaining unit are required

 

 

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

 

 

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1of the State of Illinois, and includes, but is not limited to,
2the House of Representatives, the Senate, the Speaker of the
3House of Representatives, the Minority Leader of the House of
4Representatives, the President of the Senate, the Minority
5Leader of the Senate, the Joint Committee on Legislative
6Support Services, and any legislative support services agency
7listed in the Legislative Commission Reorganization Act of
81984.
9    (h) "Governing body" means, in the case of the State, the
10State Panel of the Illinois Labor Relations Board, the
11Director of the Department of Central Management Services, and
12the Director of the Department of Labor; the county board in
13the case of a county; the corporate authorities in the case of
14a municipality; and the appropriate body authorized to provide
15for expenditures of its funds in the case of any other unit of
16government.
17    (i) "Labor organization" means any organization in which
18public employees participate and that exists for the purpose,
19in whole or in part, of dealing with a public employer
20concerning wages, hours, and other terms and conditions of
21employment, including the settlement of grievances.
22    (i-5) "Legislative liaison" means a person who is an
23employee of a State agency, the Attorney General, the
24Secretary of State, the Comptroller, or the Treasurer, as the
25case may be, and whose job duties require the person to
26regularly communicate in the course of his or her employment

 

 

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1with any official or staff of the General Assembly of the State
2of Illinois for the purpose of influencing any legislative
3action.
4    (j) "Managerial employee" means an individual who is
5engaged predominantly in executive and management functions
6and is charged with the responsibility of directing the
7effectuation of management policies and practices.
8Determination of managerial employee status shall be based on
9actual employee job duties and not solely on written job
10descriptions. With respect only to State employees in
11positions under the jurisdiction of the Attorney General,
12Secretary of State, Comptroller, or Treasurer (i) that were
13certified in a bargaining unit on or after December 2, 2008,
14(ii) for which a petition is filed with the Illinois Public
15Labor Relations Board on or after April 5, 2013 (the effective
16date of Public Act 97-1172), or (iii) for which a petition is
17pending before the Illinois Public Labor Relations Board on
18that date, "managerial employee" means an individual who is
19engaged in executive and management functions or who is
20charged with the effectuation of management policies and
21practices or who represents management interests by taking or
22recommending discretionary actions that effectively control or
23implement policy. Nothing in this definition prohibits an
24individual from also meeting the definition of "supervisor"
25under subsection (r) of this Section.
26    (k) "Peace officer" means, for the purposes of this Act

 

 

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1only, any persons who have been or are hereafter appointed to a
2police force, department, or agency and sworn or commissioned
3to perform police duties, except that the following persons
4are not included: part-time police officers, special police
5officers, auxiliary police as defined by Section 3.1-30-20 of
6the Illinois Municipal Code, night watchmen, "merchant
7police", court security officers as defined by Section
83-6012.1 of the Counties Code, temporary employees, traffic
9guards or wardens, civilian parking meter and parking
10facilities personnel or other individuals specially appointed
11to aid or direct traffic at or near schools or public functions
12or to aid in civil defense or disaster, parking enforcement
13employees who are not commissioned as peace officers and who
14are not armed and who are not routinely expected to effect
15arrests, parking lot attendants, clerks and dispatchers or
16other civilian employees of a police department who are not
17routinely expected to effect arrests, or elected officials.
18    (l) "Person" includes one or more individuals, labor
19organizations, public employees, associations, corporations,
20legal representatives, trustees, trustees in bankruptcy,
21receivers, or the State of Illinois or any political
22subdivision of the State or governing body, but does not
23include the General Assembly of the State of Illinois or any
24individual employed by the General Assembly of the State of
25Illinois.
26    (m) "Professional employee" means any employee engaged in

 

 

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1work predominantly intellectual and varied in character rather
2than routine mental, manual, mechanical or physical work;
3involving the consistent exercise of discretion and adjustment
4in its performance; of such a character that the output
5produced or the result accomplished cannot be standardized in
6relation to a given period of time; and requiring advanced
7knowledge in a field of science or learning customarily
8acquired by a prolonged course of specialized intellectual
9instruction and study in an institution of higher learning or
10a hospital, as distinguished from a general academic education
11or from apprenticeship or from training in the performance of
12routine mental, manual, or physical processes; or any employee
13who has completed the courses of specialized intellectual
14instruction and study prescribed in this subsection (m) and is
15performing related work under the supervision of a
16professional person to qualify to become a professional
17employee as defined in this subsection (m).
18    (n) "Public employee" or "employee", for the purposes of
19this Act, means any individual employed by a public employer,
20including (i) interns and residents at public hospitals, (ii)
21as of July 16, 2003 (the effective date of Public Act 93-204),
22but not before, personal assistants working under the Home
23Services Program under Section 3 of the Rehabilitation of
24Persons with Disabilities Act, subject to the limitations set
25forth in this Act and in the Rehabilitation of Persons with
26Disabilities Act, (iii) as of January 1, 2006 (the effective

 

 

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1date of Public Act 94-320), but not before, child and day care
2home providers participating in the child care assistance
3program under Section 9A-11 of the Illinois Public Aid Code,
4subject to the limitations set forth in this Act and in Section
59A-11 of the Illinois Public Aid Code, (iv) as of January 29,
62013 (the effective date of Public Act 97-1158), but not
7before except as otherwise provided in this subsection (n),
8home care and home health workers who function as personal
9assistants and individual maintenance home health workers and
10who also work under the Home Services Program under Section 3
11of the Rehabilitation of Persons with Disabilities Act, no
12matter whether the State provides those services through
13direct fee-for-service arrangements, with the assistance of a
14managed care organization or other intermediary, or otherwise,
15(v) beginning on July 19, 2013 (the effective date of Public
16Act 98-100) and notwithstanding any other provision of this
17Act, any person employed by a public employer and who is
18classified as or who holds the employment title of Chief
19Stationary Engineer, Assistant Chief Stationary Engineer,
20Sewage Plant Operator, Water Plant Operator, Stationary
21Engineer, Plant Operating Engineer, and any other employee who
22holds the position of: Civil Engineer V, Civil Engineer VI,
23Civil Engineer VII, Technical Manager I, Technical Manager II,
24Technical Manager III, Technical Manager IV, Technical Manager
25V, Technical Manager VI, Realty Specialist III, Realty
26Specialist IV, Realty Specialist V, Technical Advisor I,

 

 

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1Technical Advisor II, Technical Advisor III, Technical Advisor
2IV, or Technical Advisor V employed by the Department of
3Transportation who is in a position which is certified in a
4bargaining unit on or before July 19, 2013 (the effective date
5of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
6effective date of Public Act 98-100) and notwithstanding any
7other provision of this Act, any mental health administrator
8in the Department of Corrections who is classified as or who
9holds the position of Public Service Administrator (Option
108K), any employee of the Office of the Inspector General in the
11Department of Human Services who is classified as or who holds
12the position of Public Service Administrator (Option 7), any
13Deputy of Intelligence in the Department of Corrections who is
14classified as or who holds the position of Public Service
15Administrator (Option 7), and any employee of the Illinois
16State Police who handles issues concerning the Illinois State
17Police Sex Offender Registry and who is classified as or holds
18the position of Public Service Administrator (Option 7), but
19excluding all of the following: employees of the General
20Assembly of the State of Illinois; elected officials;
21executive heads of a department; members of boards or
22commissions; the Executive Inspectors General; any special
23Executive Inspectors General; employees of each Office of an
24Executive Inspector General; commissioners and employees of
25the Executive Ethics Commission; the Auditor General's
26Inspector General; employees of the Office of the Auditor

 

 

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

 

 

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1decision-making on issues where there is room for principled
2disagreement on goals or their implementation, or who is
3otherwise exempt under the Secretary of State Merit Employment
4Code; employees in the Office of the Secretary of State who are
5completely exempt from jurisdiction B of the Secretary of
6State Merit Employment Code and who are in Rutan-exempt
7positions on or after April 5, 2013 (the effective date of
8Public Act 97-1172); 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, including, but not limited to,
22purposes of vicarious liability in tort and purposes of
23statutory retirement or health insurance benefits. Child and
24day care home providers shall not be covered by the State
25Employees Group Insurance Act of 1971.
26    Notwithstanding Section 9, subsection (c), or any other

 

 

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1provisions of this Act, all peace officers above the rank of
2captain in municipalities with more than 1,000,000 inhabitants
3shall be excluded from this Act.
4    (o) Except as otherwise in subsection (o-5), "public
5employer" or "employer" means the State of Illinois; any
6political subdivision of the State, unit of local government
7or school district; authorities including departments,
8divisions, bureaus, boards, commissions, or other agencies of
9the foregoing entities; and any person acting within the scope
10of his or her authority, express or implied, on behalf of those
11entities in dealing with its employees. As of July 16, 2003
12(the effective date of Public Act 93-204), but not before, the
13State of Illinois shall be considered the employer of the
14personal assistants working under the Home Services Program
15under Section 3 of the Rehabilitation of Persons with
16Disabilities Act, subject to the limitations set forth in this
17Act and in the Rehabilitation of Persons with Disabilities
18Act. As of January 29, 2013 (the effective date of Public Act
1997-1158), but not before except as otherwise provided in this
20subsection (o), the State shall be considered the employer of
21home care and home health workers who function as personal
22assistants and individual maintenance home health workers and
23who also work under the Home Services Program under Section 3
24of the Rehabilitation of Persons with Disabilities Act, no
25matter whether the State provides those services through
26direct fee-for-service arrangements, with the assistance of a

 

 

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

 

 

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1including, but not limited to, purposes of vicarious liability
2in tort and purposes of statutory retirement or health
3insurance benefits. Child and day care home providers shall
4not be covered by the State Employees Group Insurance Act of
51971.
6    "Public employer" or "employer" as used in this Act,
7however, does not mean and shall not include the General
8Assembly of the State of Illinois, the Executive Ethics
9Commission, the Offices of the Executive Inspectors General,
10the Legislative Ethics Commission, the Office of the
11Legislative Inspector General, the Office of the Auditor
12General's Inspector General, the Office of the Governor, the
13Governor's Office of Management and Budget, the Illinois
14Finance Authority, the Office of the Lieutenant Governor, the
15State Board of Elections, and educational employers or
16employers as defined in the Illinois Educational Labor
17Relations Act, except with respect to a state university in
18its employment of firefighters and peace officers and except
19with respect to a school district in the employment of peace
20officers in its own police department in existence on July 23,
212010 (the effective date of Public Act 96-1257). County boards
22and county sheriffs shall be designated as joint or
23co-employers of county peace officers appointed under the
24authority of a county sheriff. Nothing in this subsection (o)
25shall be construed to prevent the State Panel or the Local
26Panel from determining that employers are joint or

 

 

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1co-employers.
2    (o-5) With respect to wages, fringe benefits, hours,
3holidays, vacations, proficiency examinations, sick leave, and
4other conditions of employment, the public employer of public
5employees who are court reporters, as defined in the Court
6Reporters Act, shall be determined as follows:
7        (1) For court reporters employed by the Cook County
8    Judicial Circuit, the chief judge of the Cook County
9    Circuit Court is the public employer and employer
10    representative.
11        (2) For court reporters employed by the 12th, 18th,
12    19th, and, on and after December 4, 2006, the 22nd
13    judicial circuits, a group consisting of the chief judges
14    of those circuits, acting jointly by majority vote, is the
15    public employer and employer representative.
16        (3) For court reporters employed by all other judicial
17    circuits, a group consisting of the chief judges of those
18    circuits, acting jointly by majority vote, is the public
19    employer and employer representative.
20    (p) "Security employee" means an employee who is
21responsible for the supervision and control of inmates at
22correctional facilities. The term also includes other
23non-security employees in bargaining units having the majority
24of employees being responsible for the supervision and control
25of inmates at correctional facilities.
26    (q) "Short-term employee" means an employee who is

 

 

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

 

 

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1    duties and not solely on written job descriptions.
2    Further, in police units, employees shall consist of sworn
3    officers serving as shift commander and below. A shift
4    commander, regardless of sworn rank, may be responsible
5    for several police officers, one or more units or teams,
6    or an entire shift. If there is no sworn rank between that
7    of chief or sheriff and the highest ranked sworn shift
8    commander, the employer may designate a single exempt
9    shift commander position on each shift who is a
10    "supervisor". Each sworn or exempt rank above that of a
11    designated exempt shift commander is a "supervisor".
12    Nothing in this definition prohibits an individual from
13    also meeting the definition of "managerial employee" under
14    subsection (j) of this Section. In addition, in
15    determining supervisory status in police employment, rank
16    shall not be determinative. The Board shall consider, as
17    evidence of bargaining unit inclusion or exclusion, the
18    common law enforcement policies and relationships between
19    police officer ranks and certification under applicable
20    civil service law, ordinances, personnel codes, or
21    Division 2.1 of Article 10 of the Illinois Municipal Code,
22    but these factors shall not be the sole or predominant
23    factors considered by the Board in determining police
24    supervisory status.
25        Notwithstanding the provisions of the preceding
26    paragraph, in determining supervisory status in fire

 

 

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

 

 

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1    National Labor Relations Act and (B) orders of the
2    National Labor Relations Board interpreting that provision
3    or decisions of courts reviewing decisions of the National
4    Labor Relations Board.
5    (s)(1) "Unit" means a class of jobs or positions that are
6held by employees whose collective interests may suitably be
7represented by a labor organization for collective bargaining.
8Except with respect to non-State fire fighters and paramedics
9employed by fire departments and fire protection districts,
10non-State peace officers, and peace officers in the Illinois
11State Police, a bargaining unit determined by the Board shall
12not include both employees and supervisors, or supervisors
13only, except as provided in paragraph (2) of this subsection
14(s) and except for bargaining units in existence on July 1,
151984 (the effective date of this Act). With respect to
16non-State fire fighters and paramedics employed by fire
17departments and fire protection districts, non-State peace
18officers, and peace officers in the Illinois State Police, a
19bargaining unit determined by the Board shall not include both
20supervisors and nonsupervisors, or supervisors only, except as
21provided in paragraph (2) of this subsection (s) and except
22for bargaining units in existence on January 1, 1986 (the
23effective date of this amendatory Act of 1985). A bargaining
24unit determined by the Board to contain peace officers shall
25contain no employees other than peace officers unless
26otherwise agreed to by the employer and the labor organization

 

 

10300HB3114ham001- 23 -LRB103 29350 DTM 59101 a

1or labor organizations involved. Notwithstanding any other
2provision of this Act, a bargaining unit, including a
3historical bargaining unit, containing sworn peace officers of
4the Department of Natural Resources (formerly designated the
5Department of Conservation) shall contain no employees other
6than such sworn peace officers upon the effective date of this
7amendatory Act of 1990 or upon the expiration date of any
8collective bargaining agreement in effect upon the effective
9date of this amendatory Act of 1990 covering both such sworn
10peace officers and other employees.
11    (2) Notwithstanding the exclusion of supervisors from
12bargaining units as provided in paragraph (1) of this
13subsection (s), a public employer may agree to permit its
14supervisory employees to form bargaining units and may bargain
15with those units. This Act shall apply if the public employer
16chooses to bargain under this subsection.
17    (3) Public employees who are court reporters, as defined
18in the Court Reporters Act, shall be divided into 3 units for
19collective bargaining purposes. One unit shall be court
20reporters employed by the Cook County Judicial Circuit; one
21unit shall be court reporters employed by the 12th, 18th,
2219th, and, on and after December 4, 2006, the 22nd judicial
23circuits; and one unit shall be court reporters employed by
24all other judicial circuits.
25    (t) "Active petition for certification in a bargaining
26unit" means a petition for certification filed with the Board

 

 

10300HB3114ham001- 24 -LRB103 29350 DTM 59101 a

1under one of the following case numbers: S-RC-11-110;
2S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
3S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
4S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
5S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
6S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
7S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
8S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
9S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
10S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
11S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
12S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
13S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
14S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
15S-RC-07-100.
16(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
17102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised
186-13-22.)".