103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2371

 

Introduced 2/10/2023, by Sen. Robert Peters

 

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

    Amends the Illinois Public Labor Relations Act. Provides that, beginning on the effective date of the amendatory Act, Assistant State's Attorneys, Assistant Public Defenders, and Assistant Appellate Defenders are not managerial employees for purposes of the Act. Effective immediately.


LRB103 30833 DTM 57332 b

 

 

A BILL FOR

 

SB2371LRB103 30833 DTM 57332 b

1    AN ACT concerning State 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 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.
17    (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

 

 

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1Determinations of confidential employee status shall be based
2on actual employee job duties and not solely on written job
3descriptions.
4    (d) "Craft employees" means skilled journeymen, crafts
5persons, and their apprentices and helpers.
6    (e) "Essential services employees" means those public
7employees performing functions so essential that the
8interruption or termination of the function will constitute a
9clear and present danger to the health and safety of the
10persons in the affected community.
11    (f) "Exclusive representative", except with respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Illinois State Police,
15means the labor organization that has been (i) designated by
16the Board as the representative of a majority of public
17employees in an appropriate bargaining unit in accordance with
18the procedures contained in this Act; (ii) historically
19recognized by the State of Illinois or any political
20subdivision of the State before July 1, 1984 (the effective
21date of this Act) as the exclusive representative of the
22employees in an appropriate bargaining unit; (iii) after July
231, 1984 (the effective date of this Act) recognized by an
24employer upon evidence, acceptable to the Board, that the
25labor organization has been designated as the exclusive
26representative by a majority of the employees in an

 

 

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1appropriate bargaining unit; (iv) recognized as the exclusive
2representative of personal assistants under Executive Order
32003-8 prior to July 16, 2003 (the effective date of Public Act
493-204), and the organization shall be considered to be the
5exclusive representative of the personal assistants as defined
6in this Section; or (v) recognized as the exclusive
7representative of child and day care home providers, including
8licensed and license exempt providers, pursuant to an election
9held under Executive Order 2005-1 prior to January 1, 2006
10(the effective date of Public Act 94-320), and the
11organization shall be considered to be the exclusive
12representative of the child and day care home providers as
13defined in this Section.
14    With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Illinois
17State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire
20fighters 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 January 1, 1986 (the effective
24date of this amendatory Act of 1985) as the exclusive
25representative by a majority of the peace officers or fire
26fighters in an appropriate bargaining unit, or (iii) after

 

 

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1January 1, 1986 (the effective date of this amendatory Act of
21985) recognized by an employer upon evidence, acceptable to
3the Board, that the labor organization has been designated as
4the exclusive representative by a majority of the peace
5officers or fire fighters in an appropriate bargaining unit.
6    Where a historical pattern of representation exists for
7the workers of a water system that was owned by a public
8utility, as defined in Section 3-105 of the Public Utilities
9Act, prior to becoming certified employees of a municipality
10or municipalities once the municipality or municipalities have
11acquired the water system as authorized in Section 11-124-5 of
12the Illinois Municipal Code, the Board shall find the labor
13organization that has historically represented the workers to
14be the exclusive representative under this Act, and shall find
15the unit represented by the exclusive representative to be the
16appropriate unit.
17    (g) "Fair share agreement" means an agreement between the
18employer and an employee organization under which all or any
19of the employees in a collective bargaining unit are required
20to pay their proportionate share of the costs of the
21collective bargaining process, contract administration, and
22pursuing matters affecting wages, hours, and other conditions
23of employment, but not to exceed the amount of dues uniformly
24required of members. The amount certified by the exclusive
25representative shall not include any fees for contributions
26related to the election or support of any candidate for

 

 

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

 

 

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11984.
2    (h) "Governing body" means, in the case of the State, the
3State Panel of the Illinois Labor Relations Board, the
4Director of the Department of Central Management Services, and
5the Director of the Department of Labor; the county board in
6the case of a county; the corporate authorities in the case of
7a municipality; and the appropriate body authorized to provide
8for expenditures of its funds in the case of any other unit of
9government.
10    (i) "Labor organization" means any organization in which
11public employees participate and that exists for the purpose,
12in whole or in part, of dealing with a public employer
13concerning wages, hours, and other terms and conditions of
14employment, including the settlement of grievances.
15    (i-5) "Legislative liaison" means a person who is an
16employee of a State agency, the Attorney General, the
17Secretary of State, the Comptroller, or the Treasurer, as the
18case may be, and whose job duties require the person to
19regularly communicate in the course of his or her employment
20with any official or staff of the General Assembly of the State
21of Illinois for the purpose of influencing any legislative
22action.
23    (j) "Managerial employee" means an individual who is
24engaged predominantly in executive and management functions
25and is charged with the responsibility of directing the
26effectuation of management policies and practices.

 

 

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1Determination of managerial employee status shall be based on
2actual employee job duties and not solely on written job
3descriptions. With respect only to State employees in
4positions under the jurisdiction of the Attorney General,
5Secretary of State, Comptroller, or Treasurer (i) that were
6certified in a bargaining unit on or after December 2, 2008,
7(ii) for which a petition is filed with the Illinois Public
8Labor Relations Board on or after April 5, 2013 (the effective
9date of Public Act 97-1172), or (iii) for which a petition is
10pending before the Illinois Public Labor Relations Board on
11that date, "managerial employee" means an individual who is
12engaged in executive and management functions or who is
13charged with the effectuation of management policies and
14practices or who represents management interests by taking or
15recommending discretionary actions that effectively control or
16implement policy. Nothing in this definition prohibits an
17individual from also meeting the definition of "supervisor"
18under subsection (r) of this Section. Notwithstanding any
19other provision of this Act, beginning on the effective date
20of this amendatory Act of the 103rd General Assembly,
21"managerial employee" does not include Assistant State's
22Attorneys, Assistant Public Defenders, or Assistant Appellate
23Defenders.
24    (k) "Peace officer" means, for the purposes of this Act
25only, any persons who have been or are hereafter appointed to a
26police force, department, or agency and sworn or commissioned

 

 

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1to perform police duties, except that the following persons
2are not included: part-time police officers, special police
3officers, auxiliary police as defined by Section 3.1-30-20 of
4the Illinois Municipal Code, night watchmen, "merchant
5police", court security officers as defined by Section
63-6012.1 of the Counties Code, temporary employees, traffic
7guards or wardens, civilian parking meter and parking
8facilities personnel or other individuals specially appointed
9to aid or direct traffic at or near schools or public functions
10or to aid in civil defense or disaster, parking enforcement
11employees who are not commissioned as peace officers and who
12are not armed and who are not routinely expected to effect
13arrests, parking lot attendants, clerks and dispatchers or
14other civilian employees of a police department who are not
15routinely expected to effect arrests, or elected officials.
16    (l) "Person" includes one or more individuals, labor
17organizations, public employees, associations, corporations,
18legal representatives, trustees, trustees in bankruptcy,
19receivers, or the State of Illinois or any political
20subdivision of the State or governing body, but does not
21include the General Assembly of the State of Illinois or any
22individual employed by the General Assembly of the State of
23Illinois.
24    (m) "Professional employee" means any employee engaged in
25work predominantly intellectual and varied in character rather
26than routine mental, manual, mechanical or physical work;

 

 

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

 

 

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1program under Section 9A-11 of the Illinois Public Aid Code,
2subject to the limitations set forth in this Act and in Section
39A-11 of the Illinois Public Aid Code, (iv) as of January 29,
42013 (the effective date of Public Act 97-1158), but not
5before except as otherwise provided in this subsection (n),
6home care and home health workers who function as personal
7assistants and individual maintenance home health workers and
8who also work under the Home Services Program under Section 3
9of the Rehabilitation of Persons with Disabilities Act, no
10matter whether the State provides those services through
11direct fee-for-service arrangements, with the assistance of a
12managed care organization or other intermediary, or otherwise,
13(v) beginning on July 19, 2013 (the effective date of Public
14Act 98-100) and notwithstanding any other provision of this
15Act, any person employed by a public employer and who is
16classified as or who holds the employment title of Chief
17Stationary Engineer, Assistant Chief Stationary Engineer,
18Sewage Plant Operator, Water Plant Operator, Stationary
19Engineer, Plant Operating Engineer, and any other employee who
20holds the position of: Civil Engineer V, Civil Engineer VI,
21Civil Engineer VII, Technical Manager I, Technical Manager II,
22Technical Manager III, Technical Manager IV, Technical Manager
23V, Technical Manager VI, Realty Specialist III, Realty
24Specialist IV, Realty Specialist V, Technical Advisor I,
25Technical Advisor II, Technical Advisor III, Technical Advisor
26IV, or Technical Advisor V employed by the Department of

 

 

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1Transportation who is in a position which is certified in a
2bargaining unit on or before July 19, 2013 (the effective date
3of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
4effective date of Public Act 98-100) and notwithstanding any
5other provision of this Act, any mental health administrator
6in the Department of Corrections who is classified as or who
7holds the position of Public Service Administrator (Option
88K), any employee of the Office of the Inspector General in the
9Department of Human Services who is classified as or who holds
10the position of Public Service Administrator (Option 7), any
11Deputy of Intelligence in the Department of Corrections who is
12classified as or who holds the position of Public Service
13Administrator (Option 7), and any employee of the Illinois
14State Police who handles issues concerning the Illinois State
15Police Sex Offender Registry and who is classified as or holds
16the position of Public Service Administrator (Option 7), but
17excluding all of the following: employees of the General
18Assembly of the State of Illinois; elected officials;
19executive heads of a department; members of boards or
20commissions; the Executive Inspectors General; any special
21Executive Inspectors General; employees of each Office of an
22Executive Inspector General; commissioners and employees of
23the Executive Ethics Commission; the Auditor General's
24Inspector General; employees of the Office of the Auditor
25General's Inspector General; the Legislative Inspector
26General; any special Legislative Inspectors General; employees

 

 

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

 

 

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1otherwise exempt under the Secretary of State Merit Employment
2Code; employees in the Office of the Secretary of State who are
3completely exempt from jurisdiction B of the Secretary of
4State Merit Employment Code and who are in Rutan-exempt
5positions on or after April 5, 2013 (the effective date of
6Public Act 97-1172); a person who is a State employee under the
7jurisdiction of the Treasurer who holds a position that is
8exempt from the State Treasurer Employment Code; any employee
9of a State agency who (i) holds the title or position of, or
10exercises substantially similar duties as a legislative
11liaison, Agency General Counsel, Agency Chief of Staff, Agency
12Executive Director, Agency Deputy Director, Agency Chief
13Fiscal Officer, Agency Human Resources Director, Public
14Information Officer, or Chief Information Officer and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any employee
17of a State agency who (i) is in a position that is
18Rutan-exempt, as designated by the employer, and completely
19exempt from jurisdiction B of the Personnel Code and (ii) was
20neither included in a bargaining unit nor subject to an active
21petition for certification in a bargaining unit; any term
22appointed employee of a State agency pursuant to Section 8b.18
23or 8b.19 of the Personnel Code who was neither included in a
24bargaining unit nor subject to an active petition for
25certification in a bargaining unit; any employment position
26properly designated pursuant to Section 6.1 of this Act;

 

 

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1confidential employees; independent contractors; and
2supervisors except as provided in this Act.
3    Home care and home health workers who function as personal
4assistants and individual maintenance home health workers and
5who also work under the Home Services Program under Section 3
6of the Rehabilitation of Persons with Disabilities Act shall
7not be considered public employees for any purposes not
8specifically provided for in Public Act 93-204 or Public Act
997-1158, including, but not limited to, purposes of vicarious
10liability in tort and purposes of statutory retirement or
11health insurance benefits. Home care and home health workers
12who function as personal assistants and individual maintenance
13home health workers and who also work under the Home Services
14Program under Section 3 of the Rehabilitation of Persons with
15Disabilities Act shall not be covered by the State Employees
16Group Insurance Act of 1971.
17    Child and day care home providers shall not be considered
18public employees for any purposes not specifically provided
19for in Public Act 94-320, including, but not limited to,
20purposes of vicarious liability in tort and purposes of
21statutory retirement or health insurance benefits. Child and
22day care home providers shall not be covered by the State
23Employees Group Insurance Act of 1971.
24    Notwithstanding Section 9, subsection (c), or any other
25provisions of this Act, all peace officers above the rank of
26captain in municipalities with more than 1,000,000 inhabitants

 

 

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1shall be excluded from this Act.
2    (o) Except as otherwise in subsection (o-5), "public
3employer" or "employer" means the State of Illinois; any
4political subdivision of the State, unit of local government
5or school district; authorities including departments,
6divisions, bureaus, boards, commissions, or other agencies of
7the foregoing entities; and any person acting within the scope
8of his or her authority, express or implied, on behalf of those
9entities in dealing with its employees. As of July 16, 2003
10(the effective date of Public Act 93-204), but not before, the
11State of Illinois shall be considered the employer of the
12personal assistants working under the Home Services Program
13under Section 3 of the Rehabilitation of Persons with
14Disabilities Act, subject to the limitations set forth in this
15Act and in the Rehabilitation of Persons with Disabilities
16Act. As of January 29, 2013 (the effective date of Public Act
1797-1158), but not before except as otherwise provided in this
18subsection (o), the State shall be considered the employer of
19home 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, no
23matter whether the State provides those services through
24direct fee-for-service arrangements, with the assistance of a
25managed care organization or other intermediary, or otherwise,
26but subject to the limitations set forth in this Act and the

 

 

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

 

 

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1insurance benefits. Child and day care home providers shall
2not be covered by the State Employees Group Insurance Act of
31971.
4    "Public employer" or "employer" as used in this Act,
5however, does not mean and shall not include the General
6Assembly of the State of Illinois, the Executive Ethics
7Commission, the Offices of the Executive Inspectors General,
8the Legislative Ethics Commission, the Office of the
9Legislative Inspector General, the Office of the Auditor
10General's Inspector General, the Office of the Governor, the
11Governor's Office of Management and Budget, the Illinois
12Finance Authority, the Office of the Lieutenant Governor, the
13State Board of Elections, and educational employers or
14employers as defined in the Illinois Educational Labor
15Relations Act, except with respect to a state university in
16its employment of firefighters and peace officers and except
17with respect to a school district in the employment of peace
18officers in its own police department in existence on July 23,
192010 (the effective date of Public Act 96-1257). County boards
20and county sheriffs shall be designated as joint or
21co-employers of county peace officers appointed under the
22authority of a county sheriff. Nothing in this subsection (o)
23shall be construed to prevent the State Panel or the Local
24Panel from determining that employers are joint or
25co-employers.
26    (o-5) With respect to wages, fringe benefits, hours,

 

 

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

 

 

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

 

 

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1    meeting the definition of "managerial employee" under
2    subsection (j) of this Section. In addition, in
3    determining supervisory status in police employment, rank
4    shall not be determinative. The Board shall consider, as
5    evidence of bargaining unit inclusion or exclusion, the
6    common law enforcement policies and relationships between
7    police officer ranks and certification under applicable
8    civil service law, ordinances, personnel codes, or
9    Division 2.1 of Article 10 of the Illinois Municipal Code,
10    but these factors shall not be the sole or predominant
11    factors considered by the Board in determining police
12    supervisory status.
13        Notwithstanding the provisions of the preceding
14    paragraph, in determining supervisory status in fire
15    fighter employment, no fire fighter shall be excluded as a
16    supervisor who has established representation rights under
17    Section 9 of this Act. Further, in fire fighter units,
18    employees shall consist of fire fighters of the highest
19    rank of company officer and below. A company officer may
20    be responsible for multiple companies or apparatus on a
21    shift, multiple stations, or an entire shift. There may be
22    more than one company officer per shift. If a company
23    officer otherwise qualifies as a supervisor under the
24    preceding paragraph, however, he or she shall not be
25    included in the fire fighter unit. If there is no rank
26    between that of chief and the highest company officer, the

 

 

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

 

 

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1only, except as provided in paragraph (2) of this subsection
2(s) and except for bargaining units in existence on July 1,
31984 (the effective date of this Act). With respect to
4non-State fire fighters and paramedics employed by fire
5departments and fire protection districts, non-State peace
6officers, and peace officers in the Illinois State Police, a
7bargaining unit determined by the Board shall not include both
8supervisors and nonsupervisors, or supervisors only, except as
9provided in paragraph (2) of this subsection (s) and except
10for bargaining units in existence on January 1, 1986 (the
11effective date of this amendatory Act of 1985). A bargaining
12unit determined by the Board to contain peace officers shall
13contain no employees other than peace officers unless
14otherwise agreed to by the employer and the labor organization
15or labor organizations involved. Notwithstanding any other
16provision of this Act, a bargaining unit, including a
17historical bargaining unit, containing sworn peace officers of
18the Department of Natural Resources (formerly designated the
19Department of Conservation) shall contain no employees other
20than such sworn peace officers upon the effective date of this
21amendatory Act of 1990 or upon the expiration date of any
22collective bargaining agreement in effect upon the effective
23date of this amendatory Act of 1990 covering both such sworn
24peace officers and other employees.
25    (2) Notwithstanding the exclusion of supervisors from
26bargaining units as provided in paragraph (1) of this

 

 

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1subsection (s), a public employer may agree to permit its
2supervisory employees to form bargaining units and may bargain
3with those units. This Act shall apply if the public employer
4chooses to bargain under this subsection.
5    (3) Public employees who are court reporters, as defined
6in the Court Reporters Act, shall be divided into 3 units for
7collective bargaining purposes. One unit shall be court
8reporters employed by the Cook County Judicial Circuit; one
9unit shall be court reporters employed by the 12th, 18th,
1019th, and, on and after December 4, 2006, the 22nd judicial
11circuits; and one unit shall be court reporters employed by
12all other judicial circuits.
13    (t) "Active petition for certification in a bargaining
14unit" means a petition for certification filed with the Board
15under one of the following case numbers: S-RC-11-110;
16S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
17S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
18S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
19S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
20S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
21S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
22S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
23S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
24S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
25S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
26S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

 

 

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1S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
2S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
3S-RC-07-100.
4(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
5102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.