Rep. Mike Fortner

Filed: 3/26/2012

 

 


 

 


 
09700HB5201ham001LRB097 14488 HLH 68042 a

1
AMENDMENT TO HOUSE BILL 5201

2    AMENDMENT NO. ______. Amend House Bill 5201 immediately
3below the enacting clause, by inserting the following:
 
4    "Section 3. 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 other
15conditions of employment, as detailed in Section 7 and which
16are 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.
8    (d) "Craft employees" means skilled journeymen, crafts
9persons, and their apprentices and helpers.
10    (e) "Essential services employees" means those public
11employees performing functions so essential that the
12interruption or termination of the function will constitute a
13clear and present danger to the health and safety of the
14persons in the affected community.
15    (f) "Exclusive representative", except 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 Department of State Police,
19means the labor organization that has been (i) designated by
20the Board as the representative of a majority of public
21employees in an appropriate bargaining unit in accordance with
22the procedures contained in this Act, (ii) historically
23recognized by the State of Illinois or any political
24subdivision of the State before July 1, 1984 (the effective
25date of this Act) as the exclusive representative of the
26employees in an appropriate bargaining unit, (iii) after July

 

 

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11, 1984 (the effective date of this Act) recognized by an
2employer upon evidence, acceptable to the Board, that the labor
3organization has been designated as the exclusive
4representative by a majority of the employees in an appropriate
5bargaining unit; (iv) recognized as the exclusive
6representative of personal care attendants or personal
7assistants under Executive Order 2003-8 prior to the effective
8date of this amendatory Act of the 93rd General Assembly, and
9the organization shall be considered to be the exclusive
10representative of the personal care attendants or personal
11assistants as defined in this Section; or (v) recognized as the
12exclusive representative of child and day care home providers,
13including licensed and license exempt providers, pursuant to an
14election held under Executive Order 2005-1 prior to the
15effective date of this amendatory Act of the 94th General
16Assembly, and the organization shall be considered to be the
17exclusive representative of the child and day care home
18providers as defined in this Section.
19    With respect to non-State fire fighters and paramedics
20employed by fire departments and fire protection districts,
21non-State peace officers, and peace officers in the Department
22of State Police, "exclusive representative" means the labor
23organization that has been (i) designated by the Board as the
24representative of a majority of peace officers or fire fighters
25in an appropriate bargaining unit in accordance with the
26procedures contained in this Act, (ii) historically recognized

 

 

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

 

 

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

 

 

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1Leader of the Senate, the Joint Committee on Legislative
2Support Services and any legislative support services agency
3listed in the Legislative Commission Reorganization Act of
41984.
5    (h) "Governing body" means, in the case of the State, the
6State Panel of the Illinois Labor Relations Board, the Director
7of the Department of Central Management Services, and the
8Director of the Department of Labor; the county board in the
9case of a county; the corporate authorities in the case of a
10municipality; and the appropriate body authorized to provide
11for expenditures of its funds in the case of any other unit of
12government.
13    (i) "Labor organization" means any organization in which
14public employees participate and that exists for the purpose,
15in whole or in part, of dealing with a public employer
16concerning wages, hours, and other terms and conditions of
17employment, including the settlement of grievances.
18    (j) "Managerial employee" means an individual who is
19engaged predominantly in executive and management functions
20and is charged with the responsibility of directing the
21effectuation of management policies and practices.
22    (k) "Peace officer" means, for the purposes of this Act
23only, any persons who have been or are hereafter appointed to a
24police force, department, or agency and sworn or commissioned
25to perform police duties, except that the following persons are
26not included: part-time police officers, special police

 

 

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1officers, auxiliary police as defined by Section 3.1-30-20 of
2the Illinois Municipal Code, night watchmen, "merchant
3police", court security officers as defined by Section 3-6012.1
4of the Counties Code, temporary employees, traffic guards or
5wardens, civilian parking meter and parking facilities
6personnel or other individuals specially appointed to aid or
7direct traffic at or near schools or public functions or to aid
8in civil defense or disaster, parking enforcement employees who
9are not commissioned as peace officers and who are not armed
10and who are not routinely expected to effect arrests, parking
11lot attendants, clerks and dispatchers or other civilian
12employees of a police department who are not routinely expected
13to effect arrests, or elected officials.
14    (l) "Person" includes one or more individuals, labor
15organizations, public employees, associations, corporations,
16legal representatives, trustees, trustees in bankruptcy,
17receivers, or the State of Illinois or any political
18subdivision of the State or governing body, but does not
19include the General Assembly of the State of Illinois or any
20individual employed by the General Assembly of the State of
21Illinois.
22    (m) "Professional employee" means any employee engaged in
23work predominantly intellectual and varied in character rather
24than routine mental, manual, mechanical or physical work;
25involving the consistent exercise of discretion and adjustment
26in its performance; of such a character that the output

 

 

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1produced or the result accomplished cannot be standardized in
2relation to a given period of time; and requiring advanced
3knowledge in a field of science or learning customarily
4acquired by a prolonged course of specialized intellectual
5instruction and study in an institution of higher learning or a
6hospital, as distinguished from a general academic education or
7from apprenticeship or from training in the performance of
8routine mental, manual, or physical processes; or any employee
9who has completed the courses of specialized intellectual
10instruction and study prescribed in this subsection (m) and is
11performing related work under the supervision of a professional
12person to qualify to become a professional employee as defined
13in this subsection (m).
14    (n) "Public employee" or "employee", for the purposes of
15this Act, means any individual employed by a public employer,
16including (i) interns and residents at public hospitals, (ii)
17as of the effective date of this amendatory Act of the 93rd
18General Assembly, but not before, personal care attendants and
19personal assistants working under the Home Services Program
20under Section 3 of the Disabled Persons Rehabilitation Act,
21subject to the limitations set forth in this Act and in the
22Disabled Persons Rehabilitation Act, and (iii) as of the
23effective date of this amendatory Act of the 94th General
24Assembly, but 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, but excluding all of the following:
3employees of the General Assembly of the State of Illinois;
4employees of the State Board of Elections; elected officials;
5executive heads of a department; members of boards or
6commissions; the Executive Inspectors General; any special
7Executive Inspectors General; employees of each Office of an
8Executive Inspector General; commissioners and employees of
9the Executive Ethics Commission; the Auditor General's
10Inspector General; employees of the Office of the Auditor
11General's Inspector General; the Legislative Inspector
12General; any special Legislative Inspectors General; employees
13of the Office of the Legislative Inspector General;
14commissioners and employees of the Legislative Ethics
15Commission; employees of any agency, board or commission
16created by this Act; employees appointed to State positions of
17a temporary or emergency nature; all employees of school
18districts and higher education institutions except
19firefighters and peace officers employed by a state university
20and except peace officers employed by a school district in its
21own police department in existence on the effective date of
22this amendatory Act of the 96th General Assembly; managerial
23employees; short-term employees; confidential employees;
24independent contractors; and supervisors except as provided in
25this Act.
26    Personal care attendants and personal assistants shall not

 

 

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1be considered public employees for any purposes not
2specifically provided for in the amendatory Act of the 93rd
3General Assembly, including but not limited to, purposes of
4vicarious liability in tort and purposes of statutory
5retirement or health insurance benefits. Personal care
6attendants and personal assistants shall not be covered by the
7State Employees Group Insurance Act of 1971 (5 ILCS 375/).
8    Child and day care home providers shall not be considered
9public employees for any purposes not specifically provided for
10in this amendatory Act of the 94th General Assembly, including
11but not limited to, purposes of vicarious liability in tort and
12purposes of statutory retirement or health insurance benefits.
13Child and day care home providers shall not be covered by the
14State Employees Group 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 or
22school district; authorities including departments, divisions,
23bureaus, boards, commissions, or other agencies of the
24foregoing entities; and any person acting within the scope of
25his or her authority, express or implied, on behalf of those
26entities in dealing with its employees. As of the effective

 

 

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

 

 

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1day care home providers shall not be covered by the State
2Employees Group Insurance Act of 1971.
3    "Public employer" or "employer" as used in this Act,
4however, does not mean and shall not include the General
5Assembly of the State of Illinois, the Executive Ethics
6Commission, the Offices of the Executive Inspectors General,
7the Legislative Ethics Commission, the Office of the
8Legislative Inspector General, the Office of the Auditor
9General's Inspector General, the State Board of Elections, and
10educational employers or employers as defined in the Illinois
11Educational Labor Relations Act, except with respect to a state
12university in its employment of firefighters and peace officers
13and except with respect to a school district in the employment
14of peace officers in its own police department in existence on
15the effective date of this amendatory Act of the 96th General
16Assembly. County boards and county sheriffs shall be designated
17as joint or co-employers of county peace officers appointed
18under the authority of a county sheriff. Nothing in this
19subsection (o) shall be construed to prevent the State Panel or
20the Local Panel from determining that employers are joint or
21co-employers.
22    (o-5) With respect to wages, fringe benefits, hours,
23holidays, vacations, proficiency examinations, sick leave, and
24other conditions of employment, the public employer of public
25employees who are court reporters, as defined in the Court
26Reporters Act, shall be determined as follows:

 

 

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1        (1) For court reporters employed by the Cook County
2    Judicial Circuit, the chief judge of the Cook County
3    Circuit Court is the public employer and employer
4    representative.
5        (2) For court reporters employed by the 12th, 18th,
6    19th, and, on and after December 4, 2006, the 22nd judicial
7    circuits, a group consisting of the chief judges of those
8    circuits, acting jointly by majority vote, is the public
9    employer and employer representative.
10        (3) For court reporters employed by all other judicial
11    circuits, a group consisting of the chief judges of those
12    circuits, acting jointly by majority vote, is the public
13    employer and employer representative.
14    (p) "Security employee" means an employee who is
15responsible for the supervision and control of inmates at
16correctional facilities. The term also includes other
17non-security employees in bargaining units having the majority
18of employees being responsible for the supervision and control
19of inmates at correctional facilities.
20    (q) "Short-term employee" means an employee who is employed
21for less than 2 consecutive calendar quarters during a calendar
22year and who does not have a reasonable assurance that he or
23she will be rehired by the same employer for the same service
24in a subsequent calendar year.
25    (r) "Supervisor" is an employee whose principal work is
26substantially different from that of his or her subordinates

 

 

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1and who has authority, in the interest of the employer, to
2hire, transfer, suspend, lay off, recall, promote, discharge,
3direct, reward, or discipline employees, to adjust their
4grievances, or to effectively recommend any of those actions,
5if the exercise of that authority is not of a merely routine or
6clerical nature, but requires the consistent use of independent
7judgment. Except with respect to police employment, the term
8"supervisor" includes only those individuals who devote a
9preponderance of their employment time to exercising that
10authority, State supervisors notwithstanding. In addition, in
11determining supervisory status in police employment, rank
12shall not be determinative. The Board shall consider, as
13evidence of bargaining unit inclusion or exclusion, the common
14law enforcement policies and relationships between police
15officer ranks and certification under applicable civil service
16law, ordinances, personnel codes, or Division 2.1 of Article 10
17of the Illinois Municipal Code, but these factors shall not be
18the sole or predominant factors considered by the Board in
19determining police supervisory status.
20    Notwithstanding the provisions of the preceding paragraph,
21in determining supervisory status in fire fighter employment,
22no fire fighter shall be excluded as a supervisor who has
23established representation rights under Section 9 of this Act.
24Further, in new fire fighter units, employees shall consist of
25fire fighters of the rank of company officer and below. If a
26company officer otherwise qualifies as a supervisor under the

 

 

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1preceding paragraph, however, he or she shall not be included
2in the fire fighter unit. If there is no rank between that of
3chief and the highest company officer, the employer may
4designate a position on each shift as a Shift Commander, and
5the persons occupying those positions shall be supervisors. All
6other ranks above that of company officer shall be supervisors.
7    (s)(1) "Unit" means a class of jobs or positions that are
8held by employees whose collective interests may suitably be
9represented by a labor organization for collective bargaining.
10Except with respect to non-State fire fighters and paramedics
11employed by fire departments and fire protection districts,
12non-State peace officers, and peace officers in the Department
13of State Police, a bargaining unit determined by the Board
14shall not include both employees and supervisors, or
15supervisors only, except as provided in paragraph (2) of this
16subsection (s) and except for bargaining units in existence on
17July 1, 1984 (the effective date of this Act). With respect to
18non-State fire fighters and paramedics employed by fire
19departments and fire protection districts, non-State peace
20officers, and peace officers in the Department of State Police,
21a bargaining unit determined by the Board shall not include
22both supervisors and nonsupervisors, or supervisors only,
23except as provided in paragraph (2) of this subsection (s) and
24except for bargaining units in existence on January 1, 1986
25(the effective date of this amendatory Act of 1985). A
26bargaining unit determined by the Board to contain peace

 

 

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

 

 

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1(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)".