SB1556 EnrolledLRB097 09499 JDS 49636 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3 and 6 and by adding Section 6.1
6as follows:
 
7    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14    (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and other
16conditions of employment, as detailed in Section 7 and which
17are not excluded by Section 4.
18    (c) "Confidential employee" means an employee who, in the
19regular course of his or her duties, assists and acts in a
20confidential capacity to persons who formulate, determine, and
21effectuate management policies with regard to labor relations
22or who, in the regular course of his or her duties, has
23authorized access to information relating to the effectuation

 

 

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1or review of the employer's collective bargaining policies.
2    (d) "Craft employees" means skilled journeymen, crafts
3persons, and their apprentices and helpers.
4    (e) "Essential services employees" means those public
5employees performing functions so essential that the
6interruption or termination of the function will constitute a
7clear and present danger to the health and safety of the
8persons in the affected community.
9    (f) "Exclusive representative", except with respect to
10non-State fire fighters and paramedics employed by fire
11departments and fire protection districts, non-State peace
12officers, and peace officers in the Department of State Police,
13means the labor organization that has been (i) designated by
14the Board as the representative of a majority of public
15employees in an appropriate bargaining unit in accordance with
16the procedures contained in this Act, (ii) historically
17recognized by the State of Illinois or any political
18subdivision of the State before July 1, 1984 (the effective
19date of this Act) as the exclusive representative of the
20employees in an appropriate bargaining unit, (iii) after July
211, 1984 (the effective date of this Act) recognized by an
22employer upon evidence, acceptable to the Board, that the labor
23organization has been designated as the exclusive
24representative by a majority of the employees in an appropriate
25bargaining unit; (iv) recognized as the exclusive
26representative of personal care attendants or personal

 

 

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1assistants under Executive Order 2003-8 prior to the effective
2date of this amendatory Act of the 93rd General Assembly, and
3the organization shall be considered to be the exclusive
4representative of the personal care attendants or personal
5assistants as defined in this Section; or (v) recognized as the
6exclusive representative of child and day care home providers,
7including licensed and license exempt providers, pursuant to an
8election held under Executive Order 2005-1 prior to the
9effective date of this amendatory Act of the 94th General
10Assembly, and the organization shall be considered to be the
11exclusive representative of the child and day care home
12providers as defined in this Section.
13    With respect to non-State fire fighters and paramedics
14employed by fire departments and fire protection districts,
15non-State peace officers, and peace officers in the Department
16of State Police, "exclusive representative" means the labor
17organization that has been (i) designated by the Board as the
18representative of a majority of peace officers or fire fighters
19in an appropriate bargaining unit in accordance with the
20procedures contained in this Act, (ii) historically recognized
21by the State of Illinois or any political subdivision of the
22State before January 1, 1986 (the effective date of this
23amendatory Act of 1985) as the exclusive representative by a
24majority of the peace officers or fire fighters in an
25appropriate bargaining unit, or (iii) after January 1, 1986
26(the effective date of this amendatory Act of 1985) recognized

 

 

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

 

 

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1routinely expected to perform fire fighter duties, or elected
2officials.
3    (g-2) "General Assembly of the State of Illinois" means the
4legislative branch of the government of the State of Illinois,
5as provided for under Article IV of the Constitution of the
6State of Illinois, and includes but is not limited to the House
7of Representatives, the Senate, the Speaker of the House of
8Representatives, the Minority Leader of the House of
9Representatives, the President of the Senate, the Minority
10Leader of the Senate, the Joint Committee on Legislative
11Support Services and any legislative support services agency
12listed in the Legislative Commission Reorganization Act of
131984.
14    (h) "Governing body" means, in the case of the State, the
15State Panel of the Illinois Labor Relations Board, the Director
16of the Department of Central Management Services, and the
17Director of the Department of Labor; the county board in the
18case of a county; the corporate authorities in the case of a
19municipality; and the appropriate body authorized to provide
20for expenditures of its funds in the case of any other unit of
21government.
22    (i) "Labor organization" means any organization in which
23public employees participate and that exists for the purpose,
24in whole or in part, of dealing with a public employer
25concerning wages, hours, and other terms and conditions of
26employment, including the settlement of grievances.

 

 

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1    (i-5) "Legislative liaison" means a person who is an
2employee of a State agency, the Attorney General, the Secretary
3of State, the Comptroller, or the Treasurer, as the case may
4be, and whose job duties require the person to regularly
5communicate in the course of his or her employment with any
6official or staff of the General Assembly of the State of
7Illinois for the purpose of influencing any legislative action.
8    (j) "Managerial employee" means an individual who is
9engaged predominantly in executive and management functions
10and is charged with the responsibility of directing the
11effectuation of management policies and practices. With
12respect only to State employees in positions under the
13jurisdiction of the Attorney General, Secretary of State,
14Comptroller, or Treasurer (i) that were certified in a
15bargaining unit on or after December 2, 2008, (ii) for which a
16petition is filed with the Illinois Public Labor Relations
17Board on or after the effective date of this amendatory Act of
18the 97th General Assembly, or (iii) for which a petition is
19pending before the Illinois Public Labor Relations Board on
20that date, "managerial employee" means an individual who is
21engaged in executive and management functions or who is charged
22with the effectuation of management policies and practices or
23who represents management interests by taking or recommending
24discretionary actions that effectively control or implement
25policy. Nothing in this definition prohibits an individual from
26also meeting the definition "supervisor" under subsection (r)

 

 

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

 

 

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

 

 

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1subject to the limitations set forth in this Act and in the
2Disabled Persons Rehabilitation Act, and (iii) as of the
3effective date of this amendatory Act of the 94th General
4Assembly, but not before, child and day care home providers
5participating in the child care assistance program under
6Section 9A-11 of the Illinois Public Aid Code, subject to the
7limitations set forth in this Act and in Section 9A-11 of the
8Illinois Public Aid Code, but excluding all of the following:
9employees of the General Assembly of the State of Illinois;
10elected officials; executive heads of a department; members of
11boards or commissions; the Executive Inspectors General; any
12special Executive Inspectors General; employees of each Office
13of an Executive Inspector General; commissioners and employees
14of the Executive Ethics Commission; the Auditor General's
15Inspector General; employees of the Office of the Auditor
16General's Inspector General; the Legislative Inspector
17General; any special Legislative Inspectors General; employees
18of the Office of the Legislative Inspector General;
19commissioners and employees of the Legislative Ethics
20Commission; employees of any agency, board or commission
21created by this Act; employees appointed to State positions of
22a temporary or emergency nature; all employees of school
23districts and higher education institutions except
24firefighters and peace officers employed by a state university
25and except peace officers employed by a school district in its
26own police department in existence on the effective date of

 

 

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1this amendatory Act of the 96th General Assembly; managerial
2employees; short-term employees; legislative liaisons; a
3person who is a State employee under the jurisdiction of the
4Office of the Attorney General who is licensed to practice law
5or whose position authorizes, either directly or indirectly,
6meaningful input into government decision-making on issues
7where there is room for principled disagreement on goals or
8their implementation; a person who is a State employee under
9the jurisdiction of the Office of the Comptroller who holds the
10position of Public Service Administrator or whose position is
11otherwise exempt under the Comptroller Merit Employment Code; a
12person who is a State employee under the jurisdiction of the
13Secretary of State who holds the position classification of
14Executive I or higher, whose position authorizes, either
15directly or indirectly, meaningful input into government
16decision-making on issues where there is room for principled
17disagreement on goals or their implementation, or who is
18otherwise exempt under the Secretary of State Merit Employment
19Code; employees in the Office of the Secretary of State who are
20completely exempt from jurisdiction B of the Secretary of State
21Merit Employment Code and who are in Rutan-exempt positions on
22or after the effective date of this amendatory Act of the 97th
23General Assembly; a person who is a State employee under the
24jurisdiction of the Treasurer who holds a position that is
25exempt from the State Treasurer Employment Code; any employee
26of a State agency who (i) holds the title or position of, or

 

 

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1exercises substantially similar duties as a legislative
2liaison, Agency General Counsel, Agency Chief of Staff, Agency
3Executive Director, Agency Deputy Director, Agency Chief
4Fiscal Officer, Agency Human Resources Director, Public
5Information Officer, or Chief Information Officer and (ii) was
6neither included in a bargaining unit nor subject to an active
7petition for certification in a bargaining unit; any employee
8of a State agency who (i) is in a position that is
9Rutan-exempt, as designated by the employer, and completely
10exempt from jurisdiction B of the Personnel Code and (ii) was
11neither included in a bargaining unit nor subject to an active
12petition for certification in a bargaining unit; any term
13appointed employee of a State agency pursuant to Section 8b.18
14or 8b.19 of the Personnel Code who was neither included in a
15bargaining unit nor subject to an active petition for
16certification in a bargaining unit; any employment position
17properly designated pursuant to Section 6.1 of this Act;
18confidential employees; independent contractors; and
19supervisors except as provided in this Act.
20    Personal care attendants and personal assistants shall not
21be considered public employees for any purposes not
22specifically provided for in the amendatory Act of the 93rd
23General Assembly, including but not limited to, purposes of
24vicarious liability in tort and purposes of statutory
25retirement or health insurance benefits. Personal care
26attendants and personal assistants shall not be covered by the

 

 

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1State Employees Group Insurance Act of 1971 (5 ILCS 375/).
2    Child and day care home providers shall not be considered
3public employees for any purposes not specifically provided for
4in this amendatory Act of the 94th General Assembly, including
5but not limited to, purposes of vicarious liability in tort and
6purposes of statutory retirement or health insurance benefits.
7Child and day care home providers shall not be covered by the
8State Employees Group Insurance Act of 1971.
9    Notwithstanding Section 9, subsection (c), or any other
10provisions of this Act, all peace officers above the rank of
11captain in municipalities with more than 1,000,000 inhabitants
12shall be excluded from this Act.
13    (o) Except as otherwise in subsection (o-5), "public
14employer" or "employer" means the State of Illinois; any
15political subdivision of the State, unit of local government or
16school district; authorities including departments, divisions,
17bureaus, boards, commissions, or other agencies of the
18foregoing entities; and any person acting within the scope of
19his or her authority, express or implied, on behalf of those
20entities in dealing with its employees. As of the effective
21date of the amendatory Act of the 93rd General Assembly, but
22not before, the State of Illinois shall be considered the
23employer of the personal care attendants and personal
24assistants working under the Home Services Program under
25Section 3 of the Disabled Persons Rehabilitation Act, subject
26to the limitations set forth in this Act and in the Disabled

 

 

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

 

 

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1the Legislative Ethics Commission, the Office of the
2Legislative Inspector General, the Office of the Auditor
3General's Inspector General, the Office of the Governor, the
4Governor's Office of Management and Budget, the Illinois
5Finance Authority, the Office of the Lieutenant Governor, the
6State Board of Elections, and educational employers or
7employers as defined in the Illinois Educational Labor
8Relations Act, except with respect to a state university in its
9employment of firefighters and peace officers and except with
10respect to a school district in the employment of peace
11officers in its own police department in existence on the
12effective date of this amendatory Act of the 96th General
13Assembly. County boards and county sheriffs shall be designated
14as joint or co-employers of county peace officers appointed
15under the authority of a county sheriff. Nothing in this
16subsection (o) shall be construed to prevent the State Panel or
17the Local Panel from determining that employers are joint or
18co-employers.
19    (o-5) With respect to wages, fringe benefits, hours,
20holidays, vacations, proficiency examinations, sick leave, and
21other conditions of employment, the public employer of public
22employees who are court reporters, as defined in the Court
23Reporters Act, shall be determined as follows:
24        (1) For court reporters employed by the Cook County
25    Judicial Circuit, the chief judge of the Cook County
26    Circuit Court is the public employer and employer

 

 

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

 

 

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1Illinois Racing Board, and the Department of State Police Merit
2Board.
3    (r) "Supervisor" is:
4        (1) An an employee whose principal work is
5    substantially different from that of his or her
6    subordinates and who has authority, in the interest of the
7    employer, to hire, transfer, suspend, lay off, recall,
8    promote, discharge, direct, reward, or discipline
9    employees, to adjust their grievances, or to effectively
10    recommend any of those actions, if the exercise of that
11    authority is not of a merely routine or clerical nature,
12    but requires the consistent use of independent judgment.
13    Except with respect to police employment, the term
14    "supervisor" includes only those individuals who devote a
15    preponderance of their employment time to exercising that
16    authority, State supervisors notwithstanding. Nothing in
17    this definition prohibits an individual from also meeting
18    the definition of "managerial employee" under subsection
19    (j) of this Section. In addition, in determining
20    supervisory status in police employment, rank shall not be
21    determinative. The Board shall consider, as evidence of
22    bargaining unit inclusion or exclusion, the common law
23    enforcement policies and relationships between police
24    officer ranks and certification under applicable civil
25    service law, ordinances, personnel codes, or Division 2.1
26    of Article 10 of the Illinois Municipal Code, but these

 

 

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1    factors shall not be the sole or predominant factors
2    considered by the Board in determining police supervisory
3    status.
4        Notwithstanding the provisions of the preceding
5    paragraph, in determining supervisory status in fire
6    fighter employment, no fire fighter shall be excluded as a
7    supervisor who has established representation rights under
8    Section 9 of this Act. Further, in new fire fighter units,
9    employees shall consist of fire fighters of the rank of
10    company officer and below. If a company officer otherwise
11    qualifies as a supervisor under the preceding paragraph,
12    however, he or she shall not be included in the fire
13    fighter unit. If there is no rank between that of chief and
14    the highest company officer, the employer may designate a
15    position on each shift as a Shift Commander, and the
16    persons occupying those positions shall be supervisors.
17    All other ranks above that of company officer shall be
18    supervisors.
19        (2) With respect only to State employees in positions
20    under the jurisdiction of the Attorney General, Secretary
21    of State, Comptroller, or Treasurer (i) that were certified
22    in a bargaining unit on or after December 2, 2008, (ii) for
23    which a petition is filed with the Illinois Public Labor
24    Relations Board on or after the effective date of this
25    amendatory Act of the 97th General Assembly, or (iii) for
26    which a petition is pending before the Illinois Public

 

 

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1    Labor Relations Board on that date, an employee who
2    qualifies as a supervisor under (A) Section 152 of the
3    National Labor Relations Act and (B) orders of the National
4    Labor Relations Board interpreting that provision or
5    decisions of courts reviewing decisions of the National
6    Labor Relations Board.
7    (s) (1) "Unit" means a class of jobs or positions that are
8    held by employees whose collective interests may suitably
9    be represented by a labor organization for collective
10    bargaining. Except with respect to non-State fire fighters
11    and paramedics employed by fire departments and fire
12    protection districts, non-State peace officers, and peace
13    officers in the Department of State Police, a bargaining
14    unit determined by the Board shall not include both
15    employees and supervisors, or supervisors only, except as
16    provided in paragraph (2) of this subsection (s) and except
17    for bargaining units in existence on July 1, 1984 (the
18    effective date of this Act). With respect to non-State fire
19    fighters and paramedics employed by fire departments and
20    fire protection districts, non-State peace officers, and
21    peace officers in the Department of State Police, a
22    bargaining unit determined by the Board shall not include
23    both supervisors and nonsupervisors, or supervisors only,
24    except as provided in paragraph (2) of this subsection (s)
25    and except for bargaining units in existence on January 1,
26    1986 (the effective date of this amendatory Act of 1985). A

 

 

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

 

 

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1    22nd judicial circuits; and one unit shall be court
2    reporters employed by all other judicial circuits.
3    (t) "Active petition for certification in a bargaining
4unit" means a petition for certification filed with the Board
5under one of the following case numbers: S-RC-11-110;
6S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
7S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
8S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
9S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
10S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
11S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
12S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
13S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
14S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
15S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
16S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
17S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
18S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
19S-RC-07-100.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1257, eff. 7-23-10.)
 
21    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
22    Sec. 6. Right to organize and bargain collectively;
23exclusive representation; and fair share arrangements.
24    (a) Employees of the State and any political subdivision of
25the State, excluding employees of the General Assembly of the

 

 

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1State of Illinois and employees excluded from the definition of
2"public employee" under subsection (n) of Section 3 of this
3Act, have, and are protected in the exercise of, the right of
4self-organization, and may form, join or assist any labor
5organization, to bargain collectively through representatives
6of their own choosing on questions of wages, hours and other
7conditions of employment, not excluded by Section 4 of this
8Act, and to engage in other concerted activities not otherwise
9prohibited by law for the purposes of collective bargaining or
10other mutual aid or protection, free from interference,
11restraint or coercion. Employees also have, and are protected
12in the exercise of, the right to refrain from participating in
13any such concerted activities. Employees may be required,
14pursuant to the terms of a lawful fair share agreement, to pay
15a fee which shall be their proportionate share of the costs of
16the collective bargaining process, contract administration and
17pursuing matters affecting wages, hours and other conditions of
18employment as defined in Section 3(g).
19    (b) Nothing in this Act prevents an employee from
20presenting a grievance to the employer and having the grievance
21heard and settled without the intervention of an employee
22organization; provided that the exclusive bargaining
23representative is afforded the opportunity to be present at
24such conference and that any settlement made shall not be
25inconsistent with the terms of any agreement in effect between
26the employer and the exclusive bargaining representative.

 

 

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1    (c) A labor organization designated by the Board as the
2representative of the majority of public employees in an
3appropriate unit in accordance with the procedures herein or
4recognized by a public employer as the representative of the
5majority of public employees in an appropriate unit is the
6exclusive representative for the employees of such unit for the
7purpose of collective bargaining with respect to rates of pay,
8wages, hours and other conditions of employment not excluded by
9Section 4 of this Act. A public employer is required upon
10request to furnish the exclusive bargaining representative
11with a complete list of the names and addresses of the public
12employees in the bargaining unit, provided that a public
13employer shall not be required to furnish such a list more than
14once per payroll period. The exclusive bargaining
15representative shall use the list exclusively for bargaining
16representation purposes and shall not disclose any information
17contained in the list for any other purpose. Nothing in this
18Section, however, shall prohibit a bargaining representative
19from disseminating a list of its union members.
20    (d) Labor organizations recognized by a public employer as
21the exclusive representative or so designated in accordance
22with the provisions of this Act are responsible for
23representing the interests of all public employees in the unit.
24Nothing herein shall be construed to limit an exclusive
25representative's right to exercise its discretion to refuse to
26process grievances of employees that are unmeritorious.

 

 

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1    (e) When a collective bargaining agreement is entered into
2with an exclusive representative, it may include in the
3agreement a provision requiring employees covered by the
4agreement who are not members of the organization to pay their
5proportionate share of the costs of the collective bargaining
6process, contract administration and pursuing matters
7affecting wages, hours and conditions of employment, as defined
8in Section 3 (g), but not to exceed the amount of dues
9uniformly required of members. The organization shall certify
10to the employer the amount constituting each nonmember
11employee's proportionate share which shall not exceed dues
12uniformly required of members. In such case, the proportionate
13share payment in this Section shall be deducted by the employer
14from the earnings of the nonmember employees and paid to the
15employee organization.
16    (f) Only the exclusive representative may negotiate
17provisions in a collective bargaining agreement providing for
18the payroll deduction of labor organization dues, fair share
19payment, initiation fees and assessments. Except as provided in
20subsection (e) of this Section, any such deductions shall only
21be made upon an employee's written authorization, and continued
22until revoked in writing in the same manner or until the
23termination date of an applicable collective bargaining
24agreement. Such payments shall be paid to the exclusive
25representative.
26    Where a collective bargaining agreement is terminated, or

 

 

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1continues in effect beyond its scheduled expiration date
2pending the negotiation of a successor agreement or the
3resolution of an impasse under Section 14, the employer shall
4continue to honor and abide by any dues deduction or fair share
5clause contained therein until a new agreement is reached
6including dues deduction or a fair share clause. For the
7benefit of any successor exclusive representative certified
8under this Act, this provision shall be applicable, provided
9the successor exclusive representative:
10        (i) certifies to the employer the amount constituting
11    each non-member's proportionate share under subsection
12    (e); or
13        (ii) presents the employer with employee written
14    authorizations for the deduction of dues, assessments, and
15    fees under this subsection.
16    Failure to so honor and abide by dues deduction or fair
17share clauses for the benefit of any exclusive representative,
18including a successor, shall be a violation of the duty to
19bargain and an unfair labor practice.
20    (g) Agreements containing a fair share agreement must
21safeguard the right of nonassociation of employees based upon
22bona fide religious tenets or teachings of a church or
23religious body of which such employees are members. Such
24employees may be required to pay an amount equal to their fair
25share, determined under a lawful fair share agreement, to a
26nonreligious charitable organization mutually agreed upon by

 

 

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1the employees affected and the exclusive bargaining
2representative to which such employees would otherwise pay such
3service fee. If the affected employees and the bargaining
4representative are unable to reach an agreement on the matter,
5the Board may establish an approved list of charitable
6organizations to which such payments may be made.
7(Source: P.A. 93-854, eff. 1-1-05; 94-472, eff. 1-1-06.)
 
8    (5 ILCS 315/6.1 new)
9    Sec. 6.1. Gubernatorial designation of certain public
10employment positions as excluded from collective bargaining.
11    (a) Notwithstanding any provision of this Act to the
12contrary, the Governor is authorized to designate up to 3,580
13State employment positions collectively within State agencies
14directly responsible to the Governor, and, upon designation,
15those positions and employees in those positions, if any, are
16hereby excluded from the self-organization and collective
17bargaining provisions of Section 6 of this Act. Only those
18employment positions that have been certified in a bargaining
19unit on or after December 2, 2008, that have a pending petition
20for certification in a bargaining unit on the effective date of
21this amendatory Act of the 97th General Assembly, or that
22neither have been certified in a bargaining unit on or after
23December 2, 2008 nor have a pending petition for certification
24in a bargaining unit on the effective date of this amendatory
25Act of the 97th General Assembly are eligible to be designated

 

 

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1by the Governor under this Section. The Governor may not
2designate under this Section, however, more than 1,900
3employment positions that have been certified in a bargaining
4unit on or after December 2, 2008.
5    (b) In order to properly designate a State employment
6position under this Section, the Governor shall provide in
7writing to the Board: the job title and job duties of the
8employment position; the name of the State employee currently
9in the employment position, if any; the name of the State
10agency employing the public employee; and the category under
11which the position qualifies for designation under this
12Section.
13    To qualify for designation under this Section, the
14employment position must meet one or more of the following
15requirements:
16        (1) it must authorize an employee in that position to
17    act as a legislative liaison;
18        (2) it must have a title of, or authorize a person who
19    holds that position to exercise substantially similar
20    duties as an, Agency General Counsel, Agency Chief of
21    Staff, Agency Executive Director, Agency Deputy Director,
22    Agency Chief Fiscal Officer, Agency Human Resources
23    Director, Senior Public Service Administrator, Public
24    Information Officer, or Chief Information Officer;
25        (3) it must be a Rutan-exempt, as designated by the
26    employer, position and completely exempt from jurisdiction

 

 

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1    B of the Personnel Code;
2        (4) it must be a term appointed position pursuant to
3    Section 8b.18 or 8b.19 of the Personnel Code; or
4        (5) it must authorize an employee in that position to
5    have significant and independent discretionary authority
6    as an employee.
7    Within 60 days after the Governor makes a designation under
8this Section, the Board shall determine, in a manner that is
9consistent with the requirements of due process, whether the
10designation comports with the requirements of this Section.
11    (c) For the purposes of this Section, a person has
12significant and independent discretionary authority as an
13employee if he or she (i) is engaged in executive and
14management functions of a State agency and charged with the
15effectuation of management policies and practices of a State
16agency or represents management interests by taking or
17recommending discretionary actions that effectively control or
18implement the policy of a State agency or (ii) qualifies as a
19supervisor of a State agency as that term is defined under
20Section 152 of the National Labor Relations Act or any orders
21of the National Labor Relations Board interpreting that
22provision or decisions of courts reviewing decisions of the
23National Labor Relations Board.
24    (d) The Governor must exercise the authority afforded under
25this Section within 365 calendar days after the effective date
26of this amendatory Act of the 97th General Assembly. Any

 

 

SB1556 Enrolled- 28 -LRB097 09499 JDS 49636 b

1designation made by the Governor under this Section shall be
2presumed to have been properly made.
3    If the Governor chooses not to designate a position under
4this Section, then that decision does not preclude a State
5agency from otherwise challenging the certification of that
6position under this Act.
7    The qualifying categories set forth in paragraphs (1)
8through (5) of subsection (b) of this Section are operative and
9function solely within this Section and do not expand or
10restrict the scope of any other provision contained in this
11Act.
 
12    Section 95. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.