Illinois General Assembly - Full Text of HB0220
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Full Text of HB0220  102nd General Assembly

HB0220enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0220 EnrolledLRB102 04308 RJF 14326 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 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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1    (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3    (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8    (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State
12Police, means the labor organization that has been (i)
13designated by the Board as the representative of a majority of
14public employees in an appropriate bargaining unit in
15accordance with the procedures contained in this Act, (ii)
16historically recognized by the State of Illinois or any
17political subdivision of the State before July 1, 1984 (the
18effective date of this Act) as the exclusive representative of
19the employees in an appropriate bargaining unit, (iii) after
20July 1, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the
22labor organization has been designated as the exclusive
23representative by a majority of the employees in an
24appropriate bargaining unit; (iv) recognized as the exclusive
25representative of personal assistants under Executive Order
262003-8 prior to the effective date of this amendatory Act of

 

 

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1the 93rd General Assembly, and the organization shall be
2considered to be the exclusive representative of the personal
3assistants as defined in this Section; or (v) recognized as
4the exclusive representative of child and day care home
5providers, including licensed and license exempt providers,
6pursuant to an election held under Executive Order 2005-1
7prior to the effective date of this amendatory Act of the 94th
8General Assembly, and the organization shall be considered to
9be the exclusive representative of the child and day care home
10providers as defined in this Section.
11    With respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Department
14of State Police, "exclusive representative" means the labor
15organization that has been (i) designated by the Board as the
16representative of a majority of peace officers or fire
17fighters 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 January 1, 1986 (the effective
21date of this amendatory Act of 1985) as the exclusive
22representative by a majority of the peace officers or fire
23fighters in an appropriate bargaining unit, or (iii) after
24January 1, 1986 (the effective date of this amendatory Act of
251985) recognized by an employer upon evidence, acceptable to
26the Board, that the labor organization has been designated as

 

 

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1the exclusive representative by a majority of the peace
2officers or fire fighters in an appropriate bargaining unit.
3    Where a historical pattern of representation exists for
4the workers of a water system that was owned by a public
5utility, as defined in Section 3-105 of the Public Utilities
6Act, prior to becoming certified employees of a municipality
7or municipalities once the municipality or municipalities have
8acquired the water system as authorized in Section 11-124-5 of
9the Illinois Municipal Code, the Board shall find the labor
10organization that has historically represented the workers to
11be the exclusive representative under this Act, and shall find
12the unit represented by the exclusive representative to be the
13appropriate unit.
14    (g) "Fair share agreement" means an agreement between the
15employer and an employee organization under which all or any
16of the employees in a collective bargaining unit are required
17to pay their proportionate share of the costs of the
18collective bargaining process, contract administration, and
19pursuing matters affecting wages, hours, and other conditions
20of employment, but not to exceed the amount of dues uniformly
21required of members. The amount certified by the exclusive
22representative shall not include any fees for contributions
23related to the election or support of any candidate for
24political office. Nothing in this subsection (g) shall
25preclude an employee from making voluntary political
26contributions in conjunction with his or her fair share

 

 

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1payment.
2    (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, including paramedics
7employed by a unit of local government, except that the
8following persons are not included: part-time fire fighters,
9auxiliary, reserve or voluntary fire fighters, including paid
10on-call fire fighters, clerks and dispatchers or other
11civilian employees of a fire department or fire protection
12district who are not routinely expected to perform fire
13fighter duties, or elected officials.
14    (g-2) "General Assembly of the State of Illinois" means
15the legislative branch of the government of the State of
16Illinois, as provided for under Article IV of the Constitution
17of the State of Illinois, and includes but is not limited to
18the House of Representatives, the Senate, the Speaker of the
19House of Representatives, the Minority Leader of the House of
20Representatives, the President of the Senate, the Minority
21Leader of the Senate, the Joint Committee on Legislative
22Support Services and any legislative support services agency
23listed in the Legislative Commission Reorganization Act of
241984.
25    (h) "Governing body" means, in the case of the State, the
26State Panel of the Illinois Labor Relations Board, the

 

 

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1Director of the Department of Central Management Services, and
2the Director of the Department of Labor; the county board in
3the case of a county; the corporate authorities in the case of
4a municipality; and the appropriate body authorized to provide
5for expenditures of its funds in the case of any other unit of
6government.
7    (i) "Labor organization" means any organization in which
8public employees participate and that exists for the purpose,
9in whole or in part, of dealing with a public employer
10concerning wages, hours, and other terms and conditions of
11employment, including the settlement of grievances.
12    (i-5) "Legislative liaison" means a person who is an
13employee of a State agency, the Attorney General, the
14Secretary of State, the Comptroller, or the Treasurer, as the
15case may be, and whose job duties require the person to
16regularly communicate in the course of his or her employment
17with any official or staff of the General Assembly of the State
18of Illinois for the purpose of influencing any legislative
19action.
20    (j) "Managerial employee" means an individual who is
21engaged predominantly in executive and management functions
22and is charged with the responsibility of directing the
23effectuation of management policies and practices. With
24respect only to State employees in positions under the
25jurisdiction of the Attorney General, Secretary of State,
26Comptroller, or Treasurer (i) that were certified in a

 

 

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1bargaining unit on or after December 2, 2008, (ii) for which a
2petition is filed with the Illinois Public Labor Relations
3Board on or after April 5, 2013 (the effective date of Public
4Act 97-1172), or (iii) for which a petition is pending before
5the Illinois Public Labor Relations Board on that date,
6"managerial employee" means an individual who is engaged in
7executive and management functions or who is charged with the
8effectuation of management policies and practices or who
9represents management interests by taking or recommending
10discretionary actions that effectively control or implement
11policy. Nothing in this definition prohibits an individual
12from also meeting the definition of "supervisor" under
13subsection (r) of this Section.
14    (k) "Peace officer" means, for the purposes of this Act
15only, any persons who have been or are hereafter appointed to a
16police force, department, or agency and sworn or commissioned
17to perform police duties, except that the following persons
18are not included: part-time police officers, special police
19officers, auxiliary police as defined by Section 3.1-30-20 of
20the Illinois Municipal Code, night watchmen, "merchant
21police", court security officers as defined by Section
223-6012.1 of the Counties Code, temporary employees, traffic
23guards or wardens, civilian parking meter and parking
24facilities personnel or other individuals specially appointed
25to aid or direct traffic at or near schools or public functions
26or to aid in civil defense or disaster, parking enforcement

 

 

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1employees who are not commissioned as peace officers and who
2are not armed and who are not routinely expected to effect
3arrests, parking lot attendants, clerks and dispatchers or
4other civilian employees of a police department who are not
5routinely expected to effect arrests, or elected officials.
6    (l) "Person" includes one or more individuals, labor
7organizations, public employees, associations, corporations,
8legal representatives, trustees, trustees in bankruptcy,
9receivers, or the State of Illinois or any political
10subdivision of the State or governing body, but does not
11include the General Assembly of the State of Illinois or any
12individual employed by the General Assembly of the State of
13Illinois.
14    (m) "Professional employee" means any employee engaged in
15work predominantly intellectual and varied in character rather
16than routine mental, manual, mechanical or physical work;
17involving the consistent exercise of discretion and adjustment
18in its performance; of such a character that the output
19produced or the result accomplished cannot be standardized in
20relation to a given period of time; and requiring advanced
21knowledge in a field of science or learning customarily
22acquired by a prolonged course of specialized intellectual
23instruction and study in an institution of higher learning or
24a hospital, as distinguished from a general academic education
25or from apprenticeship or from training in the performance of
26routine mental, manual, or physical processes; or any employee

 

 

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1who has completed the courses of specialized intellectual
2instruction and study prescribed in this subsection (m) and is
3performing related work under the supervision of a
4professional person to qualify to become a professional
5employee as defined in this subsection (m).
6    (n) "Public employee" or "employee", for the purposes of
7this Act, means any individual employed by a public employer,
8including (i) interns and residents at public hospitals, (ii)
9as of the effective date of this amendatory Act of the 93rd
10General Assembly, but not before, personal assistants working
11under the Home Services Program under Section 3 of the
12Rehabilitation of Persons with Disabilities Act, subject to
13the limitations set forth in this Act and in the
14Rehabilitation of Persons with Disabilities Act, (iii) as of
15the effective date of this amendatory Act of the 94th General
16Assembly, but not before, child and day care home providers
17participating in the child care assistance program under
18Section 9A-11 of the Illinois Public Aid Code, subject to the
19limitations set forth in this Act and in Section 9A-11 of the
20Illinois Public Aid Code, (iv) as of January 29, 2013 (the
21effective date of Public Act 97-1158), but not before except
22as otherwise provided in this subsection (n), home care and
23home health workers who function as personal assistants and
24individual maintenance home health workers and who also work
25under the Home Services Program under Section 3 of the
26Rehabilitation of Persons with Disabilities Act, no matter

 

 

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1whether the State provides those services through direct
2fee-for-service arrangements, with the assistance of a managed
3care organization or other intermediary, or otherwise, (v)
4beginning on the effective date of this amendatory Act of the
598th General Assembly and notwithstanding any other provision
6of this Act, any person employed by a public employer and who
7is classified as or who holds the employment title of Chief
8Stationary Engineer, Assistant Chief Stationary Engineer,
9Sewage Plant Operator, Water Plant Operator, Stationary
10Engineer, Plant Operating Engineer, and any other employee who
11holds the position of: Civil Engineer V, Civil Engineer VI,
12Civil Engineer VII, Technical Manager I, Technical Manager II,
13Technical Manager III, Technical Manager IV, Technical Manager
14V, Technical Manager VI, Realty Specialist III, Realty
15Specialist IV, Realty Specialist V, Technical Advisor I,
16Technical Advisor II, Technical Advisor III, Technical Advisor
17IV, or Technical Advisor V employed by the Department of
18Transportation who is in a position which is certified in a
19bargaining unit on or before the effective date of this
20amendatory Act of the 98th General Assembly, and (vi)
21beginning on the effective date of this amendatory Act of the
2298th General Assembly and notwithstanding any other provision
23of this Act, any mental health administrator in the Department
24of Corrections who is classified as or who holds the position
25of Public Service Administrator (Option 8K), any employee of
26the Office of the Inspector General in the Department of Human

 

 

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1Services who is classified as or who holds the position of
2Public Service Administrator (Option 7), any Deputy of
3Intelligence in the Department of Corrections who is
4classified as or who holds the position of Public Service
5Administrator (Option 7), and any employee of the Department
6of State Police who handles issues concerning the Illinois
7State Police Sex Offender Registry and who is classified as or
8holds the position of Public Service Administrator (Option 7),
9but excluding all of the following: employees of the General
10Assembly of the State of Illinois; elected officials;
11executive heads of a department; members of boards or
12commissions; the Executive Inspectors General; any special
13Executive Inspectors General; employees of each Office of an
14Executive Inspector General; commissioners and employees of
15the Executive Ethics Commission; the Auditor General's
16Inspector General; employees of the Office of the Auditor
17General's Inspector General; the Legislative Inspector
18General; any special Legislative Inspectors General; employees
19of the Office of the Legislative Inspector General;
20commissioners and employees of the Legislative Ethics
21Commission; employees of any agency, board or commission
22created by this Act; employees appointed to State positions of
23a temporary or emergency nature; all employees of school
24districts and higher education institutions except
25firefighters and peace officers employed by a state university
26and except peace officers employed by a school district in its

 

 

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1own police department in existence on the effective date of
2this amendatory Act of the 96th General Assembly; managerial
3employees; short-term employees; legislative liaisons; a
4person who is a State employee under the jurisdiction of the
5Office of the Attorney General who is licensed to practice law
6or whose position authorizes, either directly or indirectly,
7meaningful input into government decision-making on issues
8where there is room for principled disagreement on goals or
9their implementation; a person who is a State employee under
10the jurisdiction of the Office of the Comptroller who holds
11the position of Public Service Administrator or whose position
12is otherwise exempt under the Comptroller Merit Employment
13Code; a person who is a State employee under the jurisdiction
14of the Secretary of State who holds the position
15classification of Executive I or higher, whose position
16authorizes, either directly or indirectly, meaningful input
17into government decision-making on issues where there is room
18for principled disagreement on goals or their implementation,
19or who is otherwise exempt under the Secretary of State Merit
20Employment Code; employees in the Office of the Secretary of
21State who are completely exempt from jurisdiction B of the
22Secretary of State Merit Employment Code and who are in
23Rutan-exempt positions on or after April 5, 2013 (the
24effective date of Public Act 97-1172); a person who is a State
25employee under the jurisdiction of the Treasurer who holds a
26position that is exempt from the State Treasurer Employment

 

 

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1Code; any employee of a State agency who (i) holds the title or
2position of, or exercises substantially similar duties as a
3legislative liaison, Agency General Counsel, Agency Chief of
4Staff, Agency Executive Director, Agency Deputy Director,
5Agency Chief Fiscal Officer, Agency Human Resources Director,
6Public Information Officer, or Chief Information Officer and
7(ii) was neither included in a bargaining unit nor subject to
8an active petition for certification in a bargaining unit; any
9employee of a State agency who (i) is in a position that is
10Rutan-exempt, as designated by the employer, and completely
11exempt from jurisdiction B of the Personnel Code and (ii) was
12neither included in a bargaining unit nor subject to an active
13petition for certification in a bargaining unit; any term
14appointed employee of a State agency pursuant to Section 8b.18
15or 8b.19 of the Personnel Code who was neither included in a
16bargaining unit nor subject to an active petition for
17certification in a bargaining unit; any employment position
18properly designated pursuant to Section 6.1 of this Act;
19confidential employees; independent contractors; and
20supervisors except as provided in this Act.
21    Home care and home health workers who function as personal
22assistants and individual maintenance home health workers and
23who also work under the Home Services Program under Section 3
24of the Rehabilitation of Persons with Disabilities Act shall
25not be considered public employees for any purposes not
26specifically provided for in Public Act 93-204 or Public Act

 

 

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197-1158, including but not limited to, purposes of vicarious
2liability in tort and purposes of statutory retirement or
3health insurance benefits. Home care and home health workers
4who function as personal assistants and individual maintenance
5home health workers and who also work under the Home Services
6Program under Section 3 of the Rehabilitation of Persons with
7Disabilities Act shall not be covered by the State Employees
8Group Insurance Act of 1971 (5 ILCS 375/).
9    Child and day care home providers shall not be considered
10public employees for any purposes not specifically provided
11for in this amendatory Act of the 94th General Assembly,
12including but not limited to, purposes of vicarious liability
13in tort and purposes of statutory retirement or health
14insurance benefits. Child and day care home providers shall
15not be covered by the State Employees Group Insurance Act of
161971.
17    Notwithstanding Section 9, subsection (c), or any other
18provisions of this Act, all peace officers above the rank of
19captain in municipalities with more than 1,000,000 inhabitants
20shall be excluded from this Act.
21    (o) Except as otherwise in subsection (o-5), "public
22employer" or "employer" means the State of Illinois; any
23political subdivision of the State, unit of local government
24or school district; authorities including departments,
25divisions, bureaus, boards, commissions, or other agencies of
26the foregoing entities; and any person acting within the scope

 

 

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

 

 

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1for in Public Act 93-204 or Public Act 97-1158, including but
2not limited to, purposes of vicarious liability in tort and
3purposes of statutory retirement or health insurance benefits.
4Home care and home health workers who function as personal
5assistants and individual maintenance home health workers and
6who also work under the Home Services Program under Section 3
7of the Rehabilitation of Persons with Disabilities Act shall
8not be covered by the State Employees Group Insurance Act of
91971 (5 ILCS 375/). As of the effective date of this amendatory
10Act of the 94th General Assembly but not before, the State of
11Illinois shall be considered the employer of the day and child
12care home providers participating in the child care assistance
13program under Section 9A-11 of the Illinois Public Aid Code,
14subject to the limitations set forth in this Act and in Section
159A-11 of the Illinois Public Aid Code. The State shall not be
16considered to be the employer of child and day care home
17providers for any purposes not specifically provided for in
18this amendatory Act of the 94th General Assembly, including
19but not limited to, purposes of vicarious liability in tort
20and purposes of statutory retirement or health insurance
21benefits. Child and day care home providers shall not be
22covered by the State Employees 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
9its employment of firefighters and peace officers and except
10with respect to a school district in the employment of peace
11officers in its own police department in existence on the
12effective date of this amendatory Act of the 96th General
13Assembly. County boards and county sheriffs shall be
14designated as joint or co-employers of county peace officers
15appointed under the authority of a county sheriff. Nothing in
16this subsection (o) shall be construed to prevent the State
17Panel or the Local Panel from determining that employers are
18joint or co-employers.
19    (o-5) With respect to wages, fringe benefits, hours,
20holidays, vacations, proficiency examinations, sick leave, and
21other conditions of employment, the public employer of public
22employees who are court reporters, as defined in the Court
23Reporters Act, shall be determined as follows:
24        (1) For court reporters employed by the Cook County
25    Judicial Circuit, the chief judge of the Cook County
26    Circuit Court is the public employer and employer

 

 

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

 

 

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1Illinois Racing Board, and the Department of State Police
2Merit Board.
3    (r) "Supervisor" is:
4        (1) An employee whose principal work is substantially
5    different from that of his or her subordinates and who has
6    authority, in the interest of the employer, to hire,
7    transfer, suspend, lay off, recall, promote, discharge,
8    direct, reward, or discipline employees, to adjust their
9    grievances, or to effectively recommend any of those
10    actions, if the exercise of that authority is not of a
11    merely routine or clerical nature, but requires the
12    consistent use of independent judgment. Except with
13    respect to police employment, the term "supervisor"
14    includes only those individuals who devote a preponderance
15    of their employment time to exercising that authority,
16    State supervisors notwithstanding. Nothing in this
17    definition prohibits an individual from also meeting the
18    definition of "managerial employee" under subsection (j)
19    of this Section. In addition, in determining supervisory
20    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 highest
10    rank of company officer and below. A company officer may
11    be responsible for multiple companies or apparatus on a
12    shift, multiple stations, or an entire shift. There may be
13    more than one company officer per shift. If a company
14    officer otherwise qualifies as a supervisor under the
15    preceding paragraph, however, he or she shall not be
16    included in the fire fighter unit. If there is no rank
17    between that of chief and the highest company officer, the
18    employer may designate a position on each shift as a Shift
19    Commander, and the persons occupying those positions shall
20    be supervisors. All other ranks above that of the highest
21    company officer shall be supervisors.
22        (2) With respect only to State employees in positions
23    under the jurisdiction of the Attorney General, Secretary
24    of State, Comptroller, or Treasurer (i) that were
25    certified in a bargaining unit on or after December 2,
26    2008, (ii) for which a petition is filed with the Illinois

 

 

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1    Public Labor Relations Board on or after April 5, 2013
2    (the effective date of Public Act 97-1172), or (iii) for
3    which a petition is pending before the Illinois Public
4    Labor Relations Board on that date, an employee who
5    qualifies as a supervisor under (A) Section 152 of the
6    National Labor Relations Act and (B) orders of the
7    National Labor Relations Board interpreting that provision
8    or decisions of courts reviewing decisions of the National
9    Labor Relations Board.
10    (s)(1) "Unit" means a class of jobs or positions that are
11held by employees whose collective interests may suitably be
12represented by a labor organization for collective bargaining.
13Except 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, a bargaining unit determined by the Board
17shall not include both employees and supervisors, or
18supervisors only, except as provided in paragraph (2) of this
19subsection (s) and except for bargaining units in existence on
20July 1, 1984 (the effective date of this Act). With respect to
21non-State fire fighters and paramedics employed by fire
22departments and fire protection districts, non-State peace
23officers, and peace officers in the Department of State
24Police, a bargaining unit determined by the Board shall not
25include both supervisors and nonsupervisors, or supervisors
26only, except as provided in paragraph (2) of this subsection

 

 

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1(s) and except for bargaining units in existence on January 1,
21986 (the effective date of this amendatory Act of 1985). A
3bargaining unit determined by the Board to contain peace
4officers shall contain no employees other than peace officers
5unless otherwise agreed to by the employer and the labor
6organization or labor organizations involved. Notwithstanding
7any other provision of this Act, a bargaining unit, including
8a historical bargaining unit, containing sworn peace officers
9of the Department of Natural Resources (formerly designated
10the Department of Conservation) shall contain no employees
11other than such sworn peace officers upon the effective date
12of this amendatory Act of 1990 or upon the expiration date of
13any collective bargaining agreement in effect upon the
14effective date of this amendatory Act of 1990 covering both
15such sworn peace officers and other employees.
16    (2) Notwithstanding the exclusion of supervisors from
17bargaining units as provided in paragraph (1) of this
18subsection (s), a public employer may agree to permit its
19supervisory employees to form bargaining units and may bargain
20with those units. This Act shall apply if the public employer
21chooses to bargain under this subsection.
22    (3) Public employees who are court reporters, as defined
23in the Court Reporters Act, shall be divided into 3 units for
24collective bargaining purposes. One unit shall be court
25reporters employed by the Cook County Judicial Circuit; one
26unit shall be court reporters employed by the 12th, 18th,

 

 

HB0220 Enrolled- 23 -LRB102 04308 RJF 14326 b

119th, and, on and after December 4, 2006, the 22nd judicial
2circuits; and one unit shall be court reporters employed by
3all other judicial circuits.
4    (t) "Active petition for certification in a bargaining
5unit" means a petition for certification filed with the Board
6under one of the following case numbers: S-RC-11-110;
7S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
8S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
9S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
10S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
11S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
12S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
13S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
14S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
15S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
16S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
17S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
18S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
19S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
20S-RC-07-100.
21(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)