Illinois General Assembly - Full Text of SB2458
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Full Text of SB2458  102nd General Assembly

SB2458 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2458

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/3  from Ch. 48, par. 1603
5 ILCS 315/6  from Ch. 48, par. 1606

    Amends the Illinois Public Labor Relations Act. Provides for the right to organize and bargain collectively for legislative assistants of the General Assembly as public employees under the Act. Makes conforming changes.


LRB102 16496 RJF 21889 b

 

 

A BILL FOR

 

SB2458LRB102 16496 RJF 21889 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 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

 

 

SB2458- 4 -LRB102 16496 RJF 21889 b

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

 

 

SB2458- 8 -LRB102 16496 RJF 21889 b

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

 

 

SB2458- 11 -LRB102 16496 RJF 21889 b

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),
9and (vii) beginning on the effective date of this amendatory
10Act of the 102nd General Assembly, legislative assistants
11employed by members of the General Assembly under Section 4 of
12the General Assembly Compensation Act.
13    "Public employee" or "employee" does not include but
14excluding all of the following: employees of the General
15Assembly of the State of Illinois, other than legislative
16assistants; elected officials; executive heads of a
17department; members of boards or commissions; the Executive
18Inspectors General; any special Executive Inspectors General;
19employees of each Office of an Executive Inspector General;
20commissioners and employees of the Executive Ethics
21Commission; the Auditor General's Inspector General; employees
22of the Office of the Auditor General's Inspector General; the
23Legislative Inspector General; any special Legislative
24Inspectors General; employees of the Office of the Legislative
25Inspector General; commissioners and employees of the
26Legislative Ethics Commission; employees of any agency, board

 

 

SB2458- 12 -LRB102 16496 RJF 21889 b

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

 

 

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1from jurisdiction B of the Secretary of State Merit Employment
2Code and who are in Rutan-exempt positions on or after April 5,
32013 (the effective date of Public Act 97-1172); a person who
4is a State employee under the jurisdiction of the Treasurer
5who holds a position that is exempt from the State Treasurer
6Employment Code; any employee of a State agency who (i) holds
7the title or position of, or exercises substantially similar
8duties as a legislative liaison, Agency General Counsel,
9Agency Chief of Staff, Agency Executive Director, Agency
10Deputy Director, Agency Chief Fiscal Officer, Agency Human
11Resources Director, Public Information Officer, or Chief
12Information Officer and (ii) was neither included in a
13bargaining unit nor subject to an active petition for
14certification in a bargaining unit; any employee of a State
15agency who (i) is in a position that is Rutan-exempt, as
16designated by the employer, and completely exempt from
17jurisdiction B of the Personnel Code and (ii) was neither
18included in a bargaining unit nor subject to an active
19petition for certification in a bargaining unit; any term
20appointed employee of a State agency pursuant to Section 8b.18
21or 8b.19 of the Personnel Code who was neither included in a
22bargaining unit nor subject to an active petition for
23certification in a bargaining unit; any employment position
24properly designated pursuant to Section 6.1 of this Act;
25confidential employees; independent contractors; and
26supervisors except as provided in this Act.

 

 

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1    Home care and home health workers who function as personal
2assistants and individual maintenance home health workers and
3who also work under the Home Services Program under Section 3
4of the Rehabilitation of Persons with Disabilities Act shall
5not be considered public employees for any purposes not
6specifically provided for in Public Act 93-204 or Public Act
797-1158, including but not limited to, purposes of vicarious
8liability in tort and purposes of statutory retirement or
9health insurance benefits. Home care and home health workers
10who function as personal assistants and individual maintenance
11home health workers and who also work under the Home Services
12Program under Section 3 of the Rehabilitation of Persons with
13Disabilities Act shall not be covered by the State Employees
14Group Insurance Act of 1971 (5 ILCS 375/).
15    Child and day care home providers shall not be considered
16public employees for any purposes not specifically provided
17for in this amendatory Act of the 94th General Assembly,
18including but not limited to, purposes of vicarious liability
19in tort and purposes of statutory retirement or health
20insurance benefits. Child and day care home providers shall
21not be covered by the State Employees Group Insurance Act of
221971.
23    Notwithstanding Section 9, subsection (c), or any other
24provisions of this Act, all peace officers above the rank of
25captain in municipalities with more than 1,000,000 inhabitants
26shall be excluded from this Act.

 

 

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

 

 

SB2458- 16 -LRB102 16496 RJF 21889 b

1Disabilities Act. The State shall not be considered to be the
2employer of home care and home health workers who function as
3personal assistants and individual maintenance home health
4workers and who also work under the Home Services Program
5under Section 3 of the Rehabilitation of Persons with
6Disabilities Act, for any purposes not specifically provided
7for in Public Act 93-204 or Public Act 97-1158, including but
8not limited to, purposes of vicarious liability in tort and
9purposes of statutory retirement or health insurance benefits.
10Home care and home health workers who function as personal
11assistants and individual maintenance home health workers and
12who also work under the Home Services Program under Section 3
13of the Rehabilitation of Persons with Disabilities Act shall
14not be covered by the State Employees Group Insurance Act of
151971 (5 ILCS 375/). As of the effective date of this amendatory
16Act of the 94th General Assembly but not before, the State of
17Illinois shall be considered the employer of the day and child
18care home providers participating in the child care assistance
19program under Section 9A-11 of the Illinois Public Aid Code,
20subject to the limitations set forth in this Act and in Section
219A-11 of the Illinois Public Aid Code. The State shall not be
22considered to be the employer of child and day care home
23providers for any purposes not specifically provided for in
24this amendatory Act of the 94th General Assembly, including
25but not limited to, purposes of vicarious liability in tort
26and purposes of statutory retirement or health insurance

 

 

SB2458- 17 -LRB102 16496 RJF 21889 b

1benefits. Child and day care home providers shall not be
2covered by the State Employees Group Insurance Act of 1971.
3    For the purposes of collective bargaining under this Act,
4the State of Illinois shall be considered the public employer
5of legislative assistants employed by members of the General
6Assembly under Section 4 of the General Assembly Compensation
7Act.
8    "Public employer" or "employer" as used in this Act,
9however, does not mean and shall not include the General
10Assembly of the State of Illinois, the Executive Ethics
11Commission, the Offices of the Executive Inspectors General,
12the Legislative Ethics Commission, the Office of the
13Legislative Inspector General, the Office of the Auditor
14General's Inspector General, the Office of the Governor, the
15Governor's Office of Management and Budget, the Illinois
16Finance Authority, the Office of the Lieutenant Governor, the
17State Board of Elections, and educational employers or
18employers as defined in the Illinois Educational Labor
19Relations Act, except with respect to a state university in
20its employment of firefighters and peace officers and except
21with respect to a school district in the employment of peace
22officers in its own police department in existence on the
23effective date of this amendatory Act of the 96th General
24Assembly. County boards and county sheriffs shall be
25designated as joint or co-employers of county peace officers
26appointed under the authority of a county sheriff. Nothing in

 

 

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

 

 

SB2458- 19 -LRB102 16496 RJF 21889 b

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

 

 

SB2458- 20 -LRB102 16496 RJF 21889 b

1    State supervisors notwithstanding. Nothing in this
2    definition prohibits an individual from also meeting the
3    definition of "managerial employee" under subsection (j)
4    of this Section. In addition, in determining supervisory
5    status in police employment, rank shall not be
6    determinative. The Board shall consider, as evidence of
7    bargaining unit inclusion or exclusion, the common law
8    enforcement policies and relationships between police
9    officer ranks and certification under applicable civil
10    service law, ordinances, personnel codes, or Division 2.1
11    of Article 10 of the Illinois Municipal Code, but these
12    factors shall not be the sole or predominant factors
13    considered by the Board in determining police supervisory
14    status.
15        Notwithstanding the provisions of the preceding
16    paragraph, in determining supervisory status in fire
17    fighter employment, no fire fighter shall be excluded as a
18    supervisor who has established representation rights under
19    Section 9 of this Act. Further, in new fire fighter units,
20    employees shall consist of fire fighters of the rank of
21    company officer and below. If a company officer otherwise
22    qualifies as a supervisor under the preceding paragraph,
23    however, he or she shall not be included in the fire
24    fighter unit. If there is no rank between that of chief and
25    the highest company officer, the employer may designate a
26    position on each shift as a Shift Commander, and the

 

 

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

 

 

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1subsection (s) and except for bargaining units in existence on
2July 1, 1984 (the effective date of this Act). With respect to
3non-State fire fighters and paramedics employed by fire
4departments and fire protection districts, non-State peace
5officers, and peace officers in the Department of State
6Police, a bargaining unit determined by the Board shall not
7include both supervisors and nonsupervisors, or supervisors
8only, except as provided in paragraph (2) of this subsection
9(s) and except for bargaining units in existence on January 1,
101986 (the effective date of this amendatory Act of 1985). A
11bargaining unit determined by the Board to contain peace
12officers shall contain no employees other than peace officers
13unless otherwise agreed to by the employer and the labor
14organization or labor organizations involved. Notwithstanding
15any other provision of this Act, a bargaining unit, including
16a historical bargaining unit, containing sworn peace officers
17of the Department of Natural Resources (formerly designated
18the Department of Conservation) shall contain no employees
19other than such sworn peace officers upon the effective date
20of this amendatory Act of 1990 or upon the expiration date of
21any collective bargaining agreement in effect upon the
22effective date of this amendatory Act of 1990 covering both
23such sworn peace officers and other employees.
24    (2) Notwithstanding the exclusion of supervisors from
25bargaining units as provided in paragraph (1) of this
26subsection (s), a public employer may agree to permit its

 

 

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1supervisory employees to form bargaining units and may bargain
2with those units. This Act shall apply if the public employer
3chooses to bargain under this subsection.
4    (3) Public employees who are court reporters, as defined
5in the Court Reporters Act, shall be divided into 3 units for
6collective bargaining purposes. One unit shall be court
7reporters employed by the Cook County Judicial Circuit; one
8unit shall be court reporters employed by the 12th, 18th,
919th, and, on and after December 4, 2006, the 22nd judicial
10circuits; and one unit shall be court reporters employed by
11all other judicial circuits.
12    (t) "Active petition for certification in a bargaining
13unit" means a petition for certification filed with the Board
14under one of the following case numbers: S-RC-11-110;
15S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
16S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
17S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
18S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
19S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
20S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
21S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
22S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
23S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
24S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
25S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
26S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

 

 

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1S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
2S-RC-07-100.
3(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
4    (5 ILCS 315/6)  (from Ch. 48, par. 1606)
5    Sec. 6. Right to organize and bargain collectively;
6exclusive representation; and fair share arrangements.
7    (a) Employees of the State and any political subdivision
8of the State, excluding employees of the General Assembly of
9the State of Illinois, other than legislative assistants, and
10employees excluded from the definition of "public employee"
11under subsection (n) of Section 3 of this Act, have, and are
12protected in the exercise of, the right of self-organization,
13and may form, join or assist any labor organization, to
14bargain collectively through representatives of their own
15choosing on questions of wages, hours and other conditions of
16employment, not excluded by Section 4 of this Act, and to
17engage in other concerted activities not otherwise prohibited
18by law for the purposes of collective bargaining or other
19mutual aid or protection, free from interference, restraint or
20coercion. Employees also have, and are protected in the
21exercise of, the right to refrain from participating in any
22such concerted activities. Employees may be required, pursuant
23to the terms of a lawful fair share agreement, to pay a fee
24which shall be their proportionate share of the costs of the
25collective bargaining process, contract administration and

 

 

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1pursuing matters affecting wages, hours and other conditions
2of employment as defined in Section 3(g).
3    (b) Nothing in this Act prevents an employee from
4presenting a grievance to the employer and having the
5grievance heard and settled without the intervention of an
6employee organization; provided that the exclusive bargaining
7representative is afforded the opportunity to be present at
8such conference and that any settlement made shall not be
9inconsistent with the terms of any agreement in effect between
10the employer and the exclusive bargaining representative.
11    (c) A labor organization designated by the Board as the
12representative of the majority of public employees in an
13appropriate unit in accordance with the procedures herein or
14recognized by a public employer as the representative of the
15majority of public employees in an appropriate unit is the
16exclusive representative for the employees of such unit for
17the purpose of collective bargaining with respect to rates of
18pay, wages, hours and other conditions of employment not
19excluded by Section 4 of this Act. Unless otherwise mutually
20agreed, a public employer is required at least once each month
21and upon request, to furnish the exclusive bargaining
22representative with a complete list of the names and addresses
23of the public employees in the bargaining unit, provided that
24a public employer shall not be required to furnish such a list
25more than once per payroll period. The exclusive bargaining
26representative shall use the list exclusively for bargaining

 

 

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1representation purposes and shall not disclose any information
2contained in the list for any other purpose. Nothing in this
3Section, however, shall prohibit a bargaining representative
4from disseminating a list of its union members.
5    At the time the public employer provides such list, it
6shall also provide to the exclusive representative, in an
7Excel file or other mutually agreed upon editable digital file
8format, the employee's job title, worksite location, work
9telephone numbers, identification number if available, and any
10home and personal cellular telephone numbers on file with the
11employer, date of hire, work email address, and any personal
12email address on file with the employer. In addition, unless
13otherwise mutually agreed, within 10 calendar days from the
14date of hire of a bargaining unit employee, the public
15employer shall provide to the exclusive representative, in an
16electronic file or other mutually agreed upon format, the
17following information about the new employee: the employee's
18name, job title, worksite location, home address, work
19telephone numbers, and any home and personal cellular
20telephone numbers on file with the employer, date of hire,
21work email address, and any personal email address on file
22with the employer.
23    (c-5) No employer shall disclose the following information
24of any employee: (1) the employee's home address (including
25ZIP code and county); (2) the employee's date of birth; (3) the
26employee's home and personal phone number; (4) the employee's

 

 

SB2458- 27 -LRB102 16496 RJF 21889 b

1personal email address; (5) any information personally
2identifying employee membership or membership status in a
3labor organization or other voluntary association affiliated
4with a labor organization or a labor federation (including
5whether employees are members of such organization, the
6identity of such organization, whether or not employees pay or
7authorize the payment of any dues or moneys to such
8organization, and the amounts of such dues or moneys); and (6)
9emails or other communications between a labor organization
10and its members.
11    As soon as practicable after receiving a request for any
12information prohibited from disclosure under this subsection
13(c-5), excluding a request from the exclusive bargaining
14representative of the employee, the employer must provide a
15written copy of the request, or a written summary of any oral
16request, to the exclusive bargaining representative of the
17employee or, if no such representative exists, to the
18employee. The employer must also provide a copy of any
19response it has made within 5 business days of sending the
20response to any request.
21    If an employer discloses information in violation of this
22subsection (c-5), an aggrieved employee of the employer or his
23or her exclusive bargaining representative may file an unfair
24labor practice charge with the Illinois Labor Relations Board
25pursuant to Section 10 of this Act or commence an action in the
26circuit court to enforce the provisions of this Act, including

 

 

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1actions to compel compliance, if an employer willfully and
2wantonly discloses information in violation of this
3subsection. The circuit court for the county in which the
4complainant resides, in which the complainant is employed, or
5in which the employer is located shall have jurisdiction in
6this matter.
7    This subsection does not apply to disclosures (i) required
8under the Freedom of Information Act, (ii) for purposes of
9conducting public operations or business, or (iii) to the
10exclusive representative.
11    (c-10) Employers shall provide to exclusive
12representatives, including their agents and employees,
13reasonable access to employees in the bargaining units they
14represent. This access shall at all times be conducted in a
15manner so as not to impede normal operations.
16        (1) Access includes the following:
17            (A) the right to meet with one or more employees on
18        the employer's premises during the work day to
19        investigate and discuss grievances and
20        workplace-related complaints without charge to pay or
21        leave time of employees or agents of the exclusive
22        representative;
23            (B) the right to conduct worksite meetings during
24        lunch and other non-work breaks, and before and after
25        the workday, on the employer's premises to discuss
26        collective bargaining negotiations, the administration

 

 

SB2458- 29 -LRB102 16496 RJF 21889 b

1        of collective bargaining agreements, other matters
2        related to the duties of the exclusive representative,
3        and internal matters involving the governance or
4        business of the exclusive representative, without
5        charge to pay or leave time of employees or agents of
6        the exclusive representative;
7            (C) the right to meet with newly hired employees,
8        without charge to pay or leave time of the employees or
9        agents of the exclusive representative, on the
10        employer's premises or at a location mutually agreed
11        to by the employer and exclusive representative for up
12        to one hour either within the first two weeks of
13        employment in the bargaining unit or at a later date
14        and time if mutually agreed upon by the employer and
15        the exclusive representative; and
16            (D) the right to use the facility mailboxes and
17        bulletin boards of the employer to communicate with
18        bargaining unit employees regarding collective
19        bargaining negotiations, the administration of the
20        collective bargaining agreements, the investigation of
21        grievances, other workplace-related complaints and
22        issues, and internal matters involving the governance
23        or business of the exclusive representative.
24        (2) Nothing in this Section shall prohibit an employer
25    and exclusive representative from agreeing in a collective
26    bargaining agreement to provide the exclusive

 

 

SB2458- 30 -LRB102 16496 RJF 21889 b

1    representative greater access to bargaining unit
2    employees, including through the use of the employer's
3    email system.
4    (d) Labor organizations recognized by a public employer as
5the exclusive representative or so designated in accordance
6with the provisions of this Act are responsible for
7representing the interests of all public employees in the
8unit. Nothing herein shall be construed to limit an exclusive
9representative's right to exercise its discretion to refuse to
10process grievances of employees that are unmeritorious.
11    (e) When a collective bargaining agreement is entered into
12with an exclusive representative, it may include in the
13agreement a provision requiring employees covered by the
14agreement who are not members of the organization to pay their
15proportionate share of the costs of the collective bargaining
16process, contract administration and pursuing matters
17affecting wages, hours and conditions of employment, as
18defined in Section 3 (g), but not to exceed the amount of dues
19uniformly required of members. The organization shall certify
20to the employer the amount constituting each nonmember
21employee's proportionate share which shall not exceed dues
22uniformly required of members. In such case, the proportionate
23share payment in this Section shall be deducted by the
24employer from the earnings of the nonmember employees and paid
25to the employee organization.
26    (f) Employers shall make payroll deductions of labor

 

 

SB2458- 31 -LRB102 16496 RJF 21889 b

1organization dues, initiation fees, assessments, and other
2payments for a labor organization that is the exclusive
3representative. Such deductions shall be made in accordance
4with the terms of an employee's written authorization, and
5shall be paid to the exclusive representative. Written
6authorization may be evidenced by electronic communications,
7and such writing or communication may be evidenced by the
8electronic signature of the employee as provided under Section
95-120 of the Electronic Commerce Security Act.
10    There is no impediment to an employee's right to resign
11union membership at any time. However, notwithstanding any
12other provision of law to the contrary regarding authorization
13and deduction of dues or other payments to a labor
14organization, the exclusive representative and a public
15employee may agree to reasonable limits on the right of the
16employee to revoke such authorization, including a period of
17irrevocability that exceeds one year. An authorization that is
18irrevocable for one year, which may be automatically renewed
19for successive annual periods in accordance with the terms of
20the authorization, and that contains at least an annual 10-day
21period of time during which the employee may revoke the
22authorization, shall be deemed reasonable.
23    This Section shall apply to all claims that allege that a
24labor organization or a public employer has improperly
25deducted or collected dues from an employee without regard to
26whether the claims or the facts upon which they are based

 

 

SB2458- 32 -LRB102 16496 RJF 21889 b

1occurred before, on, or after the effective date of this
2amendatory Act of the 101st General Assembly and shall apply
3retroactively to the maximum extent permitted by law.
4    (f-5) Where a collective bargaining agreement is
5terminated, or continues in effect beyond its scheduled
6expiration date pending the negotiation of a successor
7agreement or the resolution of an impasse under Section 14,
8the employer shall continue to honor and abide by any dues
9deduction or fair share clause contained therein until a new
10agreement is reached including dues deduction or a fair share
11clause. For the benefit of any successor exclusive
12representative certified under this Act, this provision shall
13be applicable, provided the successor exclusive
14representative:
15        (i) certifies to the employer the amount constituting
16    each non-member's proportionate share under subsection
17    (e); or
18        (ii) presents the employer with employee written
19    authorizations for the deduction of dues, assessments, and
20    fees under this subsection.
21    Failure to so honor and abide by dues deduction or fair
22share clauses for the benefit of any exclusive representative,
23including a successor, shall be a violation of the duty to
24bargain and an unfair labor practice.
25    (f-10) Upon receiving written notice of authorization, the
26public employer must commence dues deductions as soon as

 

 

SB2458- 33 -LRB102 16496 RJF 21889 b

1practicable, but in no case later than 30 days after receiving
2notice from the labor organization. Employee deductions shall
3be transmitted to the labor organization no later than 30 days
4after they are deducted unless a shorter period is mutually
5agreed to.
6    (f-15) Deductions shall remain in effect until:
7        (1) the public employer receives notice that a public
8    employee has revoked their authorization in writing in
9    accordance with the terms of the authorization; or
10        (2) the individual employee is no longer employed by
11    the public employer in a bargaining unit position
12    represented by the same exclusive representative, provided
13    that if the employee is, within a period of one year,
14    employed by the same public employer in a position
15    represented by the same labor organization, the right to
16    dues deduction shall be automatically reinstated.
17    Nothing in this subsection prevents an employee from
18continuing to authorize payroll deductions when no longer
19represented by the exclusive representative that would receive
20such deduction.
21    Should the individual employee who has signed a dues
22deduction authorization card either be removed from a public
23employer's payroll or otherwise placed on any type of
24involuntary or voluntary leave of absence, whether paid or
25unpaid, the public employee's dues deduction shall be
26continued upon that public employee's return to the payroll in

 

 

SB2458- 34 -LRB102 16496 RJF 21889 b

1a bargaining unit position represented by the same exclusive
2representative or restoration to active duty from such a leave
3of absence.
4    (f-20) Unless otherwise mutually agreed by the public
5employer and the exclusive representative, employee requests
6to authorize, revoke, cancel, or change authorizations for
7payroll deductions for labor organizations shall be directed
8to the labor organization rather than to the public employer.
9The labor organization shall be responsible for initially
10processing and notifying the public employer of proper
11requests or providing proper requests to the employer. If the
12requests are not provided to the public employer, the employer
13shall rely on information provided by the labor organization
14regarding whether deductions for a labor organization were
15properly authorized, revoked, canceled, or changed, and the
16labor organization shall indemnify the public employer for any
17damages and reasonable costs incurred for any claims made by
18employees for deductions made in good faith reliance on that
19information.
20    (f-25) Upon receipt by the exclusive representative of an
21appropriate written authorization from an employee, written
22notice of authorization shall be provided to the employer and
23any authorized deductions shall be made in accordance with
24law. The labor organization shall indemnify the public
25employer for any damages and reasonable costs incurred for any
26claims made by employees for deductions made in good faith

 

 

SB2458- 35 -LRB102 16496 RJF 21889 b

1reliance on its notification.
2    (f-30) The failure of an employer to comply with the
3provisions of this Section shall be a violation of the duty to
4bargain and an unfair labor practice. Relief for the violation
5shall be reimbursement by the public employer of dues that
6should have been deducted or paid based on a valid
7authorization given by the employee or employees. In addition,
8the provisions of a collective bargaining agreement that
9contain the obligations set forth in this Section may be
10enforced in accordance with Sections 8 and 16.
11    (f-35) The Illinois Labor Relations Board shall have
12exclusive jurisdiction over claims under Illinois law that
13allege that a labor organization has unlawfully collected dues
14from a public employee in violation of this Act. The Board
15shall by rule require that in cases in which a public employee
16alleges that a labor organization has unlawfully collected
17dues, the public employer shall continue to deduct the
18employee's dues from the employee's pay, but shall transmit
19the dues to the Board for deposit in an escrow account
20maintained by the Board. If the exclusive representative
21maintains an escrow account for the purpose of holding dues to
22which an employee has objected, the employer shall transmit
23the entire amount of dues to the exclusive representative, and
24the exclusive representative shall hold in escrow the dues
25that the employer would otherwise have been required to
26transmit to the Board for escrow; provided that the escrow

 

 

SB2458- 36 -LRB102 16496 RJF 21889 b

1account maintained by the exclusive representative complies
2with rules adopted by the Board or that the collective
3bargaining agreement requiring the payment of the dues
4contains an indemnification provision for the purpose of
5indemnifying the employer with respect to the employer's
6transmission of dues to the exclusive representative.
7    (f-40) If any clause, sentence, paragraph, or subparagraph
8of this Section shall be adjudged by a court of competent
9jurisdiction to be unconstitutional or otherwise invalid, that
10judgment shall not affect, impair, or invalidate the remainder
11thereof, but shall be confined in its operation to the clause,
12sentence, paragraph, or subparagraph of this Section directly
13involved in the controversy in which that judgment shall have
14been rendered.
15    If any clause, sentence, paragraph, or part of a signed
16authorization for payroll deductions shall be adjudged by a
17court of competent jurisdiction to be unconstitutional or
18otherwise invalid, that judgment shall not affect, impair, or
19invalidate the remainder of the signed authorization, but
20shall be confined in its operation to the clause, sentence,
21paragraph, or part of the signed authorization directly
22involved in the controversy in which that judgment shall have
23been rendered.
24    (g) Agreements containing a fair share agreement must
25safeguard the right of nonassociation of employees based upon
26bona fide religious tenets or teachings of a church or

 

 

SB2458- 37 -LRB102 16496 RJF 21889 b

1religious body of which such employees are members. Such
2employees may be required to pay an amount equal to their fair
3share, determined under a lawful fair share agreement, to a
4nonreligious charitable organization mutually agreed upon by
5the employees affected and the exclusive bargaining
6representative to which such employees would otherwise pay
7such service fee. If the affected employees and the bargaining
8representative are unable to reach an agreement on the matter,
9the Board may establish an approved list of charitable
10organizations to which such payments may be made.
11(Source: P.A. 101-620, eff. 12-20-19.)