093_HB2362enr

 
HB2362 Enrolled                      LRB093 06121 JAM 06226 b

 1        AN ACT in relation to labor relations.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois Public Labor Relations Act is
 5    amended by changing Section 9 as follows:

 6        (5 ILCS 315/9) (from Ch. 48, par. 1609)
 7        Sec. 9.  Elections; recognition.
 8        (a)  Whenever in accordance with such regulations as  may
 9    be prescribed by the Board a petition has been filed:
10             (1)  by   a  public  employee  or  group  of  public
11        employees or  any  labor  organization  acting  in  their
12        behalf  demonstrating that 30% of the public employees in
13        an appropriate unit (A) wish to be  represented  for  the
14        purposes   of   collective    bargaining   by   a   labor
15        organization   as   exclusive   representative,   or  (B)
16        asserting that the  labor  organization  which  has  been
17        certified  or  is  currently  recognized  by  the  public
18        employer  as  bargaining  representative is no longer the
19        representative of the majority of public employees in the
20        unit; or
21             (2)  by a public employer alleging that one or  more
22        labor  organizations  have  presented  to it a claim that
23        they be recognized as the representative of a majority of
24        the public employees in an appropriate  unit,  the  Board
25        shall investigate such petition, and if it has reasonable
26        cause  to  believe  that  a  question  of  representation
27        exists, shall provide for an appropriate hearing upon due
28        notice.  Such hearing shall be held at the offices of the
29        Board  or  such  other  location  as  the   Board   deems
30        appropriate.  If  it finds upon the record of the hearing
31        that a question of representation exists, it shall direct
 
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 1        an election in accordance with  subsection  (d)  of  this
 2        Section,  which election shall be held not later than 120
 3        days after the date the petition was filed regardless  of
 4        whether  that  petition  was  filed  before  or after the
 5        effective date of this amendatory Act of 1987;  provided,
 6        however,  the  Board  may  extend the time for holding an
 7        election by an additional 60 days if, upon  motion  by  a
 8        person  who has filed a petition under this Section or is
 9        the subject of a petition filed under this Section and is
10        a party to such hearing, or upon the Board's own  motion,
11        the  Board  finds  that  good  cause  has  been shown for
12        extending  the  election  date;  provided  further,  that
13        nothing in this Section shall prohibit the Board, in  its
14        discretion,  from  extending  the  time  for  holding  an
15        election  for  so  long  as  may  be  necessary under the
16        circumstances, where the purpose for such extension is to
17        permit  resolution  by  the  Board  of  an  unfair  labor
18        practice  charge  filed  by  one  of  the  parties  to  a
19        representational proceeding against the other based  upon
20        conduct  which  may  either  affect  the  existence  of a
21        question concerning representation or have a tendency  to
22        interfere  with a fair and free election, where the party
23        filing the charge has not filed a request to proceed with
24        the election; and provided  further  that  prior  to  the
25        expiration  of  the  total  time  allotted for holding an
26        election, a person who has filed a  petition  under  this
27        Section  or is the subject of a petition filed under this
28        Section and is a party to such hearing or the Board,  may
29        move  for and obtain the entry of an order in the circuit
30        court of the county in which the majority of  the  public
31        employees sought to be represented by such person reside,
32        such  order  extending  the  date upon which the election
33        shall be held.  Such order shall be issued by the circuit
34        court only upon a judicial finding that there has been  a
 
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 1        sufficient showing that there is good cause to extend the
 2        election  date  beyond  such period and shall require the
 3        Board to hold the election as soon as is  feasible  given
 4        the  totality  of  the circumstances. Such 120 day period
 5        may be extended one or more times by the agreement of all
 6        parties to the hearing to  a  date  certain  without  the
 7        necessity  of  obtaining  a  court order. Nothing in this
 8        Section prohibits the waiving of hearings by  stipulation
 9        for  the purpose of a consent election in conformity with
10        the rules and regulations of the Board or an election  in
11        a  unit  agreed  upon  by  the  parties. Other interested
12        employee organizations may intervene in  the  proceedings
13        in  the  manner  and  within the time period specified by
14        rules and regulations of the Board.   Interested  parties
15        who  are  necessary to the proceedings may also intervene
16        in the proceedings in the  manner  and  within  the  time
17        period  specified  by  the  rules  and regulations of the
18        Board.
19        (b)  The Board shall decide in each  case,  in  order  to
20    assure public employees the fullest freedom in exercising the
21    rights  guaranteed  by  this  Act, a unit appropriate for the
22    purpose of collective bargaining, based upon but not  limited
23    to  such  factors  as:  historical  pattern  of  recognition;
24    community   of   interest   including   employee  skills  and
25    functions;     degree     of     functional      integration;
26    interchangeability and contact among employees; fragmentation
27    of  employee  groups;  common  supervision,  wages, hours and
28    other working conditions of the employees involved;  and  the
29    desires  of  the employees.  For purposes of this subsection,
30    fragmentation shall not be the  sole  or  predominant  factor
31    used  by  the  Board in determining an appropriate bargaining
32    unit.  Except with respect to  non-State  fire  fighters  and
33    paramedics  employed  by fire departments and fire protection
34    districts, non-State peace officers and peace officers in the
 
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 1    State Department of State Police, a  single  bargaining  unit
 2    determined  by the Board may not include both supervisors and
 3    nonsupervisors, except for bargaining units in  existence  on
 4    the  effective  date  of  this Act. With respect to non-State
 5    fire fighters and paramedics employed by fire departments and
 6    fire protection districts, non-State peace officers and peace
 7    officers in the State Department of State  Police,  a  single
 8    bargaining  unit determined by the Board may not include both
 9    supervisors and nonsupervisors, except for  bargaining  units
10    in  existence on the effective date of this amendatory Act of
11    1985.
12        In cases involving an historical pattern of  recognition,
13    and  in  cases where the employer has recognized the union as
14    the sole and  exclusive  bargaining  agent  for  a  specified
15    existing unit, the Board shall find the employees in the unit
16    then  represented by the union pursuant to the recognition to
17    be the appropriate unit.
18        Notwithstanding the above factors, where the majority  of
19    public  employees  of  a  craft  so  decide,  the Board shall
20    designate such craft as a unit appropriate for  the  purposes
21    of collective bargaining.
22        The  Board  shall not decide that any unit is appropriate
23    if such unit includes both professional  and  nonprofessional
24    employees,   unless  a  majority  of  each  group  votes  for
25    inclusion in such unit.
26        (c)  Nothing in this Act shall interfere with  or  negate
27    the  current  representation rights or patterns and practices
28    of labor organizations which  have  historically  represented
29    public  employees  for  the purpose of collective bargaining,
30    including but not limited to the negotiations of wages, hours
31    and working conditions, discussions of employees' grievances,
32    resolution of jurisdictional disputes, or  the  establishment
33    and  maintenance  of prevailing wage rates, unless a majority
34    of  employees  so  represented  express  a  contrary   desire
 
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 1    pursuant to the procedures set forth in this Act.
 2        (d)  In instances where the employer does not voluntarily
 3    recognize  a  labor  organization as the exclusive bargaining
 4    representative for a  unit  of  employees,  the  Board  shall
 5    determine the majority representative of the public employees
 6    in  an appropriate collective bargaining unit by conducting a
 7    secret ballot election. Within 7 days after the Board  issues
 8    its  bargaining  unit determination and direction of election
 9    or the execution of  a  stipulation  for  the  purpose  of  a
10    consent  election,  the  public  employer shall submit to the
11    labor organization the complete names and addresses of  those
12    employees  who  are determined by the Board to be eligible to
13    participate in the election. When the  Board  has  determined
14    that  a  labor organization has been fairly and freely chosen
15    by a majority of employees in an appropriate unit,  it  shall
16    certify  such  organization  as the exclusive representative.
17    If the Board determines that a majority of  employees  in  an
18    appropriate  unit  has  fairly  and  freely  chosen not to be
19    represented by a labor organization, it shall so certify. The
20    Board  may  also  revoke  the  certification  of  the  public
21    employee    organizations     as     exclusive     bargaining
22    representatives  which  have  been  found  by a secret ballot
23    election to be no longer the majority representative.
24        (e)  The Board shall  not  conduct  an  election  in  any
25    bargaining  unit  or  any  subdivision thereof within which a
26    valid election  has  been  held  in  the  preceding  12-month
27    period.  The Board shall determine who is eligible to vote in
28    an  election  and shall establish rules governing the conduct
29    of the election or  conduct  affecting  the  results  of  the
30    election.   The   Board  shall  include  on  a  ballot  in  a
31    representation election a choice of  "no  representation".  A
32    labor organization currently representing the bargaining unit
33    of   employees   shall   be  placed  on  the  ballot  in  any
34    representation election. In any election where  none  of  the
 
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 1    choices  on the ballot receives a majority, a runoff election
 2    shall be  conducted  between  the  2  choices  receiving  the
 3    largest  number of valid votes cast in the election.  A labor
 4    organization which receives a majority of the votes  cast  in
 5    an  election  shall  be  certified  by the Board as exclusive
 6    representative of all public employees in the unit.
 7        (f)  Nothing  in  this  or  any   other   Act   prohibits
 8    recognition   of   a  labor  organization  as  the  exclusive
 9    representative by a public employer by mutual consent of  the
10    employer  and the labor organization, provided that the labor
11    organization represents a majority of the public employees in
12    an appropriate  unit.  Any  employee  organization  which  is
13    designated  or  selected by the majority of public employees,
14    in a unit of the public employer having no  other  recognized
15    or  certified  representative,  as  their  representative for
16    purposes of collective bargaining may request recognition  by
17    the  public  employer  in writing.  The public employer shall
18    post such request for a period of at least 20 days  following
19    its  receipt  thereof on bulletin boards or other places used
20    or reserved for employee notices.
21        (g)  Within  the  20-day  period  any  other   interested
22    employee  organization  may  petition the Board in the manner
23    specified by rules and regulations  of  the  Board,  provided
24    that   such   interested   employee   organization  has  been
25    designated by at least 10% of the employees in an appropriate
26    bargaining unit which includes all or some of  the  employees
27    in  the  unit recognized by the employer.  In such event, the
28    Board shall proceed with the petition in the same  manner  as
29    provided by paragraph (1) of subsection (a) of this Section.
30        (h)  No  election  shall  be directed by the Board in any
31    bargaining unit where there is in force  a  valid  collective
32    bargaining  agreement.   The  Board,  however, may process an
33    election petition filed between 90 and 60 days prior  to  the
34    expiration  of  the  date  of  an  agreement, and may further
 
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 1    refine, by rule  or  decision,  the  implementation  of  this
 2    provision.  Where  more  than  4 years have elapsed since the
 3    effective date of the agreement, the agreement shall continue
 4    to bar an election, except that  the  Board  may  process  an
 5    election  petition  filed between 90 and 60 days prior to the
 6    end of the fifth year of such an agreement,  and  between  90
 7    and  60 days prior to the end of each successive year of such
 8    agreement.  No  collective  bargaining  agreement   bars   an
 9    election  upon  the  petition  of persons not parties thereto
10    where more than 3 years have elapsed since the effective date
11    of the agreement.
12        (i)  An order of the Board  dismissing  a  representation
13    petition,   determining   and   certifying   that   a   labor
14    organization  has been fairly and freely chosen by a majority
15    of employees in an appropriate bargaining  unit,  determining
16    and  certifying that a labor organization has not been fairly
17    and  freely  chosen  by  a  majority  of  employees  in   the
18    bargaining  unit  or  certifying  a labor organization as the
19    exclusive  representative  of  employees  in  an  appropriate
20    bargaining unit because of a determination by the Board  that
21    the   labor   organization   is   the  historical  bargaining
22    representative of employees in  the  bargaining  unit,  is  a
23    final  order.   Any person aggrieved by any such order issued
24    on or after the effective date of this amendatory Act of 1987
25    may apply for and obtain judicial review in  accordance  with
26    provisions  of  the  Administrative  Review  Law,  as  now or
27    hereafter amended, except that such review shall be  afforded
28    directly in the Appellate Court for the district in which the
29    aggrieved  party  resides  or  transacts business. Any direct
30    appeal to the Appellate Court shall be filed within  35  days
31    from  the  date  that  a  copy  of  the decision sought to be
32    reviewed was served upon the party affected by the decision.
33    (Source: P.A. 87-736; 88-1.)
 
HB2362 Enrolled            -8-       LRB093 06121 JAM 06226 b
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.