093_HB3396enr

 
HB3396 Enrolled                      LRB093 07665 WGH 07845 b

 1        AN ACT concerning 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,
25    the Board shall investigate such  petition,  and  if  it  has
26    reasonable 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 appropriate.
30    If it finds upon the record of the hearing that a question of
31    representation  exists,  it  shall  direct  an  election   in
 
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 1    accordance   with  subsection  (d)  of  this  Section,  which
 2    election shall be held not later than 120 days after the date
 3    the petition was filed regardless of  whether  that  petition
 4    was  filed  before  or  after  the  effective  date  of  this
 5    amendatory  Act  of  1987;  provided,  however, the Board may
 6    extend the time for holding an election by an  additional  60
 7    days  if,  upon  motion  by a person who has filed a petition
 8    under this Section or is the  subject  of  a  petition  filed
 9    under  this  Section  and is a party to such hearing, or upon
10    the Board's own motion, the Board finds that good  cause  has
11    been shown for extending the election date; provided further,
12    that nothing in this Section shall prohibit the Board, in its
13    discretion,  from  extending the time for holding an election
14    for so long as may  be  necessary  under  the  circumstances,
15    where  the purpose for such extension is to permit resolution
16    by the Board of an unfair labor practice charge filed by  one
17    of  the  parties to a representational proceeding against the
18    other  based  upon  conduct  which  may  either  affect   the
19    existence  of  a question concerning representation or have a
20    tendency to interfere with a fair and  free  election,  where
21    the  party  filing  the  charge  has  not  filed a request to
22    proceed with the election; and provided further that prior to
23    the expiration of the total  time  allotted  for  holding  an
24    election,  a  person  who  has  filed  a  petition under this
25    Section or is the subject of  a  petition  filed  under  this
26    Section and is a party to such hearing or the Board, may move
27    for  and obtain the entry of an order in the circuit court of
28    the county in which the  majority  of  the  public  employees
29    sought  to  be  represented by such person reside, such order
30    extending the date upon which the  election  shall  be  held.
31    Such  order  shall be issued by the circuit court only upon a
32    judicial finding that there has  been  a  sufficient  showing
33    that  there  is good cause to extend the election date beyond
34    such period and shall require the Board to hold the  election
 
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 1    as   soon   as   is   feasible  given  the  totality  of  the
 2    circumstances. Such 120 day period may  be  extended  one  or
 3    more  times by the agreement of all parties to the hearing to
 4    a date certain without the necessity  of  obtaining  a  court
 5    order.  Nothing  in  this  Section  prohibits  the waiving of
 6    hearings by stipulation for the purpose of a consent election
 7    in conformity with the rules and regulations of the Board  or
 8    an  election  in  a  unit  agreed  upon by the parties. Other
 9    interested  employee  organizations  may  intervene  in   the
10    proceedings   in  the  manner  and  within  the  time  period
11    specified by rules and regulations of the Board.   Interested
12    parties  who  are  necessary  to  the  proceedings  may  also
13    intervene  in  the  proceedings  in the manner and within the
14    time period specified by the rules  and  regulations  of  the
15    Board.
16        (a-5)  The    Board    shall   designate   an   exclusive
17    representative for purposes of collective bargaining when the
18    representative demonstrates a showing of majority interest by
19    employees in the unit.  If  the  parties  to  a  dispute  are
20    without  agreement  on  the means to ascertain the choice, if
21    any, of employee organization as  their  representative,  the
22    Board  shall  ascertain  the  employees'  choice  of employee
23    organization, on the basis of  dues  deduction  authorization
24    and  other  evidence,  or,  if  necessary,  by  conducting an
25    election. If either party provides to the Board,  before  the
26    designation   of   a  representative,  clear  and  convincing
27    evidence that the dues deduction  authorizations,  and  other
28    evidence  upon  which  the  Board  would  otherwise  rely  to
29    ascertain   the  employees'  choice  of  representative,  are
30    fraudulent or were obtained through coercion, the Board shall
31    promptly thereafter conduct an election. The Board shall also
32    investigate and consider a party's allegations that the  dues
33    deduction  authorizations  and  other  evidence  submitted in
34    support  of  a  designation  of  representative  without   an
 
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 1    election  were  subsequently  changed, altered, withdrawn, or
 2    withheld as a result of  employer  fraud,  coercion,  or  any
 3    other  unfair  labor  practice  by the employer. If the Board
 4    determines  that  a  labor  organization  would  have  had  a
 5    majority interest but for an employer's fraud,  coercion,  or
 6    unfair   labor   practice,   it  shall  designate  the  labor
 7    organization   as   an   exclusive   representative   without
 8    conducting an election.
 9        (b)  The Board shall decide in each  case,  in  order  to
10    assure public employees the fullest freedom in exercising the
11    rights  guaranteed  by  this  Act, a unit appropriate for the
12    purpose of collective bargaining, based upon but not  limited
13    to  such  factors  as:  historical  pattern  of  recognition;
14    community   of   interest   including   employee  skills  and
15    functions;     degree     of     functional      integration;
16    interchangeability and contact among employees; fragmentation
17    of  employee  groups;  common  supervision,  wages, hours and
18    other working conditions of the employees involved;  and  the
19    desires  of  the employees.  For purposes of this subsection,
20    fragmentation shall not be the  sole  or  predominant  factor
21    used  by  the  Board in determining an appropriate bargaining
22    unit.  Except with respect to  non-State  fire  fighters  and
23    paramedics  employed  by fire departments and fire protection
24    districts, non-State peace officers and peace officers in the
25    State Department of State Police, a  single  bargaining  unit
26    determined  by the Board may not include both supervisors and
27    nonsupervisors, except for bargaining units in  existence  on
28    the  effective  date  of  this Act. With respect to non-State
29    fire fighters and paramedics employed by fire departments and
30    fire protection districts, non-State peace officers and peace
31    officers in the State Department of State  Police,  a  single
32    bargaining  unit determined by the Board may not include both
33    supervisors and nonsupervisors, except for  bargaining  units
34    in  existence on the effective date of this amendatory Act of
 
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 1    1985.
 2        In cases involving an historical pattern of  recognition,
 3    and  in  cases where the employer has recognized the union as
 4    the sole and  exclusive  bargaining  agent  for  a  specified
 5    existing unit, the Board shall find the employees in the unit
 6    then  represented by the union pursuant to the recognition to
 7    be the appropriate unit.
 8        Notwithstanding the above factors, where the majority  of
 9    public  employees  of  a  craft  so  decide,  the Board shall
10    designate such craft as a unit appropriate for  the  purposes
11    of collective bargaining.
12        The  Board  shall not decide that any unit is appropriate
13    if such unit includes both professional  and  nonprofessional
14    employees,   unless  a  majority  of  each  group  votes  for
15    inclusion in such unit.
16        (c)  Nothing in this Act shall interfere with  or  negate
17    the  current  representation rights or patterns and practices
18    of labor organizations which  have  historically  represented
19    public  employees  for  the purpose of collective bargaining,
20    including but not limited to the negotiations of wages, hours
21    and working conditions, discussions of employees' grievances,
22    resolution of jurisdictional disputes, or  the  establishment
23    and  maintenance  of prevailing wage rates, unless a majority
24    of  employees  so  represented  express  a  contrary   desire
25    pursuant to the procedures set forth in this Act.
26        (d)  In instances where the employer does not voluntarily
27    recognize  a  labor  organization as the exclusive bargaining
28    representative for a  unit  of  employees,  the  Board  shall
29    determine the majority representative of the public employees
30    in  an appropriate collective bargaining unit by conducting a
31    secret ballot  election,  except  as  otherwise  provided  in
32    subsection  (a-5).  Within  7 days after the Board issues its
33    bargaining unit determination and direction  of  election  or
34    the  execution  of a stipulation for the purpose of a consent
 
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 1    election, the public  employer  shall  submit  to  the  labor
 2    organization  the  complete  names  and  addresses  of  those
 3    employees  who  are determined by the Board to be eligible to
 4    participate in the election. When the  Board  has  determined
 5    that  a  labor organization has been fairly and freely chosen
 6    by a majority of employees in an appropriate unit,  it  shall
 7    certify  such  organization  as the exclusive representative.
 8    If the Board determines that a majority of  employees  in  an
 9    appropriate  unit  has  fairly  and  freely  chosen not to be
10    represented by a labor organization, it shall so certify. The
11    Board  may  also  revoke  the  certification  of  the  public
12    employee    organizations     as     exclusive     bargaining
13    representatives  which  have  been  found  by a secret ballot
14    election to be no longer the majority representative.
15        (e)  The Board shall  not  conduct  an  election  in  any
16    bargaining  unit  or  any  subdivision thereof within which a
17    valid election  has  been  held  in  the  preceding  12-month
18    period.  The Board shall determine who is eligible to vote in
19    an  election  and shall establish rules governing the conduct
20    of the election or  conduct  affecting  the  results  of  the
21    election.   The   Board  shall  include  on  a  ballot  in  a
22    representation election a choice of  "no  representation".  A
23    labor organization currently representing the bargaining unit
24    of   employees   shall   be  placed  on  the  ballot  in  any
25    representation election. In any election where  none  of  the
26    choices  on the ballot receives a majority, a runoff election
27    shall be  conducted  between  the  2  choices  receiving  the
28    largest  number of valid votes cast in the election.  A labor
29    organization which receives a majority of the votes  cast  in
30    an  election  shall  be  certified  by the Board as exclusive
31    representative of all public employees in the unit.
32        (f)  Nothing  in  this  or  any   other   Act   prohibits
33    recognition  of  A  labor organization shall be designated as
34    the exclusive representative by a public employer  by  mutual
 
HB3396 Enrolled            -7-       LRB093 07665 WGH 07845 b
 1    consent  of the employer and the labor organization, provided
 2    that the labor organization  represents  a  majority  of  the
 3    public   employees  in  an  appropriate  unit.  Any  employee
 4    organization which is designated or selected by the  majority
 5    of  public employees, in a unit of the public employer having
 6    no other recognized or  certified  representative,  as  their
 7    representative  for  purposes  of  collective  bargaining may
 8    request recognition by the public employer in  writing.   The
 9    public  employer  shall  post such request for a period of at
10    least 20 days  following  its  receipt  thereof  on  bulletin
11    boards or other places used or reserved for employee notices.
12        (g)  Within   the  20-day  period  any  other  interested
13    employee organization may petition the Board  in  the  manner
14    specified  by  rules  and  regulations of the Board, provided
15    that  such  interested   employee   organization   has   been
16    designated by at least 10% of the employees in an appropriate
17    bargaining  unit  which includes all or some of the employees
18    in the unit recognized by the employer.  In such  event,  the
19    Board  shall  proceed with the petition in the same manner as
20    provided by paragraph (1) of subsection (a) of this Section.
21        (h)  No election shall be directed by the  Board  in  any
22    bargaining  unit  where  there is in force a valid collective
23    bargaining agreement.  The Board,  however,  may  process  an
24    election  petition  filed between 90 and 60 days prior to the
25    expiration of the date  of  an  agreement,  and  may  further
26    refine,  by  rule  or  decision,  the  implementation of this
27    provision.  No  collective  bargaining  agreement   bars   an
28    election  upon  the  petition  of persons not parties thereto
29    where more than 3 years have elapsed since the effective date
30    of the agreement.
31        (i)  An order of the Board  dismissing  a  representation
32    petition,   determining   and   certifying   that   a   labor
33    organization  has been fairly and freely chosen by a majority
34    of employees in an appropriate bargaining  unit,  determining
 
HB3396 Enrolled            -8-       LRB093 07665 WGH 07845 b
 1    and  certifying that a labor organization has not been fairly
 2    and  freely  chosen  by  a  majority  of  employees  in   the
 3    bargaining  unit  or  certifying  a labor organization as the
 4    exclusive  representative  of  employees  in  an  appropriate
 5    bargaining unit because of a determination by the Board  that
 6    the   labor   organization   is   the  historical  bargaining
 7    representative of employees in  the  bargaining  unit,  is  a
 8    final  order.   Any person aggrieved by any such order issued
 9    on or after the effective date of this amendatory Act of 1987
10    may apply for and obtain judicial review in  accordance  with
11    provisions  of  the  Administrative  Review  Law,  as  now or
12    hereafter amended, except that such review shall be  afforded
13    directly in the Appellate Court for the district in which the
14    aggrieved  party  resides  or  transacts business. Any direct
15    appeal to the Appellate Court shall be filed within  35  days
16    from  the  date  that  a  copy  of  the decision sought to be
17    reviewed was served upon the party affected by the decision.
18    (Source: P.A. 87-736; 88-1.)

19        Section 10.  The Illinois Educational Labor Relations Act
20    is amended by changing Section 7 as follows:

21        (115 ILCS 5/7) (from Ch. 48, par. 1707)
22        Sec.   7.    Recognition    of    exclusive    bargaining
23    representatives  - unit determination. The Board is empowered
24    to administer the recognition of  bargaining  representatives
25    of  employees of public school districts, including employees
26    of districts which have entered  into  joint  agreements,  or
27    employees of public community college districts, or any State
28    college  or  university,  and  any  State  agency whose major
29    function is providing educational  services,  making  certain
30    that   each   bargaining  unit  contains  employees  with  an
31    identifiable community of interest and that no unit  includes
32    both  professional  employees  and  nonprofessional employees
 
HB3396 Enrolled            -9-       LRB093 07665 WGH 07845 b
 1    unless a  majority  of  employees  in  each  group  vote  for
 2    inclusion in the unit.
 3        (a)  In  determining  the  appropriateness of a unit, the
 4    Board shall decide in each case, in order to ensure employees
 5    the fullest freedom in exercising the  rights  guaranteed  by
 6    this  Act, the unit appropriate for the purpose of collective
 7    bargaining, based upon but not limited  to  such  factors  as
 8    historical  pattern  of  recognition,  community of interest,
 9    including employee skills and functions, degree of functional
10    integration, interchangeability and contact among  employees,
11    common supervision, wages, hours and other working conditions
12    of  the employees involved, and the desires of the employees.
13    Nothing  in  this  Act,  except  as  herein  provided,  shall
14    interfere with or negate the current representation rights or
15    patterns and practices of employee organizations  which  have
16    historically   represented  employees  for  the  purposes  of
17    collective bargaining,  including  but  not  limited  to  the
18    negotiations   of   wages,   hours  and  working  conditions,
19    resolutions  of  employees'  grievances,  or  resolution   of
20    jurisdictional disputes, or the establishment and maintenance
21    of  prevailing wage rates, unless a majority of the employees
22    so  represented  expresses  a  contrary  desire   under   the
23    procedures  set  forth  in  this Act.  This Section, however,
24    does not prohibit multi-unit bargaining.  Notwithstanding the
25    above factors, where the majority of public  employees  of  a
26    craft  so  decide,  the Board shall designate such craft as a
27    unit appropriate for the purposes of collective bargaining.
28        The sole appropriate bargaining unit for academic faculty
29    at the University  of  Illinois  shall  be  a  unit  that  is
30    comprised  of  non-supervisory academic faculty employed more
31    than half-time and that includes all  tenured,  tenure-track,
32    and nontenure-track faculty employed by the board of trustees
33    of that University in all of its undergraduate, graduate, and
34    professional  schools  and  degree  and  non-degree programs,
 
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 1    regardless of current or historical representation rights  or
 2    patterns  or  the  application  of  any  other  factors.  Any
 3    decision, rule, or regulation, promulgated by the  Board   to
 4    the contrary shall be null and void.
 5        (b)  An   educational   employer  shall  may  voluntarily
 6    recognize a  labor  organization  for  collective  bargaining
 7    purposes if that organization appears to represent a majority
 8    of  employees in the unit.  The employer shall post notice of
 9    its intent to so recognize for a period of at least 20 school
10    days on bulletin boards or other places used or reserved  for
11    employee  notices.  Thereafter, the employer, if satisfied as
12    to the majority status of the  employee  organization,  shall
13    send  written  notification  of such recognition to the Board
14    for certification. Any dispute regarding the majority  status
15    of  a labor organization shall be resolved by the Board which
16    shall make the determination of majority status.
17        Within the 20  day  notice  period,  however,  any  other
18    interested  employee  organization  may petition the Board to
19    seek recognition as the exclusive representative of the  unit
20    in  the  manner specified by rules and regulations prescribed
21    by the Board, if such interested  employee  organization  has
22    been  designated  by  at  least  15%  of  the employees in an
23    appropriate bargaining unit which includes all or some of the
24    employees in the  unit  intended  to  be  recognized  by  the
25    employer.   In  such  event, the Board shall proceed with the
26    petition in the same manner as provided in paragraph  (c)  of
27    this Section.
28        (c)  A  labor  organization  may also gain recognition as
29    the exclusive representative by an election of the  employees
30    in  the  unit.  Petitions requesting an election may be filed
31    with the Board:
32             (1)  by an employee or group  of  employees  or  any
33        labor  organizations  acting on their behalf alleging and
34        presenting evidence that 30% or more of the employees  in
 
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 1        a  bargaining  unit wish to be represented for collective
 2        bargaining or that the labor organization which has  been
 3        acting  as  the exclusive bargaining representative is no
 4        longer representative of a majority of the  employees  in
 5        the unit; or
 6             (2)  by  an employer alleging that one or more labor
 7        organizations have presented a claim to be recognized  as
 8        an  exclusive  bargaining representative of a majority of
 9        the employees in an appropriate unit and that  it  doubts
10        the  majority  status of any of the organizations or that
11        it doubts the majority status of an exclusive  bargaining
12        representative.
13        The  Board  shall  investigate the petition and if it has
14    reasonable cause to suspect that a question of representation
15    exists, it shall give notice and conduct a  hearing.   If  it
16    finds  upon  the  record  of  the  hearing that a question of
17    representation exists, it shall  direct  an  election,  which
18    shall  be  held  no  later  than  90  days after the date the
19    petition  was  filed.   Nothing  prohibits  the  waiving   of
20    hearings by the parties and the conduct of consent elections.
21        (c-5)  The    Board    shall   designate   an   exclusive
22    representative for purposes of collective bargaining when the
23    representative demonstrates a showing of majority interest by
24    employees in the unit.  If  the  parties  to  a  dispute  are
25    without  agreement  on  the means to ascertain the choice, if
26    any, of employee organization as  their  representative,  the
27    Board  shall  ascertain  the  employees'  choice  of employee
28    organization, on the basis of  dues  deduction  authorization
29    and  other  evidence,  or,  if  necessary,  by  conducting an
30    election. If either party provides to the Board,  before  the
31    designation   of   a  representative,  clear  and  convincing
32    evidence that the dues deduction  authorizations,  and  other
33    evidence  upon  which  the  Board  would  otherwise  rely  to
34    ascertain   the  employees'  choice  of  representative,  are
 
HB3396 Enrolled            -12-      LRB093 07665 WGH 07845 b
 1    fraudulent or were obtained through coercion, the Board shall
 2    promptly thereafter conduct an election. The Board shall also
 3    investigate and consider a party's allegations that the  dues
 4    deduction  authorizations  and  other  evidence  submitted in
 5    support  of  a  designation  of  representative  without   an
 6    election  were  subsequently  changed, altered, withdrawn, or
 7    withheld as a result of  employer  fraud,  coercion,  or  any
 8    other  unfair  labor  practice  by the employer. If the Board
 9    determines  that  a  labor  organization  would  have  had  a
10    majority interest but for an employer's fraud,  coercion,  or
11    unfair   labor   practice,   it  shall  designate  the  labor
12    organization   as   an   exclusive   representative   without
13    conducting an election.
14        (d)  An order of the Board  dismissing  a  representation
15    petition,   determining   and   certifying   that   a   labor
16    organization  has been fairly and freely chosen by a majority
17    of employees in an appropriate bargaining  unit,  determining
18    and  certifying that a labor organization has not been fairly
19    and  freely  chosen  by  a  majority  of  employees  in   the
20    bargaining  unit  or  certifying  a labor organization as the
21    exclusive  representative  of  employees  in  an  appropriate
22    bargaining unit because of a determination by the Board  that
23    the   labor   organization   is   the  historical  bargaining
24    representative of employees in  the  bargaining  unit,  is  a
25    final  order.   Any person aggrieved by any such order issued
26    on or after the effective date of this amendatory Act of 1987
27    may apply for and obtain judicial review in  accordance  with
28    provisions  of  the  Administrative  Review  Law,  as  now or
29    hereafter amended, except that such review shall be  afforded
30    directly  in  the  Appellate  Court of a judicial district in
31    which the Board maintains an office. Any direct appeal to the
32    Appellate Court shall be filed within 35 days from  the  date
33    that  a copy of the decision sought to be reviewed was served
34    upon the party affected by the decision.
 
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 1        No election may  be  conducted  in  any  bargaining  unit
 2    during the term of a collective bargaining agreement covering
 3    such unit or subdivision thereof, except the Board may direct
 4    an election after the filing of a petition between January 15
 5    and  March  1  of  the  final year of a collective bargaining
 6    agreement.  Nothing in this Section prohibits the negotiation
 7    of a collective bargaining agreement covering  a  period  not
 8    exceeding 3 years.  A collective bargaining agreement of less
 9    than  3 years may be extended up to 3 years by the parties if
10    the extension is agreed to in writing before the filing of  a
11    petition under this Section.  In such case, the final year of
12    the  extension is the final year of the collective bargaining
13    agreement.  No election may  be  conducted  in  a  bargaining
14    unit,  or  subdivision thereof, in which a valid election has
15    been held within the preceding 12 month period.
16    (Source: P.A. 88-1; 89-4, eff. 7-1-95 (eff. date changed from
17    1-1-96 by P.A. 89-24).)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.