093_HB2362sam001











                                     LRB093 06121 JAM 16996 a

 1                    AMENDMENT TO HOUSE BILL 2362

 2        AMENDMENT NO.     .  Amend House Bill 2362  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 06121 JAM 16996 a
 1        they be recognized as the representative of a majority of
 2        the public employees in an appropriate  unit,  the  Board
 3        shall investigate such petition, and if it has reasonable
 4        cause  to  believe  that  a  question  of  representation
 5        exists, shall provide for an appropriate hearing upon due
 6        notice.  Such hearing shall be held at the offices of the
 7        Board  or  such  other  location  as  the   Board   deems
 8        appropriate.  If  it finds upon the record of the hearing
 9        that a question of representation exists, it shall direct
10        an election in accordance with  subsection  (d)  of  this
11        Section,  which election shall be held not later than 120
12        days after the date the petition was filed regardless  of
13        whether  that  petition  was  filed  before  or after the
14        effective date of this amendatory Act of 1987;  provided,
15        however,  the  Board  may  extend the time for holding an
16        election by an additional 60 days if, upon  motion  by  a
17        person  who has filed a petition under this Section or is
18        the subject of a petition filed under this Section and is
19        a party to such hearing, or upon the Board's own  motion,
20        the  Board  finds  that  good  cause  has  been shown for
21        extending  the  election  date;  provided  further,  that
22        nothing in this Section shall prohibit the Board, in  its
23        discretion,  from  extending  the  time  for  holding  an
24        election  for  so  long  as  may  be  necessary under the
25        circumstances, where the purpose for such extension is to
26        permit  resolution  by  the  Board  of  an  unfair  labor
27        practice  charge  filed  by  one  of  the  parties  to  a
28        representational proceeding against the other based  upon
29        conduct  which  may  either  affect  the  existence  of a
30        question concerning representation or have a tendency  to
31        interfere  with a fair and free election, where the party
32        filing the charge has not filed a request to proceed with
33        the election; and provided  further  that  prior  to  the
34        expiration  of  the  total  time  allotted for holding an
 
                            -3-      LRB093 06121 JAM 16996 a
 1        election, a person who has filed a  petition  under  this
 2        Section  or is the subject of a petition filed under this
 3        Section and is a party to such hearing or the Board,  may
 4        move  for and obtain the entry of an order in the circuit
 5        court of the county in which the majority of  the  public
 6        employees sought to be represented by such person reside,
 7        such  order  extending  the  date upon which the election
 8        shall be held.  Such order shall be issued by the circuit
 9        court only upon a judicial finding that there has been  a
10        sufficient showing that there is good cause to extend the
11        election  date  beyond  such period and shall require the
12        Board to hold the election as soon as is  feasible  given
13        the  totality  of  the circumstances. Such 120 day period
14        may be extended one or more times by the agreement of all
15        parties to the hearing to  a  date  certain  without  the
16        necessity  of  obtaining  a  court order. Nothing in this
17        Section prohibits the waiving of hearings by  stipulation
18        for  the purpose of a consent election in conformity with
19        the rules and regulations of the Board or an election  in
20        a  unit  agreed  upon  by  the  parties. Other interested
21        employee organizations may intervene in  the  proceedings
22        in  the  manner  and  within the time period specified by
23        rules and regulations of the Board.   Interested  parties
24        who  are  necessary to the proceedings may also intervene
25        in the proceedings in the  manner  and  within  the  time
26        period  specified  by  the  rules  and regulations of the
27        Board.
28        (b)  The Board shall decide in each  case,  in  order  to
29    assure public employees the fullest freedom in exercising the
30    rights  guaranteed  by  this  Act, a unit appropriate for the
31    purpose of collective bargaining, based upon but not  limited
32    to  such  factors  as:  historical  pattern  of  recognition;
33    community   of   interest   including   employee  skills  and
34    functions;     degree     of     functional      integration;
 
                            -4-      LRB093 06121 JAM 16996 a
 1    interchangeability and contact among employees; fragmentation
 2    of  employee  groups;  common  supervision,  wages, hours and
 3    other working conditions of the employees involved;  and  the
 4    desires  of  the employees.  For purposes of this subsection,
 5    fragmentation shall not be the  sole  or  predominant  factor
 6    used  by  the  Board in determining an appropriate bargaining
 7    unit.  Except with respect to  non-State  fire  fighters  and
 8    paramedics  employed  by fire departments and fire protection
 9    districts, non-State peace officers and peace officers in the
10    State Department of State Police, a  single  bargaining  unit
11    determined  by the Board may not include both supervisors and
12    nonsupervisors, except for bargaining units in  existence  on
13    the  effective  date  of  this Act. With respect to non-State
14    fire fighters and paramedics employed by fire departments and
15    fire protection districts, non-State peace officers and peace
16    officers in the State Department of State  Police,  a  single
17    bargaining  unit determined by the Board may not include both
18    supervisors and nonsupervisors, except for  bargaining  units
19    in  existence on the effective date of this amendatory Act of
20    1985.
21        In cases involving an historical pattern of  recognition,
22    and  in  cases where the employer has recognized the union as
23    the sole and  exclusive  bargaining  agent  for  a  specified
24    existing unit, the Board shall find the employees in the unit
25    then  represented by the union pursuant to the recognition to
26    be the appropriate unit.
27        Notwithstanding the above factors, where the majority  of
28    public  employees  of  a  craft  so  decide,  the Board shall
29    designate such craft as a unit appropriate for  the  purposes
30    of collective bargaining.
31        The  Board  shall not decide that any unit is appropriate
32    if such unit includes both professional  and  nonprofessional
33    employees,   unless  a  majority  of  each  group  votes  for
34    inclusion in such unit.
 
                            -5-      LRB093 06121 JAM 16996 a
 1        (c)  Nothing in this Act shall interfere with  or  negate
 2    the  current  representation rights or patterns and practices
 3    of labor organizations which  have  historically  represented
 4    public  employees  for  the purpose of collective bargaining,
 5    including but not limited to the negotiations of wages, hours
 6    and working conditions, discussions of employees' grievances,
 7    resolution of jurisdictional disputes, or  the  establishment
 8    and  maintenance  of prevailing wage rates, unless a majority
 9    of  employees  so  represented  express  a  contrary   desire
10    pursuant to the procedures set forth in this Act.
11        (d)  In instances where the employer does not voluntarily
12    recognize  a  labor  organization as the exclusive bargaining
13    representative for a  unit  of  employees,  the  Board  shall
14    determine the majority representative of the public employees
15    in  an appropriate collective bargaining unit by conducting a
16    secret ballot election. Within 7 days after the Board  issues
17    its  bargaining  unit determination and direction of election
18    or the execution of  a  stipulation  for  the  purpose  of  a
19    consent  election,  the  public  employer shall submit to the
20    labor organization the complete names and addresses of  those
21    employees  who  are determined by the Board to be eligible to
22    participate in the election. When the  Board  has  determined
23    that  a  labor organization has been fairly and freely chosen
24    by a majority of employees in an appropriate unit,  it  shall
25    certify  such  organization  as the exclusive representative.
26    If the Board determines that a majority of  employees  in  an
27    appropriate  unit  has  fairly  and  freely  chosen not to be
28    represented by a labor organization, it shall so certify. The
29    Board  may  also  revoke  the  certification  of  the  public
30    employee    organizations     as     exclusive     bargaining
31    representatives  which  have  been  found  by a secret ballot
32    election to be no longer the majority representative.
33        (e)  The Board shall  not  conduct  an  election  in  any
34    bargaining  unit  or  any  subdivision thereof within which a
 
                            -6-      LRB093 06121 JAM 16996 a
 1    valid election  has  been  held  in  the  preceding  12-month
 2    period.  The Board shall determine who is eligible to vote in
 3    an  election  and shall establish rules governing the conduct
 4    of the election or  conduct  affecting  the  results  of  the
 5    election.   The   Board  shall  include  on  a  ballot  in  a
 6    representation election a choice of  "no  representation".  A
 7    labor organization currently representing the bargaining unit
 8    of   employees   shall   be  placed  on  the  ballot  in  any
 9    representation election. In any election where  none  of  the
10    choices  on the ballot receives a majority, a runoff election
11    shall be  conducted  between  the  2  choices  receiving  the
12    largest  number of valid votes cast in the election.  A labor
13    organization which receives a majority of the votes  cast  in
14    an  election  shall  be  certified  by the Board as exclusive
15    representative of all public employees in the unit.
16        (f)  Nothing  in  this  or  any   other   Act   prohibits
17    recognition   of   a  labor  organization  as  the  exclusive
18    representative by a public employer by mutual consent of  the
19    employer  and the labor organization, provided that the labor
20    organization represents a majority of the public employees in
21    an appropriate  unit.  Any  employee  organization  which  is
22    designated  or  selected by the majority of public employees,
23    in a unit of the public employer having no  other  recognized
24    or  certified  representative,  as  their  representative for
25    purposes of collective bargaining may request recognition  by
26    the  public  employer  in writing.  The public employer shall
27    post such request for a period of at least 20 days  following
28    its  receipt  thereof on bulletin boards or other places used
29    or reserved for employee notices.
30        (g)  Within  the  20-day  period  any  other   interested
31    employee  organization  may  petition the Board in the manner
32    specified by rules and regulations  of  the  Board,  provided
33    that   such   interested   employee   organization  has  been
34    designated by at least 10% of the employees in an appropriate
 
                            -7-      LRB093 06121 JAM 16996 a
 1    bargaining unit which includes all or some of  the  employees
 2    in  the  unit recognized by the employer.  In such event, the
 3    Board shall proceed with the petition in the same  manner  as
 4    provided by paragraph (1) of subsection (a) of this Section.
 5        (h)  No  election  shall  be directed by the Board in any
 6    bargaining unit where there is in force  a  valid  collective
 7    bargaining  agreement.   The  Board,  however, may process an
 8    election petition filed between 90 and 60 days prior  to  the
 9    expiration  of  the  date  of  an  agreement, and may further
10    refine, by rule  or  decision,  the  implementation  of  this
11    provision.  Where  more  than  4 years have elapsed since the
12    effective date of the agreement, the agreement shall continue
13    to bar an election, except that  the  Board  may  process  an
14    election  petition  filed between 90 and 60 days prior to the
15    end of the fifth year of such an agreement,  and  between  90
16    and  60 days prior to the end of each successive year of such
17    agreement.  No  collective  bargaining  agreement   bars   an
18    election  upon  the  petition  of persons not parties thereto
19    where more than 3 years have elapsed since the effective date
20    of the agreement.
21        (i)  An order of the Board  dismissing  a  representation
22    petition,   determining   and   certifying   that   a   labor
23    organization  has been fairly and freely chosen by a majority
24    of employees in an appropriate bargaining  unit,  determining
25    and  certifying that a labor organization has not been fairly
26    and  freely  chosen  by  a  majority  of  employees  in   the
27    bargaining  unit  or  certifying  a labor organization as the
28    exclusive  representative  of  employees  in  an  appropriate
29    bargaining unit because of a determination by the Board  that
30    the   labor   organization   is   the  historical  bargaining
31    representative of employees in  the  bargaining  unit,  is  a
32    final  order.   Any person aggrieved by any such order issued
33    on or after the effective date of this amendatory Act of 1987
34    may apply for and obtain judicial review in  accordance  with
 
                            -8-      LRB093 06121 JAM 16996 a
 1    provisions  of  the  Administrative  Review  Law,  as  now or
 2    hereafter amended, except that such review shall be  afforded
 3    directly in the Appellate Court for the district in which the
 4    aggrieved  party  resides  or  transacts business. Any direct
 5    appeal to the Appellate Court shall be filed within  35  days
 6    from  the  date  that  a  copy  of  the decision sought to be
 7    reviewed was served upon the party affected by the decision.
 8    (Source: P.A. 87-736; 88-1.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.".