Full Text of SB0020 98th General Assembly
SB0020 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB0020 Introduced 1/9/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 5 ILCS 315/3 | from Ch. 48, par. 1603 | 5 ILCS 315/6.1 | |
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Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating public employees who are classified as or who hold the title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, or Plant Operating Engineer for exclusion from collective bargaining and (ii) to specify that public employees who are classified as or who hold the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, or Plant Operating Engineer qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. If and only if Senate Bill 1556, as passed by | 5 | | the 97th General Assembly, becomes law, the Illinois Public | 6 | | Labor Relations Act is amended by changing Sections 3 and 6.1 | 7 | | as follows: | 8 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 9 | | Sec. 3. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | (a) "Board" means the Illinois
Labor Relations Board or, | 12 | | with respect to a matter over which the
jurisdiction of the | 13 | | Board is assigned to the State Panel or the Local Panel
under | 14 | | Section 5, the panel having jurisdiction over the matter.
| 15 | | (b) "Collective bargaining" means bargaining over terms | 16 | | and conditions
of employment, including hours, wages, and other | 17 | | conditions of employment,
as detailed in Section 7 and which | 18 | | are not excluded by Section 4.
| 19 | | (c) "Confidential employee" means an employee who, in the | 20 | | regular course
of his or her duties, assists and acts in a | 21 | | confidential capacity to persons
who formulate, determine, and | 22 | | effectuate management policies with regard
to labor relations | 23 | | or who, in the regular course of his or her duties, has
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| 1 | | authorized access to information relating to the effectuation
| 2 | | or review of the employer's collective bargaining policies.
| 3 | | (d) "Craft employees" means skilled journeymen, crafts | 4 | | persons, and their
apprentices and helpers.
| 5 | | (e) "Essential services employees" means those public | 6 | | employees
performing functions so essential that the | 7 | | interruption or termination of
the function will constitute a | 8 | | clear and present danger to the health and
safety of the | 9 | | persons in the affected community.
| 10 | | (f) "Exclusive representative", except with respect to | 11 | | non-State fire
fighters and paramedics employed by fire | 12 | | departments and fire protection
districts, non-State peace | 13 | | officers, and peace officers in the
Department of State Police, | 14 | | means the labor organization that has
been (i) designated by | 15 | | the Board as the representative of a majority of public
| 16 | | employees in an appropriate bargaining unit in accordance with | 17 | | the procedures
contained in this Act, (ii) historically
| 18 | | recognized by the State of Illinois or
any political | 19 | | subdivision of the State before July 1, 1984
(the effective | 20 | | date of this
Act) as the exclusive representative of the | 21 | | employees in an appropriate
bargaining unit, (iii) after July | 22 | | 1, 1984 (the
effective date of this Act) recognized by an
| 23 | | employer upon evidence, acceptable to the Board, that the labor
| 24 | | organization has been designated as the exclusive | 25 | | representative by a
majority of the employees in an appropriate | 26 | | bargaining unit;
(iv) recognized as the exclusive |
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| 1 | | representative of personal care attendants
or personal
| 2 | | assistants under Executive Order 2003-8 prior to the effective | 3 | | date of this
amendatory
Act of the 93rd General Assembly, and | 4 | | the organization shall be considered to
be the
exclusive | 5 | | representative of the personal care attendants or personal | 6 | | assistants
as defined
in this Section; or (v) recognized as the | 7 | | exclusive representative of child and day care home providers, | 8 | | including licensed and license exempt providers, pursuant to an | 9 | | election held under Executive Order 2005-1 prior to the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly, and the organization shall be considered to be the | 12 | | exclusive representative of the child and day care home | 13 | | providers as defined in this Section.
| 14 | | With respect to non-State fire fighters and paramedics | 15 | | employed by fire
departments and fire protection districts, | 16 | | non-State peace officers, and
peace officers in the Department | 17 | | of State Police,
"exclusive representative" means the labor | 18 | | organization that has
been (i) designated by the Board as the | 19 | | representative of a majority of peace
officers or fire fighters | 20 | | in an appropriate bargaining unit in accordance
with the | 21 | | procedures contained in this Act, (ii)
historically recognized
| 22 | | by the State of Illinois or any political subdivision of the | 23 | | State before
January 1, 1986 (the effective date of this | 24 | | amendatory Act of 1985) as the exclusive
representative by a | 25 | | majority of the peace officers or fire fighters in an
| 26 | | appropriate bargaining unit, or (iii) after January 1,
1986 |
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| 1 | | (the effective date of this amendatory
Act of 1985) recognized | 2 | | by an employer upon evidence, acceptable to the
Board, that the | 3 | | labor organization has been designated as the exclusive
| 4 | | representative by a majority of the peace officers or fire | 5 | | fighters in an
appropriate bargaining unit.
| 6 | | (g) "Fair share agreement" means an agreement between the | 7 | | employer and
an employee organization under which all or any of | 8 | | the employees in a
collective bargaining unit are required to | 9 | | pay their proportionate share of
the costs of the collective | 10 | | bargaining process, contract administration, and
pursuing | 11 | | matters affecting wages, hours, and other conditions of | 12 | | employment,
but not to exceed the amount of dues uniformly | 13 | | required of members. The
amount certified by the exclusive | 14 | | representative shall not include any fees
for contributions | 15 | | related to the election or support of any candidate for
| 16 | | political office. Nothing in this subsection (g) shall
preclude | 17 | | an employee from making
voluntary political contributions in | 18 | | conjunction with his or her fair share
payment.
| 19 | | (g-1) "Fire fighter" means, for the purposes of this Act | 20 | | only, any
person who has been or is hereafter appointed to a | 21 | | fire department or fire
protection district or employed by a | 22 | | state university and sworn or
commissioned to perform fire | 23 | | fighter duties or paramedic duties, except that the
following | 24 | | persons are not included: part-time fire fighters,
auxiliary, | 25 | | reserve or voluntary fire fighters, including paid on-call fire
| 26 | | fighters, clerks and dispatchers or other civilian employees of |
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| 1 | | a fire
department or fire protection district who are not | 2 | | routinely expected to
perform fire fighter duties, or elected | 3 | | officials.
| 4 | | (g-2) "General Assembly of the State of Illinois" means the
| 5 | | legislative branch of the government of the State of Illinois, | 6 | | as provided
for under Article IV of the Constitution of the | 7 | | State of Illinois, and
includes but is not limited to the House | 8 | | of Representatives, the Senate,
the Speaker of the House of | 9 | | Representatives, the Minority Leader of the
House of | 10 | | Representatives, the President of the Senate, the Minority | 11 | | Leader
of the Senate, the Joint Committee on Legislative | 12 | | Support Services and any
legislative support services agency | 13 | | listed in the Legislative Commission
Reorganization Act of | 14 | | 1984.
| 15 | | (h) "Governing body" means, in the case of the State, the | 16 | | State Panel of
the Illinois Labor Relations Board, the Director | 17 | | of the Department of Central
Management Services, and the | 18 | | Director of the Department of Labor; the county
board in the | 19 | | case of a county; the corporate authorities in the case of a
| 20 | | municipality; and the appropriate body authorized to provide | 21 | | for expenditures
of its funds in the case of any other unit of | 22 | | government.
| 23 | | (i) "Labor organization" means any organization in which | 24 | | public employees
participate and that exists for the purpose, | 25 | | in whole or in part, of dealing
with a public employer | 26 | | concerning wages, hours, and other terms and conditions
of |
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| 1 | | employment, including the settlement of grievances.
| 2 | | (i-5) "Legislative liaison" means a person who is an | 3 | | employee of a State agency, the Attorney General, the Secretary | 4 | | of State, the Comptroller, or the Treasurer, as the case may | 5 | | be, and whose job duties require the person to regularly | 6 | | communicate in the course of his or her employment with any | 7 | | official or staff of the General Assembly of the State of | 8 | | Illinois for the purpose of influencing any legislative action. | 9 | | (j) "Managerial employee" means an individual who is | 10 | | engaged
predominantly in executive and management functions | 11 | | and is charged with the
responsibility of directing the | 12 | | effectuation of management policies
and practices.
With | 13 | | respect only to State employees in positions under the | 14 | | jurisdiction of the Attorney General, Secretary of State, | 15 | | Comptroller, or Treasurer (i) that were certified in a | 16 | | bargaining unit on or after December 2, 2008, (ii) for which a | 17 | | petition is filed with the Illinois Public Labor Relations | 18 | | Board on or after the effective date of this amendatory Act of | 19 | | the 97th General Assembly, or (iii) for which a petition is | 20 | | pending before the Illinois Public Labor Relations Board on | 21 | | that date, "managerial employee" means an individual who is | 22 | | engaged in executive and management functions or who is charged | 23 | | with the effectuation of management policies and practices or | 24 | | who represents management interests by taking or recommending | 25 | | discretionary actions that effectively control or implement | 26 | | policy. Nothing in this definition prohibits an individual from |
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| 1 | | also meeting the definition "supervisor" under subsection (r) | 2 | | of this Section.
| 3 | | (k) "Peace officer" means, for the purposes of this Act | 4 | | only, any
persons who have been or are hereafter appointed to a | 5 | | police force,
department, or agency and sworn or commissioned | 6 | | to perform police duties,
except that the following persons are | 7 | | not
included: part-time police
officers, special police | 8 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 9 | | the Illinois Municipal Code, night watchmen, "merchant | 10 | | police",
court security officers as defined by Section 3-6012.1 | 11 | | of the Counties
Code,
temporary employees, traffic guards or | 12 | | wardens, civilian parking meter and
parking facilities | 13 | | personnel or other individuals specially appointed to
aid or | 14 | | direct traffic at or near schools or public functions or to aid | 15 | | in
civil defense or disaster, parking enforcement employees who | 16 | | are not
commissioned as peace officers and who are not armed | 17 | | and who are not
routinely expected to effect arrests, parking | 18 | | lot attendants, clerks and
dispatchers or other civilian | 19 | | employees of a police department who are not
routinely expected | 20 | | to effect arrests, or elected officials.
| 21 | | (l) "Person" includes one or more individuals, labor | 22 | | organizations, public
employees, associations, corporations, | 23 | | legal representatives, trustees,
trustees in bankruptcy, | 24 | | receivers, or the State of Illinois or any political
| 25 | | subdivision of the State or governing body, but does not | 26 | | include the General
Assembly of the State of Illinois or any |
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| 1 | | individual employed by the General
Assembly of the State of | 2 | | Illinois.
| 3 | | (m) "Professional employee" means any employee engaged in | 4 | | work predominantly
intellectual and varied in character rather | 5 | | than routine mental, manual,
mechanical or physical work; | 6 | | involving the consistent exercise of discretion
and adjustment | 7 | | in its performance; of such a character that the output | 8 | | produced
or the result accomplished cannot be standardized in | 9 | | relation to a given
period of time; and requiring advanced | 10 | | knowledge in a field of science or
learning customarily | 11 | | acquired by a prolonged course of specialized intellectual
| 12 | | instruction and study in an institution of higher learning or a | 13 | | hospital,
as distinguished from a general academic education or | 14 | | from apprenticeship
or from training in the performance of | 15 | | routine mental, manual, or physical
processes; or any employee | 16 | | who has completed the courses of specialized
intellectual | 17 | | instruction and study prescribed in this subsection (m) and is
| 18 | | performing related
work under the supervision of a professional | 19 | | person to qualify to become
a professional employee as defined | 20 | | in this subsection (m).
| 21 | | (n) "Public employee" or "employee", for the purposes of | 22 | | this Act, means
any individual employed by a public employer, | 23 | | including (i) interns and residents
at public hospitals, (ii) | 24 | | as of the effective date of this amendatory Act of the 93rd | 25 | | General
Assembly, but not
before, personal care attendants and | 26 | | personal assistants working under the Home
Services
Program |
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| 1 | | under Section 3 of the Disabled Persons Rehabilitation Act, | 2 | | subject to
the
limitations set forth in this Act and in the | 3 | | Disabled Persons Rehabilitation
Act,
and (iii) as of the | 4 | | effective date of this amendatory Act of the 94th General | 5 | | Assembly, but not before, child and day care home providers | 6 | | participating in the child care assistance program under | 7 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 8 | | limitations set forth in this Act and in Section 9A-11 of the | 9 | | Illinois Public Aid Code , and (iv) beginning on the effective | 10 | | date of this amendatory Act of the 98th General Assembly and | 11 | | notwithstanding any other provision of this Act, any person | 12 | | employed by a public employer and who is classified as or who | 13 | | holds the employment title of Chief Stationary Engineer, | 14 | | Assistant Chief Stationary Engineer, Sewage Plant Operator, | 15 | | Water Plant Operator, Stationary Engineer, or Plant Operating | 16 | | Engineer , but excluding all of the following: employees of the
| 17 | | General Assembly of the State of Illinois; elected officials; | 18 | | executive
heads of a department; members of boards or | 19 | | commissions; the Executive
Inspectors General; any special | 20 | | Executive Inspectors General; employees of each
Office of an | 21 | | Executive Inspector General;
commissioners and employees of | 22 | | the Executive Ethics Commission; the Auditor
General's | 23 | | Inspector General; employees of the Office of the Auditor | 24 | | General's
Inspector General; the Legislative Inspector | 25 | | General; any special Legislative
Inspectors General; employees | 26 | | of the Office
of the Legislative Inspector General;
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| 1 | | commissioners and employees of the Legislative Ethics | 2 | | Commission;
employees
of any
agency, board or commission | 3 | | created by this Act; employees appointed to
State positions of | 4 | | a temporary or emergency nature; all employees of school
| 5 | | districts and higher education institutions except | 6 | | firefighters and peace
officers employed
by a state university | 7 | | and except peace officers employed by a school district in its | 8 | | own police department in existence on the effective date of | 9 | | this amendatory Act of the 96th General Assembly; managerial | 10 | | employees; short-term employees;
legislative liaisons; a | 11 | | person who is a State employee under the jurisdiction of the | 12 | | Office of the Attorney General who is licensed to practice law | 13 | | or whose position authorizes, either directly or indirectly, | 14 | | meaningful input into government decision-making on issues | 15 | | where there is room for principled disagreement on goals or | 16 | | their implementation; a person who is a State employee under | 17 | | the jurisdiction of the Office of the Comptroller who holds the | 18 | | position of Public Service Administrator or whose position is | 19 | | otherwise exempt under the Comptroller Merit Employment Code; a | 20 | | person who is a State employee under the jurisdiction of the | 21 | | Secretary of State who holds the position classification of | 22 | | Executive I or higher, whose position authorizes, either | 23 | | directly or indirectly, meaningful input into government | 24 | | decision-making on issues where there is room for principled | 25 | | disagreement on goals or their implementation, or who is | 26 | | otherwise exempt under the Secretary of State Merit Employment |
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| 1 | | Code; employees in the Office of the Secretary of State who are | 2 | | completely exempt from jurisdiction B of the Secretary of State | 3 | | Merit Employment Code and who are in Rutan-exempt positions on | 4 | | or after the effective date of this amendatory Act of the 97th | 5 | | General Assembly; a person who is a State employee under the | 6 | | jurisdiction of the Treasurer who holds a position that is | 7 | | exempt from the State Treasurer Employment Code; any employee | 8 | | of a State agency who (i) holds the title or position of, or | 9 | | exercises substantially similar duties as a, legislative | 10 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 11 | | Executive Director, Agency Deputy Director, Agency Chief | 12 | | Fiscal Officer, Agency Human Resources Director, Public | 13 | | Information Officer, or Chief Information Officer and (ii) was | 14 | | neither included in a bargaining unit nor subject to an active | 15 | | petition for certification in a bargaining unit; any employee | 16 | | of a State agency who (i) is in a position that is | 17 | | Rutan-exempt, as designated by the employer, and completely | 18 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 19 | | neither included in a bargaining unit nor subject to an active | 20 | | petition for certification in a bargaining unit; any term | 21 | | appointed employee of a State agency pursuant to Section 8b.18 | 22 | | or 8b.19 of the Personnel Code who was neither included in a | 23 | | bargaining unit nor subject to an active petition for | 24 | | certification in a bargaining unit; any employment position | 25 | | properly designated pursuant to Section 6.1 of this Act; | 26 | | confidential employees; independent contractors; and |
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| 1 | | supervisors except as
provided in this Act.
| 2 | | Personal care attendants and personal assistants shall not | 3 | | be considered
public
employees for any purposes not | 4 | | specifically provided for in the amendatory Act
of the
93rd | 5 | | General Assembly, including but not limited to, purposes of | 6 | | vicarious
liability in tort
and purposes of statutory | 7 | | retirement or health insurance benefits. Personal
care
| 8 | | attendants and personal assistants shall not be covered by the | 9 | | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| 10 | | Child and day care home providers shall not be considered | 11 | | public employees for any purposes not specifically provided for | 12 | | in this amendatory Act of the 94th General Assembly, including | 13 | | but not limited to, purposes of vicarious liability in tort and | 14 | | purposes of statutory retirement or health insurance benefits. | 15 | | Child and day care home providers shall not be covered by the | 16 | | State Employees Group Insurance Act of 1971. | 17 | | Notwithstanding Section 9, subsection (c), or any other | 18 | | provisions of
this Act, all peace officers above the rank of | 19 | | captain in
municipalities with more than 1,000,000 inhabitants | 20 | | shall be excluded
from this Act.
| 21 | | (o) Except as otherwise in subsection (o-5), "public | 22 | | employer" or "employer" means the State of Illinois; any
| 23 | | political subdivision of the State, unit of local government or | 24 | | school
district; authorities including departments, divisions, | 25 | | bureaus, boards,
commissions, or other agencies of the | 26 | | foregoing entities; and any person
acting within the scope of |
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| 1 | | his or her authority, express or implied, on
behalf of those | 2 | | entities in dealing with its employees.
As of the effective | 3 | | date of the amendatory Act of the 93rd General Assembly,
but | 4 | | not
before, the State of Illinois shall be considered the | 5 | | employer of the personal
care
attendants and personal | 6 | | assistants working under the Home Services Program
under
| 7 | | Section 3 of the Disabled Persons Rehabilitation Act, subject | 8 | | to the
limitations set forth
in this Act and in the Disabled | 9 | | Persons Rehabilitation Act. The State shall not
be
considered | 10 | | to be the employer of personal care attendants and personal
| 11 | | assistants for any
purposes not specifically provided for in | 12 | | this amendatory Act of the 93rd
General
Assembly, including but | 13 | | not limited to, purposes of vicarious liability in tort
and
| 14 | | purposes of statutory retirement or health insurance benefits. | 15 | | Personal care
attendants
and personal assistants shall not be | 16 | | covered by the State Employees Group
Insurance Act of 1971
(5 | 17 | | ILCS 375/).
As of the effective date of this amendatory Act of | 18 | | the 94th General Assembly but not before, the State of Illinois | 19 | | shall be considered the employer of the day and child care home | 20 | | providers participating in the child care assistance program | 21 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 22 | | the limitations set forth in this Act and in Section 9A-11 of | 23 | | the Illinois Public Aid Code. The State shall not be considered | 24 | | to be the employer of child and day care home providers for any | 25 | | purposes not specifically provided for in this amendatory Act | 26 | | of the 94th General Assembly, including but not limited to, |
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| 1 | | purposes of vicarious liability in tort and purposes of | 2 | | statutory retirement or health insurance benefits. Child and | 3 | | day care home providers shall not be covered by the State | 4 | | Employees Group Insurance Act of 1971. | 5 | | "Public employer" or
"employer" as used in this Act, | 6 | | however, does not
mean and shall not include the General | 7 | | Assembly of the State of Illinois,
the Executive Ethics | 8 | | Commission, the Offices of the Executive Inspectors
General, | 9 | | the Legislative Ethics Commission, the Office of the | 10 | | Legislative
Inspector General, the Office of the Auditor | 11 | | General's Inspector General, the Office of the Governor, the | 12 | | Governor's Office of Management and Budget, the Illinois | 13 | | Finance Authority, the Office of the Lieutenant Governor, the | 14 | | State Board of Elections,
and educational employers or | 15 | | employers as defined in the Illinois
Educational Labor | 16 | | Relations Act, except with respect to a state university in
its | 17 | | employment of firefighters and peace officers and except with | 18 | | respect to a school district in the employment of peace | 19 | | officers in its own police department in existence on the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly. County boards and county
sheriffs shall be
designated | 22 | | as joint or co-employers of county peace officers appointed
| 23 | | under the authority of a county sheriff. Nothing in this | 24 | | subsection
(o) shall be construed
to prevent the State Panel or | 25 | | the Local Panel
from determining that employers are joint or | 26 | | co-employers.
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| 1 | | (o-5) With respect to
wages, fringe
benefits, hours, | 2 | | holidays, vacations, proficiency
examinations, sick leave, and | 3 | | other conditions of
employment, the public employer of public | 4 | | employees who are court reporters, as
defined in the Court | 5 | | Reporters Act, shall be determined as
follows:
| 6 | | (1) For court reporters employed by the Cook County | 7 | | Judicial
Circuit, the chief judge of the Cook County | 8 | | Circuit
Court is the public employer and employer | 9 | | representative.
| 10 | | (2) For court reporters employed by the 12th, 18th, | 11 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 12 | | circuits, a group consisting of the chief judges of those | 13 | | circuits, acting
jointly by majority vote, is the public | 14 | | employer and employer representative.
| 15 | | (3) For court reporters employed by all other judicial | 16 | | circuits,
a group consisting of the chief judges of those | 17 | | circuits, acting jointly by
majority vote, is the public | 18 | | employer and employer representative.
| 19 | | (p) "Security employee" means an employee who is | 20 | | responsible for the
supervision and control of inmates at | 21 | | correctional facilities. The term
also includes other | 22 | | non-security employees in bargaining units having the
majority | 23 | | of employees being responsible for the supervision and control | 24 | | of
inmates at correctional facilities.
| 25 | | (q) "Short-term employee" means an employee who is employed | 26 | | for less
than 2 consecutive calendar quarters during a calendar |
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| 1 | | year and who does
not have a reasonable assurance that he or | 2 | | she will be rehired by the
same employer for the same service | 3 | | in a subsequent calendar year.
| 4 | | (q-5) "State agency" means an agency directly responsible | 5 | | to the Governor, as defined in Section 3.1 of the Executive | 6 | | Reorganization Implementation Act, and the Illinois Commerce | 7 | | Commission, the Illinois Workers' Compensation Commission, the | 8 | | Civil Service Commission, the Pollution Control Board, the | 9 | | Illinois Racing Board, and the Department of State Police Merit | 10 | | Board. | 11 | | (r) "Supervisor" is: | 12 | | (1) An employee whose principal work is substantially
| 13 | | different from that of his or her subordinates and who has | 14 | | authority, in the
interest of the employer, to hire, | 15 | | transfer, suspend, lay off, recall,
promote, discharge, | 16 | | direct, reward, or discipline employees, to adjust
their | 17 | | grievances, or to effectively recommend any of those | 18 | | actions, if the
exercise
of that authority is not of a | 19 | | merely routine or clerical nature, but
requires the | 20 | | consistent use of independent judgment. Except with | 21 | | respect to
police employment, the term "supervisor" | 22 | | includes only those individuals
who devote a preponderance | 23 | | of their employment time to exercising that
authority, | 24 | | State supervisors notwithstanding. Nothing in this | 25 | | definition prohibits an individual from also meeting the | 26 | | definition of "managerial employee" under subsection (j) |
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| 1 | | of this Section. In addition, in determining
supervisory | 2 | | status in police employment, rank shall not be | 3 | | determinative.
The Board shall consider, as evidence of | 4 | | bargaining unit inclusion or
exclusion, the common law | 5 | | enforcement policies and relationships between
police | 6 | | officer ranks and certification under applicable civil | 7 | | service law,
ordinances, personnel codes, or Division 2.1 | 8 | | of Article 10 of the Illinois
Municipal Code, but these | 9 | | factors shall not
be the sole or predominant factors | 10 | | considered by the Board in determining
police supervisory | 11 | | status.
| 12 | | Notwithstanding the provisions of the preceding | 13 | | paragraph, in determining
supervisory status in fire | 14 | | fighter employment, no fire fighter shall be
excluded as a | 15 | | supervisor who has established representation rights under
| 16 | | Section 9 of this Act. Further, in new fire fighter units, | 17 | | employees shall
consist of fire fighters of the rank of | 18 | | company officer and below. If a company officer otherwise | 19 | | qualifies as a supervisor under the preceding paragraph, | 20 | | however, he or she shall
not be included in the fire | 21 | | fighter
unit. If there is no rank between that of chief and | 22 | | the
highest company officer, the employer may designate a | 23 | | position on each
shift as a Shift Commander, and the | 24 | | persons occupying those positions shall
be supervisors. | 25 | | All other ranks above that of company officer shall be
| 26 | | supervisors.
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| 1 | | (2) With respect only to State employees in positions | 2 | | under the jurisdiction of the Attorney General, Secretary | 3 | | of State, Comptroller, or Treasurer (i) that were certified | 4 | | in a bargaining unit on or after December 2, 2008, (ii) for | 5 | | which a petition is filed with the Illinois Public Labor | 6 | | Relations Board on or after the effective date of this | 7 | | amendatory Act of the 97th General Assembly, or (iii) for | 8 | | which a petition is pending before the Illinois Public | 9 | | Labor Relations Board on that date, an employee who | 10 | | qualifies as a supervisor under (A) Section 152 of the | 11 | | National Labor Relations Act and (B) orders of the National | 12 | | Labor Relations Board interpreting that provision or | 13 | | decisions of courts reviewing decisions of the National | 14 | | Labor Relations Board. | 15 | | (s) (1) "Unit" means a class of jobs or positions that are | 16 | | held by
employees whose collective interests may suitably | 17 | | be represented by a labor
organization for collective | 18 | | bargaining. Except with respect to non-State fire
fighters | 19 | | and paramedics employed by fire departments and fire | 20 | | protection
districts, non-State peace officers, and peace | 21 | | officers in the Department of
State Police, a bargaining | 22 | | unit determined by the Board shall not include both
| 23 | | employees and supervisors, or supervisors only, except as | 24 | | provided in paragraph
(2) of this subsection (s) and except | 25 | | for bargaining units in existence on July
1, 1984 (the | 26 | | effective date of this Act). With respect to non-State fire
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| 1 | | fighters and paramedics employed by fire departments and | 2 | | fire protection
districts, non-State peace officers, and | 3 | | peace officers in the Department of
State Police, a | 4 | | bargaining unit determined by the Board shall not include | 5 | | both
supervisors and nonsupervisors, or supervisors only, | 6 | | except as provided in
paragraph (2) of this subsection (s) | 7 | | and except for bargaining units in
existence on January 1, | 8 | | 1986 (the effective date of this amendatory Act of
1985). A | 9 | | bargaining unit determined by the Board to contain peace | 10 | | officers
shall contain no employees other than peace | 11 | | officers unless otherwise agreed to
by the employer and the | 12 | | labor organization or labor organizations involved.
| 13 | | Notwithstanding any other provision of this Act, a | 14 | | bargaining unit, including a
historical bargaining unit, | 15 | | containing sworn peace officers of the Department
of | 16 | | Natural Resources (formerly designated the Department of | 17 | | Conservation) shall
contain no employees other than such | 18 | | sworn peace officers upon the effective
date of this | 19 | | amendatory Act of 1990 or upon the expiration date of any
| 20 | | collective bargaining agreement in effect upon the | 21 | | effective date of this
amendatory Act of 1990 covering both | 22 | | such sworn peace officers and other
employees.
| 23 | | (2) Notwithstanding the exclusion of supervisors from | 24 | | bargaining units
as provided in paragraph (1) of this | 25 | | subsection (s), a public
employer may agree to permit its | 26 | | supervisory employees to form bargaining units
and may |
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| 1 | | bargain with those units. This Act shall apply if the | 2 | | public employer
chooses to bargain under this subsection.
| 3 | | (3) Public employees who are court reporters, as | 4 | | defined
in the Court Reporters Act,
shall be divided into 3 | 5 | | units for collective bargaining purposes. One unit
shall be | 6 | | court reporters employed by the Cook County Judicial | 7 | | Circuit; one
unit shall be court reporters employed by the | 8 | | 12th, 18th, 19th, and, on and after December 4, 2006, the | 9 | | 22nd judicial
circuits; and one unit shall be court | 10 | | reporters employed by all other
judicial circuits.
| 11 | | (t) "Active petition for certification in a bargaining | 12 | | unit" means a petition for certification filed with the Board | 13 | | under one of the following case numbers: S-RC-11-110; | 14 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 15 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 16 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 17 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 18 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 19 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 20 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 21 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 22 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 23 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 24 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 25 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 26 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
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| 1 | | S-RC-07-100. | 2 | | (Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
| 3 | | (5 ILCS 315/6.1) | 4 | | Sec. 6.1. Gubernatorial designation of certain public | 5 | | employment positions as excluded from collective bargaining. | 6 | | (a) Notwithstanding any provision of this Act to the | 7 | | contrary, except subsection (e) of this Section, the Governor | 8 | | is authorized to designate up to 3,580 State employment | 9 | | positions collectively within State agencies directly | 10 | | responsible to the Governor, and, upon designation, those | 11 | | positions and employees in those positions, if any, are hereby | 12 | | excluded from the self-organization and collective bargaining | 13 | | provisions of Section 6 of this Act. Only those employment | 14 | | positions that have been certified in a bargaining unit on or | 15 | | after December 2, 2008, that have a pending petition for | 16 | | certification in a bargaining unit on the effective date of | 17 | | this amendatory Act of the 97th General Assembly, or that | 18 | | neither have been certified in a bargaining unit on or after | 19 | | December 2, 2008 nor have a pending petition for certification | 20 | | in a bargaining unit on the effective date of this amendatory | 21 | | Act of the 97th General Assembly are eligible to be designated | 22 | | by the Governor under this Section. The Governor may not | 23 | | designate under this Section, however, more than 1,900 | 24 | | employment positions that have been certified in a bargaining | 25 | | unit on or after December 2, 2008. |
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| 1 | | (b) In order to properly designate a State employment | 2 | | position under this Section, the Governor shall provide in | 3 | | writing to the Board: the job title and job duties of the | 4 | | employment position; the name of the State employee currently | 5 | | in the employment position, if any; the name of the State | 6 | | agency employing the public employee; and the category under | 7 | | which the position qualifies for designation under this | 8 | | Section. | 9 | | To qualify for designation under this Section, the | 10 | | employment position must meet one or more of the following | 11 | | requirements: | 12 | | (1) it must authorize an employee in that position to | 13 | | act as a legislative liaison; | 14 | | (2) it must have a title of, or authorize a person who | 15 | | holds that position to exercise substantially similar | 16 | | duties as an, Agency General Counsel, Agency Chief of | 17 | | Staff, Agency Executive Director, Agency Deputy Director, | 18 | | Agency Chief Fiscal Officer, Agency Human Resources | 19 | | Director, Senior Public Service Administrator, Public | 20 | | Information Officer, or Chief Information Officer; | 21 | | (3) it must be a Rutan-exempt, as designated by the | 22 | | employer, position and completely exempt from jurisdiction | 23 | | B of the Personnel Code; | 24 | | (4) it must be a term appointed position pursuant to | 25 | | Section 8b.18 or 8b.19 of the Personnel Code; or | 26 | | (5) it must authorize an employee in that position to |
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| 1 | | have significant and independent discretionary authority | 2 | | as an employee. | 3 | | Within 60 days after the Governor makes a designation under | 4 | | this Section, the Board shall determine, in a manner that is | 5 | | consistent with the requirements of due process, whether the | 6 | | designation comports with the requirements of this Section. | 7 | | (c) For the purposes of this Section, a person has | 8 | | significant and independent discretionary authority as an | 9 | | employee if he or she (i) is engaged in executive and | 10 | | management functions of a State agency and charged with the | 11 | | effectuation of management policies and practices of a State | 12 | | agency or represents management interests by taking or | 13 | | recommending discretionary actions that effectively control or | 14 | | implement the policy of a State agency or (ii) qualifies as a | 15 | | supervisor of a State agency as that term is defined under | 16 | | Section 152 of the National Labor Relations Act or any orders | 17 | | of the National Labor Relations Board interpreting that | 18 | | provision or decisions of courts reviewing decisions of the | 19 | | National Labor Relations Board. | 20 | | (d) The Governor must exercise the authority afforded under | 21 | | this Section within 365 calendar days after the effective date | 22 | | of this amendatory Act of the 97th General Assembly. Any | 23 | | designation made by the Governor under this Section shall be | 24 | | presumed to have been properly made. | 25 | | If the Governor chooses not to designate a position under | 26 | | this Section, then that decision does not preclude a State |
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| 1 | | agency from otherwise challenging the certification of that | 2 | | position under this Act. | 3 | | The qualifying categories set forth in paragraphs (1) | 4 | | through (5) of subsection (b) of this Section are operative and | 5 | | function solely within this Section and do not expand or | 6 | | restrict the scope of any other provision contained in this | 7 | | Act.
| 8 | | (e) The provisions of this Section do not apply to any | 9 | | employee who is employed by a public employer and who is | 10 | | classified as, or holds the employment title of, Chief | 11 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 12 | | Sewage Plant Operator, Water Plant Operator, Stationary | 13 | | Engineer, or Plant Operating Engineer. | 14 | | (Source: 09700SB1556ham002.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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