Full Text of SB0525 102nd General Assembly
SB0525sam002 102ND GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 4/26/2021
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| 1 | | AMENDMENT TO SENATE BILL 525
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 525 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 Sections 3, 9, and 21.5 as follows: | 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 7 | | Sec. 3. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, | 10 | | with respect to a matter over which the
jurisdiction of the | 11 | | Board is assigned to the State Panel or the Local Panel
under | 12 | | Section 5, the panel having jurisdiction over the matter.
| 13 | | (b) "Collective bargaining" means bargaining over terms | 14 | | and conditions
of employment, including hours, wages, and | 15 | | other conditions of employment,
as detailed in Section 7 and | 16 | | which are not excluded by Section 4.
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| 1 | | (c) "Confidential employee" means an employee who, in the | 2 | | regular course
of his or her duties, assists and acts in a | 3 | | confidential capacity to persons
who formulate, determine, and | 4 | | effectuate management policies with regard
to labor relations | 5 | | or who, in the regular course of his or her duties, has
| 6 | | authorized access to information relating to the effectuation
| 7 | | or review of the employer's collective bargaining policies.
| 8 | | Determinations of confidential employee status shall be based | 9 | | on actual employee job duties and not solely on written job | 10 | | descriptions.
| 11 | | (d) "Craft employees" means skilled journeymen, crafts | 12 | | persons, and their
apprentices and helpers.
| 13 | | (e) "Essential services employees" means those public | 14 | | employees
performing functions so essential that the | 15 | | interruption or termination of
the function will constitute a | 16 | | clear and present danger to the health and
safety of the | 17 | | persons in the affected community.
| 18 | | (f) "Exclusive representative", except with respect to | 19 | | non-State fire
fighters and paramedics employed by fire | 20 | | departments and fire protection
districts, non-State peace | 21 | | officers, and peace officers in the
Department of State | 22 | | Police, means the labor organization that has
been (i) | 23 | | designated by the Board as the representative of a majority of | 24 | | public
employees in an appropriate bargaining unit in | 25 | | accordance with the procedures
contained in this Act, (ii) | 26 | | historically
recognized by the State of Illinois or
any |
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| 1 | | political subdivision of the State before July 1, 1984
(the | 2 | | effective date of this
Act) as the exclusive representative of | 3 | | the employees in an appropriate
bargaining unit, (iii) after | 4 | | July 1, 1984 (the
effective date of this Act) recognized by an
| 5 | | employer upon evidence, acceptable to the Board, that the | 6 | | labor
organization has been designated as the exclusive | 7 | | representative by a
majority of the employees in an | 8 | | appropriate bargaining unit;
(iv) recognized as the exclusive | 9 | | representative of personal
assistants under Executive Order | 10 | | 2003-8 prior to the effective date of this
amendatory
Act of | 11 | | the 93rd General Assembly, and the organization shall be | 12 | | considered to
be the
exclusive representative of the personal | 13 | | assistants
as defined
in this Section; or (v) recognized as | 14 | | the exclusive representative of child and day care home | 15 | | providers, including licensed and license exempt providers, | 16 | | pursuant to an election held under Executive Order 2005-1 | 17 | | prior to the effective date of this amendatory Act of the 94th | 18 | | General Assembly, and the organization shall be considered to | 19 | | be the exclusive representative of the child and day care home | 20 | | providers as defined in this Section.
| 21 | | With respect to non-State fire fighters and paramedics | 22 | | employed by fire
departments and fire protection districts, | 23 | | non-State peace officers, and
peace officers in the Department | 24 | | of State Police,
"exclusive representative" means the labor | 25 | | organization that has
been (i) designated by the Board as the | 26 | | representative of a majority of peace
officers or fire |
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| 1 | | fighters in an appropriate bargaining unit in accordance
with | 2 | | the procedures contained in this Act, (ii)
historically | 3 | | recognized
by the State of Illinois or any political | 4 | | subdivision of the State before
January 1, 1986 (the effective | 5 | | date of this amendatory Act of 1985) as the exclusive
| 6 | | representative by a majority of the peace officers or fire | 7 | | fighters in an
appropriate bargaining unit, or (iii) after | 8 | | January 1,
1986 (the effective date of this amendatory
Act of | 9 | | 1985) recognized by an employer upon evidence, acceptable to | 10 | | the
Board, that the labor organization has been designated as | 11 | | the exclusive
representative by a majority of the peace | 12 | | officers or fire fighters in an
appropriate bargaining unit.
| 13 | | Where a historical pattern of representation exists for | 14 | | the workers of a water system that was owned by a public | 15 | | utility, as defined in Section 3-105 of the Public Utilities | 16 | | Act, prior to becoming certified employees of a municipality | 17 | | or municipalities once the municipality or municipalities have | 18 | | acquired the water system as authorized in Section 11-124-5 of | 19 | | the Illinois Municipal Code, the Board shall find the labor | 20 | | organization that has historically represented the workers to | 21 | | be the exclusive representative under this Act, and shall find | 22 | | the unit represented by the exclusive representative to be the | 23 | | appropriate unit. | 24 | | (g) "Fair share agreement" means an agreement between the | 25 | | employer and
an employee organization under which all or any | 26 | | of the employees in a
collective bargaining unit are required |
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| 1 | | to pay their proportionate share of
the costs of the | 2 | | collective bargaining process, contract administration, and
| 3 | | pursuing matters affecting wages, hours, and other conditions | 4 | | of employment,
but not to exceed the amount of dues uniformly | 5 | | required of members. The
amount certified by the exclusive | 6 | | representative shall not include any fees
for contributions | 7 | | related to the election or support of any candidate for
| 8 | | political office. Nothing in this subsection (g) shall
| 9 | | preclude an employee from making
voluntary political | 10 | | contributions in conjunction with his or her fair share
| 11 | | payment.
| 12 | | (g-1) "Fire fighter" means, for the purposes of this Act | 13 | | only, any
person who has been or is hereafter appointed to a | 14 | | fire department or fire
protection district or employed by a | 15 | | state university and sworn or
commissioned to perform fire | 16 | | fighter duties or paramedic duties, including paramedics | 17 | | employed by a unit of local government, except that the
| 18 | | following persons are not included: part-time fire fighters,
| 19 | | auxiliary, reserve or voluntary fire fighters, including paid | 20 | | on-call fire
fighters, clerks and dispatchers or other | 21 | | civilian employees of a fire
department or fire protection | 22 | | district who are not routinely expected to
perform fire | 23 | | fighter duties, or elected officials.
| 24 | | (g-2) "General Assembly of the State of Illinois" means | 25 | | the
legislative branch of the government of the State of | 26 | | Illinois, as provided
for under Article IV of the Constitution |
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| 1 | | of the State of Illinois, and
includes but is not limited to | 2 | | the House of Representatives, the Senate,
the Speaker of the | 3 | | House of Representatives, the Minority Leader of the
House of | 4 | | Representatives, the President of the Senate, the Minority | 5 | | Leader
of the Senate, the Joint Committee on Legislative | 6 | | Support Services and any
legislative support services agency | 7 | | listed in the Legislative Commission
Reorganization Act of | 8 | | 1984.
| 9 | | (h) "Governing body" means, in the case of the State, the | 10 | | State Panel of
the Illinois Labor Relations Board, the | 11 | | Director of the Department of Central
Management Services, and | 12 | | the Director of the Department of Labor; the county
board in | 13 | | the case of a county; the corporate authorities in the case of | 14 | | a
municipality; and the appropriate body authorized to provide | 15 | | for expenditures
of its funds in the case of any other unit of | 16 | | government.
| 17 | | (i) "Labor organization" means any organization in which | 18 | | public employees
participate and that exists for the purpose, | 19 | | in whole or in part, of dealing
with a public employer | 20 | | concerning wages, hours, and other terms and conditions
of | 21 | | employment, including the settlement of grievances.
| 22 | | (i-5) "Legislative liaison" means a person who is an | 23 | | employee of a State agency, the Attorney General, the | 24 | | Secretary of State, the Comptroller, or the Treasurer, as the | 25 | | case may be, and whose job duties require the person to | 26 | | regularly communicate in the course of his or her employment |
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| 1 | | with any official or staff of the General Assembly of the State | 2 | | of Illinois for the purpose of influencing any legislative | 3 | | action. | 4 | | (j) "Managerial employee" means an individual who is | 5 | | engaged
predominantly in executive and management functions | 6 | | and is charged with the
responsibility of directing the | 7 | | effectuation of management policies
and practices. | 8 | | Determination of managerial employee status shall be based on | 9 | | actual employee job duties and not solely on written job | 10 | | descriptions. With respect only to State employees in | 11 | | positions under the jurisdiction of the Attorney General, | 12 | | Secretary of State, Comptroller, or Treasurer (i) that were | 13 | | certified in a bargaining unit on or after December 2, 2008, | 14 | | (ii) for which a petition is filed with the Illinois Public | 15 | | Labor Relations Board on or after April 5, 2013 (the effective | 16 | | date of Public Act 97-1172), or (iii) for which a petition is | 17 | | pending before the Illinois Public Labor Relations Board on | 18 | | that date, "managerial employee" means an individual who is | 19 | | engaged in executive and management functions or who is | 20 | | charged with the effectuation of management policies and | 21 | | practices or who represents management interests by taking or | 22 | | recommending discretionary actions that effectively control or | 23 | | implement policy. Nothing in this definition prohibits an | 24 | | individual from also meeting the definition of "supervisor" | 25 | | under subsection (r) of this Section.
| 26 | | (k) "Peace officer" means, for the purposes of this Act |
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| 1 | | only, any
persons who have been or are hereafter appointed to a | 2 | | police force,
department, or agency and sworn or commissioned | 3 | | to perform police duties,
except that the following persons | 4 | | are not
included: part-time police
officers, special police | 5 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 6 | | the Illinois Municipal Code, night watchmen, "merchant | 7 | | police",
court security officers as defined by Section | 8 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic | 9 | | guards or wardens, civilian parking meter and
parking | 10 | | facilities personnel or other individuals specially appointed | 11 | | to
aid or direct traffic at or near schools or public functions | 12 | | or to aid in
civil defense or disaster, parking enforcement | 13 | | employees who are not
commissioned as peace officers and who | 14 | | are not armed and who are not
routinely expected to effect | 15 | | arrests, parking lot attendants, clerks and
dispatchers or | 16 | | other civilian employees of a police department who are not
| 17 | | routinely expected to effect arrests, or elected officials.
| 18 | | (l) "Person" includes one or more individuals, labor | 19 | | organizations, public
employees, associations, corporations, | 20 | | legal representatives, trustees,
trustees in bankruptcy, | 21 | | receivers, or the State of Illinois or any political
| 22 | | subdivision of the State or governing body, but does not | 23 | | include the General
Assembly of the State of Illinois or any | 24 | | individual employed by the General
Assembly of the State of | 25 | | Illinois.
| 26 | | (m) "Professional employee" means any employee engaged in |
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| 1 | | work predominantly
intellectual and varied in character rather | 2 | | than routine mental, manual,
mechanical or physical work; | 3 | | involving the consistent exercise of discretion
and adjustment | 4 | | in its performance; of such a character that the output | 5 | | produced
or the result accomplished cannot be standardized in | 6 | | relation to a given
period of time; and requiring advanced | 7 | | knowledge in a field of science or
learning customarily | 8 | | acquired by a prolonged course of specialized intellectual
| 9 | | instruction and study in an institution of higher learning or | 10 | | a hospital,
as distinguished from a general academic education | 11 | | or from apprenticeship
or from training in the performance of | 12 | | routine mental, manual, or physical
processes; or any employee | 13 | | who has completed the courses of specialized
intellectual | 14 | | instruction and study prescribed in this subsection (m) and is
| 15 | | performing related
work under the supervision of a | 16 | | professional person to qualify to become
a professional | 17 | | employee as defined in this subsection (m).
| 18 | | (n) "Public employee" or "employee", for the purposes of | 19 | | this Act, means
any individual employed by a public employer, | 20 | | including (i) interns and residents
at public hospitals, (ii) | 21 | | as of the effective date of this amendatory Act of the 93rd | 22 | | General
Assembly, but not
before, personal assistants working | 23 | | under the Home
Services
Program under Section 3 of the | 24 | | Rehabilitation of Persons with Disabilities Act, subject to
| 25 | | the
limitations set forth in this Act and in the | 26 | | Rehabilitation of Persons with Disabilities
Act,
(iii) as of |
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| 1 | | the effective date of this amendatory Act of the 94th General | 2 | | Assembly, but not before, child and day care home providers | 3 | | participating in the child care assistance program under | 4 | | Section 9A-11 of the Illinois Public Aid Code, subject to the | 5 | | limitations set forth in this Act and in Section 9A-11 of the | 6 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the | 7 | | effective date of Public Act 97-1158), but not before except | 8 | | as otherwise provided in this subsection (n), home care and | 9 | | home health workers who function as personal assistants and | 10 | | individual maintenance home health workers and who also work | 11 | | under the Home Services Program under Section 3 of the | 12 | | Rehabilitation of Persons with Disabilities Act, no matter | 13 | | whether the State provides those services through direct | 14 | | fee-for-service arrangements, with the assistance of a managed | 15 | | care organization or other intermediary, or otherwise, (v) | 16 | | beginning on the effective date of this amendatory Act of the | 17 | | 98th General Assembly and notwithstanding any other provision | 18 | | of this Act, any person employed by a public employer and who | 19 | | is classified as or who holds the employment title of Chief | 20 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 21 | | Sewage Plant Operator, Water Plant Operator, Stationary | 22 | | Engineer, Plant Operating Engineer, and any other employee who | 23 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 24 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 25 | | Technical Manager III, Technical Manager IV, Technical Manager | 26 | | V, Technical Manager VI, Realty Specialist III, Realty |
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| 1 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 2 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 3 | | IV, or Technical Advisor V employed by the Department of | 4 | | Transportation who is in a position which is certified in a | 5 | | bargaining unit on or before the effective date of this | 6 | | amendatory Act of the 98th General Assembly, and (vi) | 7 | | beginning on the effective date of this amendatory Act of the | 8 | | 98th General Assembly and notwithstanding any other provision | 9 | | of this Act, any mental health administrator in the Department | 10 | | of Corrections who is classified as or who holds the position | 11 | | of Public Service Administrator (Option 8K), any employee of | 12 | | the Office of the Inspector General in the Department of Human | 13 | | Services who is classified as or who holds the position of | 14 | | Public Service Administrator (Option 7), any Deputy of | 15 | | Intelligence in the Department of Corrections who is | 16 | | classified as or who holds the position of Public Service | 17 | | Administrator (Option 7), and any employee of the Department | 18 | | of State Police who handles issues concerning the Illinois | 19 | | State Police Sex Offender Registry and who is classified as or | 20 | | holds the position of Public Service Administrator (Option 7), | 21 | | but excluding all of the following: employees of the
General | 22 | | Assembly of the State of Illinois; elected officials; | 23 | | executive
heads of a department; members of boards or | 24 | | commissions; the Executive
Inspectors General; any special | 25 | | Executive Inspectors General; employees of each
Office of an | 26 | | Executive Inspector General;
commissioners and employees of |
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| 1 | | the Executive Ethics Commission; the Auditor
General's | 2 | | Inspector General; employees of the Office of the Auditor | 3 | | General's
Inspector General; the Legislative Inspector | 4 | | General; any special Legislative
Inspectors General; employees | 5 | | of the Office
of the Legislative Inspector General;
| 6 | | commissioners and employees of the Legislative Ethics | 7 | | Commission;
employees
of any
agency, board or commission | 8 | | created by this Act; employees appointed to
State positions of | 9 | | a temporary or emergency nature; all employees of school
| 10 | | districts and higher education institutions except | 11 | | firefighters and peace
officers employed
by a state university | 12 | | and except peace officers employed by a school district in its | 13 | | own police department in existence on the effective date of | 14 | | this amendatory Act of the 96th General Assembly; managerial | 15 | | employees; short-term employees; legislative liaisons; a | 16 | | person who is a State employee under the jurisdiction of the | 17 | | Office of the Attorney General who is licensed to practice law | 18 | | or whose position authorizes, either directly or indirectly, | 19 | | meaningful input into government decision-making on issues | 20 | | where there is room for principled disagreement on goals or | 21 | | their implementation; a person who is a State employee under | 22 | | the jurisdiction of the Office of the Comptroller who holds | 23 | | the position of Public Service Administrator or whose position | 24 | | is otherwise exempt under the Comptroller Merit Employment | 25 | | Code; a person who is a State employee under the jurisdiction | 26 | | of the Secretary of State who holds the position |
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| 1 | | classification of Executive I or higher, whose position | 2 | | authorizes, either directly or indirectly, meaningful input | 3 | | into government decision-making on issues where there is room | 4 | | for principled disagreement on goals or their implementation, | 5 | | or who is otherwise exempt under the Secretary of State Merit | 6 | | Employment Code; employees in the Office of the Secretary of | 7 | | State who are completely exempt from jurisdiction B of the | 8 | | Secretary of State Merit Employment Code and who are in | 9 | | Rutan-exempt positions on or after April 5, 2013 (the | 10 | | effective date of Public Act 97-1172); a person who is a State | 11 | | employee under the jurisdiction of the Treasurer who holds a | 12 | | position that is exempt from the State Treasurer Employment | 13 | | Code; any employee of a State agency who (i) holds the title or | 14 | | position of, or exercises substantially similar duties as a | 15 | | legislative liaison, Agency General Counsel, Agency Chief of | 16 | | Staff, Agency Executive Director, Agency Deputy Director, | 17 | | Agency Chief Fiscal Officer, Agency Human Resources Director, | 18 | | Public Information Officer, or Chief Information Officer and | 19 | | (ii) was neither included in a bargaining unit nor subject to | 20 | | an active petition for certification in a bargaining unit; any | 21 | | employee of a State agency who (i) is in a position that is | 22 | | Rutan-exempt, as designated by the employer, and completely | 23 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 24 | | neither included in a bargaining unit nor subject to an active | 25 | | petition for certification in a bargaining unit; any term | 26 | | appointed employee of a State agency pursuant to Section 8b.18 |
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| 1 | | or 8b.19 of the Personnel Code who was neither included in a | 2 | | bargaining unit nor subject to an active petition for | 3 | | certification in a bargaining unit; any employment position | 4 | | properly designated pursuant to Section 6.1 of this Act;
| 5 | | confidential employees; independent contractors; and | 6 | | supervisors except as
provided in this Act.
| 7 | | Home care
and home health workers who function as personal | 8 | | assistants and individual maintenance home health workers and | 9 | | who also work under the Home Services Program under Section 3 | 10 | | of the Rehabilitation of Persons with Disabilities Act shall | 11 | | not be considered
public
employees for any purposes not | 12 | | specifically provided for in Public Act 93-204 or Public Act | 13 | | 97-1158, including but not limited to, purposes of vicarious
| 14 | | liability in tort
and purposes of statutory retirement or | 15 | | health insurance benefits. Home care and home health workers | 16 | | who function as personal assistants and individual maintenance | 17 | | home health workers and who also work under the Home Services | 18 | | Program under Section 3 of the Rehabilitation of Persons with | 19 | | Disabilities Act shall not be covered by the State Employees
| 20 | | Group
Insurance Act of 1971 (5 ILCS 375/).
| 21 | | Child and day care home providers shall not be considered | 22 | | public employees for any purposes not specifically provided | 23 | | for in this amendatory Act of the 94th General Assembly, | 24 | | including but not limited to, purposes of vicarious liability | 25 | | in tort and purposes of statutory retirement or health | 26 | | insurance benefits. Child and day care home providers shall |
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| 1 | | not be covered by the State Employees Group Insurance Act of | 2 | | 1971. | 3 | | Notwithstanding Section 9, subsection (c), or any other | 4 | | provisions of
this Act, all peace officers above the rank of | 5 | | captain in
municipalities with more than 1,000,000 inhabitants | 6 | | shall be excluded
from this Act.
| 7 | | (o) Except as otherwise in subsection (o-5), "public | 8 | | employer" or "employer" means the State of Illinois; any
| 9 | | political subdivision of the State, unit of local government | 10 | | or school
district; authorities including departments, | 11 | | divisions, bureaus, boards,
commissions, or other agencies of | 12 | | the foregoing entities; and any person
acting within the scope | 13 | | of his or her authority, express or implied, on
behalf of those | 14 | | entities in dealing with its employees.
As of the effective | 15 | | date of the amendatory Act of the 93rd General Assembly,
but | 16 | | not
before, the State of Illinois shall be considered the | 17 | | employer of the personal assistants working under the Home | 18 | | Services Program
under
Section 3 of the Rehabilitation of | 19 | | Persons with Disabilities Act, subject to the
limitations set | 20 | | forth
in this Act and in the Rehabilitation of Persons with | 21 | | Disabilities Act. As of January 29, 2013 (the effective date | 22 | | of Public Act 97-1158), but not before except as otherwise | 23 | | provided in this subsection (o), the State shall be considered | 24 | | the employer of home care and home health workers who function | 25 | | as personal assistants and individual maintenance home health | 26 | | workers and who also work under the Home Services Program |
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| 1 | | under Section 3 of the Rehabilitation of Persons with | 2 | | Disabilities Act, no matter whether the State provides those | 3 | | services through direct fee-for-service arrangements, with the | 4 | | assistance of a managed care organization or other | 5 | | intermediary, or otherwise, but subject to the limitations set | 6 | | forth in this Act and the Rehabilitation of Persons with | 7 | | Disabilities Act. The State shall not
be
considered to be the | 8 | | employer of home care and home health workers who function as | 9 | | personal
assistants and individual maintenance home health | 10 | | workers and who also work under the Home Services Program | 11 | | under Section 3 of the Rehabilitation of Persons with | 12 | | Disabilities Act, for any
purposes not specifically provided | 13 | | for in Public Act 93-204 or Public Act 97-1158, including but | 14 | | not limited to, purposes of vicarious liability in tort
and
| 15 | | purposes of statutory retirement or health insurance benefits. | 16 | | Home care and home health workers who function as
personal | 17 | | assistants and individual maintenance home health workers and | 18 | | who also work under the Home Services Program under Section 3 | 19 | | of the Rehabilitation of Persons with Disabilities Act shall | 20 | | not be covered by the State Employees Group
Insurance Act of | 21 | | 1971
(5 ILCS 375/).
As of the effective date of this amendatory | 22 | | Act of the 94th General Assembly but not before, the State of | 23 | | Illinois shall be considered the employer of the day and child | 24 | | care home providers participating in the child care assistance | 25 | | program under Section 9A-11 of the Illinois Public Aid Code, | 26 | | subject to the limitations set forth in this Act and in Section |
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| 1 | | 9A-11 of the Illinois Public Aid Code. The State shall not be | 2 | | considered to be the employer of child and day care home | 3 | | providers for any purposes not specifically provided for in | 4 | | this amendatory Act of the 94th General Assembly, including | 5 | | but not limited to, purposes of vicarious liability in tort | 6 | | and purposes of statutory retirement or health insurance | 7 | | benefits. Child and day care home providers shall not be | 8 | | covered by the State Employees Group Insurance Act of 1971. | 9 | | "Public employer" or
"employer" as used in this Act, | 10 | | however, does not
mean and shall not include the General | 11 | | Assembly of the State of Illinois,
the Executive Ethics | 12 | | Commission, the Offices of the Executive Inspectors
General, | 13 | | the Legislative Ethics Commission, the Office of the | 14 | | Legislative
Inspector General, the Office of the Auditor | 15 | | General's Inspector General, the Office of the Governor, the | 16 | | Governor's Office of Management and Budget, the Illinois | 17 | | Finance Authority, the Office of the Lieutenant Governor, the | 18 | | State Board of Elections, and educational employers or | 19 | | employers as defined in the Illinois
Educational Labor | 20 | | Relations Act, except with respect to a state university in
| 21 | | its employment of firefighters and peace officers and except | 22 | | with respect to a school district in the employment of peace | 23 | | officers in its own police department in existence on the | 24 | | effective date of this amendatory Act of the 96th General | 25 | | Assembly. County boards and county
sheriffs shall be
| 26 | | designated as joint or co-employers of county peace officers |
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| 1 | | appointed
under the authority of a county sheriff. Nothing in | 2 | | this subsection
(o) shall be construed
to prevent the State | 3 | | Panel or the Local Panel
from determining that employers are | 4 | | joint or co-employers.
| 5 | | (o-5) With respect to
wages, fringe
benefits, hours, | 6 | | holidays, vacations, proficiency
examinations, sick leave, and | 7 | | other conditions of
employment, the public employer of public | 8 | | employees who are court reporters, as
defined in the Court | 9 | | Reporters Act, shall be determined as
follows:
| 10 | | (1) For court reporters employed by the Cook County | 11 | | Judicial
Circuit, the chief judge of the Cook County | 12 | | Circuit
Court is the public employer and employer | 13 | | representative.
| 14 | | (2) For court reporters employed by the 12th, 18th, | 15 | | 19th, and, on and after December 4, 2006, the 22nd | 16 | | judicial
circuits, a group consisting of the chief judges | 17 | | of those circuits, acting
jointly by majority vote, is the | 18 | | public employer and employer representative.
| 19 | | (3) For court reporters employed by all other judicial | 20 | | circuits,
a group consisting of the chief judges of those | 21 | | circuits, acting jointly by
majority vote, is the public | 22 | | employer and employer representative.
| 23 | | (p) "Security employee" means an employee who is | 24 | | responsible for the
supervision and control of inmates at | 25 | | correctional facilities. The term
also includes other | 26 | | non-security employees in bargaining units having the
majority |
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| 1 | | of employees being responsible for the supervision and control | 2 | | of
inmates at correctional facilities.
| 3 | | (q) "Short-term employee" means an employee who is | 4 | | employed for less
than 2 consecutive calendar quarters during | 5 | | a calendar year and who does
not have a reasonable assurance | 6 | | that he or she will be rehired by the
same employer for the | 7 | | same service in a subsequent calendar year.
| 8 | | (q-5) "State agency" means an agency directly responsible | 9 | | to the Governor, as defined in Section 3.1 of the Executive | 10 | | Reorganization Implementation Act, and the Illinois Commerce | 11 | | Commission, the Illinois Workers' Compensation Commission, the | 12 | | Civil Service Commission, the Pollution Control Board, the | 13 | | Illinois Racing Board, and the Department of State Police | 14 | | Merit Board. | 15 | | (r) "Supervisor" is: | 16 | | (1) An employee whose principal work is substantially
| 17 | | different from that of his or her subordinates and who has | 18 | | authority, in the
interest of the employer, to hire, | 19 | | transfer, suspend, lay off, recall,
promote, discharge, | 20 | | direct, reward, or discipline employees, to adjust
their | 21 | | grievances, or to effectively recommend any of those | 22 | | actions, if the
exercise
of that authority is not of a | 23 | | merely routine or clerical nature, but
requires the | 24 | | consistent use of independent judgment. Except with | 25 | | respect to
police employment, the term "supervisor" | 26 | | includes only those individuals
who devote a preponderance |
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| 1 | | of their employment time to exercising that
authority, | 2 | | State supervisors notwithstanding. Determinations of | 3 | | supervisor status shall be based on actual employee job | 4 | | duties and not solely on written job descriptions. Nothing | 5 | | in this definition prohibits an individual from also | 6 | | meeting the definition of "managerial employee" under | 7 | | subsection (j) of this Section. In addition, in | 8 | | determining
supervisory status in police employment, rank | 9 | | shall not be determinative.
The Board shall consider, as | 10 | | evidence of bargaining unit inclusion or
exclusion, the | 11 | | common law enforcement policies and relationships between
| 12 | | police officer ranks and certification under applicable | 13 | | civil service law,
ordinances, personnel codes, or | 14 | | Division 2.1 of Article 10 of the Illinois
Municipal Code, | 15 | | but these factors shall not
be the sole or predominant | 16 | | factors considered by the Board in determining
police | 17 | | supervisory status.
| 18 | | Notwithstanding the provisions of the preceding | 19 | | paragraph, in determining
supervisory status in fire | 20 | | fighter employment, no fire fighter shall be
excluded as a | 21 | | supervisor who has established representation rights under
| 22 | | Section 9 of this Act. Further, in new fire fighter units, | 23 | | employees shall
consist of fire fighters of the rank of | 24 | | company officer and below. If a company officer otherwise | 25 | | qualifies as a supervisor under the preceding paragraph, | 26 | | however, he or she shall
not be included in the fire |
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| 1 | | fighter
unit. If there is no rank between that of chief and | 2 | | the
highest company officer, the employer may designate a | 3 | | position on each
shift as a Shift Commander, and the | 4 | | persons occupying those positions shall
be supervisors. | 5 | | All other ranks above that of company officer shall be
| 6 | | supervisors.
| 7 | | (2) With respect only to State employees in positions | 8 | | under the jurisdiction of the Attorney General, Secretary | 9 | | of State, Comptroller, or Treasurer (i) that were | 10 | | certified in a bargaining unit on or after December 2, | 11 | | 2008, (ii) for which a petition is filed with the Illinois | 12 | | Public Labor Relations Board on or after April 5, 2013 | 13 | | (the effective date of Public Act 97-1172), or (iii) for | 14 | | which a petition is pending before the Illinois Public | 15 | | Labor Relations Board on that date, an employee who | 16 | | qualifies as a supervisor under (A) Section 152 of the | 17 | | National Labor Relations Act and (B) orders of the | 18 | | National Labor Relations Board interpreting that provision | 19 | | or decisions of courts reviewing decisions of the National | 20 | | Labor Relations Board. | 21 | | (s)(1) "Unit" means a class of jobs or positions that are | 22 | | held by
employees whose collective interests may suitably be | 23 | | represented by a labor
organization for collective bargaining. | 24 | | Except with respect to non-State fire
fighters and paramedics | 25 | | employed by fire departments and fire protection
districts, | 26 | | non-State peace officers, and peace officers in the Department |
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| 1 | | of
State Police, a bargaining unit determined by the Board | 2 | | shall not include both
employees and supervisors, or | 3 | | supervisors only, except as provided in paragraph
(2) of this | 4 | | subsection (s) and except for bargaining units in existence on | 5 | | July
1, 1984 (the effective date of this Act). With respect to | 6 | | non-State fire
fighters and paramedics employed by fire | 7 | | departments and fire protection
districts, non-State peace | 8 | | officers, and peace officers in the Department of
State | 9 | | Police, a bargaining unit determined by the Board shall not | 10 | | include both
supervisors and nonsupervisors, or supervisors | 11 | | only, except as provided in
paragraph (2) of this subsection | 12 | | (s) and except for bargaining units in
existence on January 1, | 13 | | 1986 (the effective date of this amendatory Act of
1985). A | 14 | | bargaining unit determined by the Board to contain peace | 15 | | officers
shall contain no employees other than peace officers | 16 | | unless otherwise agreed to
by the employer and the labor | 17 | | organization or labor organizations involved.
Notwithstanding | 18 | | any other provision of this Act, a bargaining unit, including | 19 | | a
historical bargaining unit, containing sworn peace officers | 20 | | of the Department
of Natural Resources (formerly designated | 21 | | the Department of Conservation) shall
contain no employees | 22 | | other than such sworn peace officers upon the effective
date | 23 | | of this amendatory Act of 1990 or upon the expiration date of | 24 | | any
collective bargaining agreement in effect upon the | 25 | | effective date of this
amendatory Act of 1990 covering both | 26 | | such sworn peace officers and other
employees.
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| 1 | | (2) Notwithstanding the exclusion of supervisors from | 2 | | bargaining units
as provided in paragraph (1) of this | 3 | | subsection (s), a public
employer may agree to permit its | 4 | | supervisory employees to form bargaining units
and may bargain | 5 | | with those units. This Act shall apply if the public employer
| 6 | | chooses to bargain under this subsection.
| 7 | | (3) Public employees who are court reporters, as defined
| 8 | | in the Court Reporters Act,
shall be divided into 3 units for | 9 | | collective bargaining purposes. One unit
shall be court | 10 | | reporters employed by the Cook County Judicial Circuit; one
| 11 | | unit shall be court reporters employed by the 12th, 18th, | 12 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 13 | | circuits; and one unit shall be court reporters employed by | 14 | | all other
judicial circuits.
| 15 | | (t) "Active petition for certification in a bargaining | 16 | | unit" means a petition for certification filed with the Board | 17 | | under one of the following case numbers: S-RC-11-110; | 18 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 19 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 20 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 21 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 22 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 23 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 24 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 25 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 26 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
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| 1 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 2 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 3 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 4 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 5 | | S-RC-07-100. | 6 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
| 7 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 8 | | Sec. 9. Elections; recognition.
| 9 | | (a) Whenever in accordance with such
regulations as may be | 10 | | prescribed by the Board a petition has been filed:
| 11 | | (1) by a public employee or group of public employees | 12 | | or any labor
organization acting in their behalf | 13 | | demonstrating that 30% of the public
employees in an | 14 | | appropriate unit (A) wish to be represented for the
| 15 | | purposes of collective bargaining by a labor organization | 16 | | as exclusive
representative, or (B) asserting that the | 17 | | labor organization which has been
certified or is | 18 | | currently recognized by the public employer as bargaining
| 19 | | representative is no longer the representative of the | 20 | | majority of public
employees in the unit; or
| 21 | | (2) by a public employer alleging that one or more | 22 | | labor organizations
have presented to it a claim that they | 23 | | be recognized as the representative
of a majority of the | 24 | | public employees in an appropriate unit,
| 25 | | the Board
shall investigate such petition, and if it has |
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| 1 | | reasonable cause to believe
that a question of representation | 2 | | exists, shall provide for an appropriate
hearing upon due | 3 | | notice. Such hearing shall be held at the offices of
the Board | 4 | | or such other location as the Board deems appropriate.
If it | 5 | | finds upon the record of the hearing that a question of
| 6 | | representation exists, it shall direct an election in | 7 | | accordance with
subsection (d) of this Section, which election | 8 | | shall be held not later than
120 days after the date the | 9 | | petition was filed regardless of whether that
petition was | 10 | | filed before or after the effective date of this amendatory
| 11 | | Act of 1987; provided, however, the Board may extend the time | 12 | | for holding an
election by an additional 60 days if, upon | 13 | | motion by a person who has filed
a petition under this Section | 14 | | or is the subject of a petition filed under
this Section and is | 15 | | a party to such hearing, or upon the Board's own
motion, the | 16 | | Board finds that good cause has been shown for extending the
| 17 | | election date; provided further, that nothing in this Section | 18 | | shall prohibit
the Board, in its discretion, from extending | 19 | | the time for holding an
election for so long as may be | 20 | | necessary under the circumstances, where the
purpose for such | 21 | | extension is to permit resolution by the Board of an
unfair | 22 | | labor practice charge filed by one of the parties to a
| 23 | | representational proceeding against the other based upon | 24 | | conduct which may
either affect the existence of a question | 25 | | concerning representation or have
a tendency to interfere with | 26 | | a fair and free election, where the party
filing the charge has |
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| 1 | | not filed a request to proceed with the election; and
provided | 2 | | further that prior to the expiration of the total time | 3 | | allotted
for holding an election, a person who has filed a | 4 | | petition under this
Section or is the subject of a petition | 5 | | filed under this Section and is a
party to such hearing or the | 6 | | Board, may move for and obtain the entry
of an order in the | 7 | | circuit court of the county in which the majority of the
public | 8 | | employees sought to be represented by such person reside, such | 9 | | order
extending the date upon which the election shall be | 10 | | held. Such order shall
be issued by the circuit court only upon | 11 | | a judicial finding that there has
been a sufficient showing | 12 | | that there is good cause to extend the election
date beyond | 13 | | such period and shall require the Board to hold the
election as | 14 | | soon as is feasible given the totality of the circumstances.
| 15 | | Such 120 day period may be extended one or more times by the | 16 | | agreement
of all parties to the hearing to a date certain | 17 | | without the necessity of
obtaining a court order. Nothing in | 18 | | this Section prohibits the waiving
of hearings by stipulation | 19 | | for the purpose of a consent election in conformity
with the | 20 | | rules and regulations of the Board or an election in a unit | 21 | | agreed
upon by the parties. Other interested employee | 22 | | organizations may intervene
in the proceedings in the manner | 23 | | and within the time period specified by
rules and regulations | 24 | | of the Board. Interested parties who are necessary
to the | 25 | | proceedings may also intervene in the proceedings in the | 26 | | manner and
within the time period specified by the rules and |
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| 1 | | regulations of the Board.
| 2 | | (a-5) The Board shall designate an exclusive | 3 | | representative for purposes
of
collective bargaining when the | 4 | | representative demonstrates a showing of
majority interest by | 5 | | employees in the unit. If the parties to a dispute are
without
| 6 | | agreement on the means to ascertain the choice, if any, of | 7 | | employee
organization
as their representative, the Board shall | 8 | | ascertain the employees' choice of
employee organization, on | 9 | | the basis of dues deduction authorization or other
evidence, | 10 | | or, if necessary, by conducting an election. All evidence | 11 | | submitted by an employee organization to the Board to | 12 | | ascertain an employee's choice of an employee organization is | 13 | | confidential and shall not be submitted to the employer for | 14 | | review. The Board shall ascertain the employee's choice of | 15 | | employee organization within 120 days after the filing of the | 16 | | majority interest petition; however, the Board may extend time | 17 | | by an additional 60 days, upon its own motion or upon the | 18 | | motion of a party to the proceeding. If either party provides
| 19 | | to the Board, before the designation of a representative, | 20 | | clear and convincing
evidence that the dues deduction | 21 | | authorizations, and other evidence upon which
the Board would | 22 | | otherwise rely to ascertain the employees' choice of
| 23 | | representative, are fraudulent or were obtained through | 24 | | coercion, the Board
shall promptly thereafter conduct an | 25 | | election. The Board shall also investigate
and consider a | 26 | | party's allegations that the dues deduction authorizations and
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| 1 | | other evidence submitted in support of a designation of | 2 | | representative without
an election were subsequently changed, | 3 | | altered, withdrawn, or withheld as a
result of employer fraud, | 4 | | coercion, or any other unfair labor practice by the
employer. | 5 | | If the Board determines that a labor organization would have | 6 | | had a
majority interest but for an employer's fraud, coercion, | 7 | | or unfair labor
practice, it shall designate the labor | 8 | | organization as an exclusive
representative without conducting | 9 | | an
election. If a hearing is necessary to resolve any issues of | 10 | | representation under this Section, the Board shall conclude | 11 | | its hearing process and issue a certification of the entire | 12 | | appropriate unit not later than 120 days after the date the | 13 | | petition was filed. The 120-day period may be extended one or | 14 | | more times by the agreement of all parties to a hearing to a | 15 | | date certain.
| 16 | | (a-6) A labor organization or an employer may file a unit | 17 | | clarification petition seeking to clarify an existing | 18 | | bargaining unit. Unit clarification petitions may be filed if: | 19 | | (1) substantial changes occur in the duties and functions of | 20 | | an existing job title, raising an issue as to the title's unit | 21 | | placement; (2) an existing job title that is logically | 22 | | encompassed within the existing unit was inadvertently | 23 | | excluded by the parties at the time the unit was established; | 24 | | (3) a newly created job title is logically encompassed within | 25 | | an existing unit; (4) a significant change takes place in | 26 | | statutory or case law that affects the bargaining rights of |
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| 1 | | employees; (5) a determination needs to be made as to the unit | 2 | | placement of positions in dispute following a majority | 3 | | interest certification of representative issued under | 4 | | subsection (a-5); (6) a determination needs to be made as to | 5 | | the unit placement of positions in dispute following a | 6 | | certification of representative issued following a direction | 7 | | of election under subsection (d); (7) the parties have agreed | 8 | | to eliminate a position or title because the employer no | 9 | | longer uses it; (8) the parties have agreed to exclude some of | 10 | | the positions in a title or classification from a bargaining | 11 | | unit and include others; or (9) as prescribed in rules set by | 12 | | the Board. The Board shall conclude its investigation, | 13 | | including any hearing process deemed necessary, and issue a | 14 | | certification of clarified unit or dismiss the petition not | 15 | | later than 120 days after the date the petition was filed. The | 16 | | 120-day period may be extended one or more times by the | 17 | | agreement of all parties to a hearing to a date certain. | 18 | | (b) The Board shall decide in each case, in order to assure | 19 | | public employees
the fullest freedom in exercising the rights | 20 | | guaranteed by this Act, a unit
appropriate for the purpose of | 21 | | collective bargaining, based upon but not
limited to such | 22 | | factors as: historical pattern of recognition; community
of | 23 | | interest including employee skills and functions; degree of | 24 | | functional
integration; interchangeability and contact among | 25 | | employees; fragmentation
of employee groups; common | 26 | | supervision, wages, hours and other working
conditions of the |
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| 1 | | employees involved; and the desires of the employees.
For | 2 | | purposes of this subsection, fragmentation shall not be the | 3 | | sole or
predominant factor used by the Board in determining an | 4 | | appropriate
bargaining unit. Except 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 in | 10 | | existence on the effective date of this Act. 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 State Department of State | 14 | | Police, a single bargaining
unit determined by the Board may | 15 | | not include both supervisors and
nonsupervisors, except for | 16 | | bargaining units in existence on the effective
date of this | 17 | | amendatory Act of 1985.
| 18 | | In cases involving an historical pattern of recognition, | 19 | | and in cases where
the employer has recognized the union as the | 20 | | sole and exclusive bargaining
agent for a specified existing | 21 | | unit, the Board shall find the employees
in the unit then | 22 | | represented by the union pursuant to the recognition to
be the | 23 | | appropriate unit.
| 24 | | Notwithstanding the above factors, where the majority of | 25 | | public employees
of a craft so decide, the Board shall | 26 | | designate such craft as a unit
appropriate for the purposes of |
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| 1 | | collective bargaining.
| 2 | | The Board shall not decide that any unit is appropriate if | 3 | | such unit
includes both professional and nonprofessional | 4 | | employees, unless a majority
of each group votes for inclusion | 5 | | in such unit.
| 6 | | (c) Nothing in this Act shall interfere with or negate the | 7 | | current
representation rights or patterns and practices of | 8 | | labor organizations
which have historically represented public | 9 | | employees for the purpose of
collective bargaining, including | 10 | | but not limited to the negotiations of
wages, hours and | 11 | | working conditions, discussions of employees' grievances,
| 12 | | resolution of jurisdictional disputes, or the establishment | 13 | | and maintenance
of prevailing wage rates, unless a majority of | 14 | | employees so represented
express a contrary desire pursuant to | 15 | | the procedures set forth in this Act.
| 16 | | (d) In instances where the employer does not voluntarily | 17 | | recognize a labor
organization as the exclusive bargaining | 18 | | representative for a unit of
employees, the Board shall | 19 | | determine the majority representative of the
public employees | 20 | | in an appropriate collective bargaining unit by conducting
a | 21 | | secret ballot election, except as otherwise provided in | 22 | | subsection (a-5).
Within 7 days after the Board issues its
| 23 | | bargaining unit determination and direction of election or the | 24 | | execution of
a stipulation for the purpose of a consent | 25 | | election, the public employer
shall submit to the labor | 26 | | organization the complete names and addresses of
those |
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| 1 | | employees who are determined by the Board to be eligible to
| 2 | | participate in the election. When the Board has determined | 3 | | that a labor
organization has been fairly and freely chosen by | 4 | | a majority of employees
in an appropriate unit, it shall | 5 | | certify such organization as the exclusive
representative. If | 6 | | the Board determines that a majority of employees in an
| 7 | | appropriate unit has fairly and freely chosen not to be | 8 | | represented by a
labor organization, it shall so certify. The | 9 | | Board may also revoke the
certification of the public employee | 10 | | organizations as exclusive bargaining
representatives which | 11 | | have been found by a secret ballot election to be no
longer the | 12 | | majority representative.
| 13 | | (e) The Board shall not conduct an election in any | 14 | | bargaining unit or
any subdivision thereof within which a | 15 | | valid election has been held in the
preceding 12-month period. | 16 | | The Board shall determine who is eligible to
vote in an | 17 | | election and shall establish rules governing the conduct of | 18 | | the
election or conduct affecting the results of the election. | 19 | | The Board shall
include on a ballot in a representation | 20 | | election a choice of "no
representation". A labor organization | 21 | | currently representing the bargaining
unit of employees shall | 22 | | be placed on the ballot in any representation
election. In any | 23 | | election where none of the choices on the ballot receives
a | 24 | | majority, a runoff election shall be conducted between the 2 | 25 | | choices
receiving the largest number of valid votes cast in | 26 | | the election. A labor
organization which receives a majority |
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| 1 | | of the votes cast in an election
shall be certified by the | 2 | | Board as exclusive representative of all public
employees in | 3 | | the unit.
| 4 | | (f) A labor
organization shall be designated as the | 5 | | exclusive representative by a
public employer, provided that | 6 | | the labor
organization represents a majority of the public | 7 | | employees in an
appropriate unit. Any employee organization | 8 | | which is designated or selected
by the majority of public | 9 | | employees, in a unit of the public employer
having no other | 10 | | recognized or certified representative, as their
| 11 | | representative for purposes of collective bargaining may | 12 | | request
recognition by the public employer in writing. The | 13 | | public employer shall
post such request for a period of at | 14 | | least 20 days following its receipt
thereof on bulletin boards | 15 | | or other places used or reserved for employee
notices.
| 16 | | (g) Within the 20-day period any other interested employee | 17 | | organization
may petition the Board in the manner specified by | 18 | | rules and regulations
of the Board, provided that such | 19 | | interested employee organization has been
designated by at | 20 | | least 10% of the employees in an appropriate bargaining
unit | 21 | | which includes all or some of the employees in the unit | 22 | | recognized
by the employer. In such event, the Board shall | 23 | | proceed with the petition
in the same manner as provided by | 24 | | paragraph (1) of subsection (a) of this
Section.
| 25 | | (h) No election shall be directed by the Board in any | 26 | | bargaining unit
where there is in force a valid collective |
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| 1 | | bargaining agreement. The Board,
however, may process an | 2 | | election petition filed between 90 and 60 days prior
to the | 3 | | expiration of the date of an agreement, and may further | 4 | | refine, by
rule or decision, the implementation of this | 5 | | provision.
Where more than 4 years have elapsed since the | 6 | | effective date of the agreement,
the agreement shall continue | 7 | | to bar an election, except that the Board may
process an | 8 | | election petition filed between 90 and 60 days prior to the end | 9 | | of
the fifth year of such an agreement, and between 90 and 60 | 10 | | days prior to the
end of each successive year of such | 11 | | agreement.
| 12 | | (i) An order of the Board dismissing a representation | 13 | | petition,
determining and certifying that a labor organization | 14 | | has been fairly and
freely chosen by a majority of employees in | 15 | | an appropriate bargaining unit,
determining and certifying | 16 | | that a labor organization has not been fairly
and freely | 17 | | chosen by a majority of employees in the bargaining unit or
| 18 | | certifying a labor organization as the exclusive | 19 | | representative of
employees in an appropriate bargaining unit | 20 | | because of a determination by
the Board that the labor | 21 | | organization is the historical bargaining
representative of | 22 | | employees in the bargaining unit, is a final order. Any
person | 23 | | aggrieved by any such order issued on or after the effective | 24 | | date of
this amendatory Act of 1987 may apply for and obtain | 25 | | judicial review in
accordance with provisions of the | 26 | | Administrative Review Law, as now or
hereafter amended, except |
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| 1 | | that such review shall be afforded directly in
the Appellate | 2 | | Court for the district in which the aggrieved party resides
or | 3 | | transacts business.
Any direct appeal to the Appellate Court | 4 | | shall be filed within 35 days from
the date that a copy of the | 5 | | decision sought to be reviewed was served upon the
party | 6 | | affected by the decision.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| 8 | | (5 ILCS 315/21.5) | 9 | | Sec. 21.5. Termination of certain agreements after | 10 | | constitutional officers take office. | 11 | | (a) No collective bargaining agreement entered into, on or | 12 | | after the effective date of this amendatory Act of the 96th | 13 | | General Assembly between an executive branch constitutional | 14 | | officer or any agency or department of an executive branch | 15 | | constitutional officer and a labor organization may extend | 16 | | more than 12 months after the date on beyond June 30th of the | 17 | | year in which the terms of office of executive branch | 18 | | constitutional officers begin. | 19 | | (b) No collective bargaining agreement entered into, on or | 20 | | after the effective date of this amendatory Act of the 96th | 21 | | General Assembly between an executive branch constitutional | 22 | | officer or any agency or department of an executive branch | 23 | | constitutional officer and a labor organization may provide | 24 | | for an increase in salary, wages, or benefits starting on or | 25 | | after the first day of the terms of office of executive branch |
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| 1 | | constitutional officers and ending June 30th of that same | 2 | | year. The provisions of this subsection (b) shall not apply to | 3 | | salary, pay schedules, or benefits that would continue because | 4 | | of the duty to maintain the status quo and to bargain in good | 5 | | faith. | 6 | | (c) Any collective bargaining agreement in violation of | 7 | | this Section is terminated and rendered null and void by | 8 | | operation of law. | 9 | | (d) For purposes of this Section, "executive branch | 10 | | constitutional officer" has the same meaning as that term is | 11 | | defined in the State Officials and Employees Ethics Act.
| 12 | | (Source: P.A. 96-1529, eff. 2-16-11.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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