093_HB2555

 
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 1        AN ACT concerning labor relations.

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

 4        Section 5.  The Illinois Public Labor  Relations  Act  is
 5    amended by changing Section 3 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.
17        (c)  "Confidential employee" means an  employee  who,  in
18    the  regular course of his or her duties, assists and acts in
19    a confidential capacity to persons who formulate,  determine,
20    and  effectuate  management  policies  with  regard  to labor
21    relations or who, in the regular course of his or her duties,
22    has  authorized  access  to  information  relating   to   the
23    effectuation   or   review   of   the  employer's  collective
24    bargaining policies.
25        (d)  "Craft employees" means skilled  journeymen,  crafts
26    persons, and their apprentices and helpers.
27        (e)  "Essential  services  employees"  means those public
28    employees  performing  functions  so   essential   that   the
29    interruption or termination of the function will constitute a
30    clear  and  present  danger  to  the health and safety of the
31    persons in the affected community.
 
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 1        (f)  "Exclusive representative", except with  respect  to
 2    non-State  fire  fighters  and  paramedics  employed  by fire
 3    departments and fire protection  districts,  non-State  peace
 4    officers,  and  peace  officers  in  the  Department of State
 5    Police, means  the  labor  organization  that  has  been  (i)
 6    designated  by  the Board as the representative of a majority
 7    of public employees in  an  appropriate  bargaining  unit  in
 8    accordance  with  the  procedures contained in this Act, (ii)
 9    historically recognized by  the  State  of  Illinois  or  any
10    political  subdivision  of the State before July 1, 1984 (the
11    effective date of this Act) as the  exclusive  representative
12    of  the employees in an appropriate bargaining unit, or (iii)
13    after  July  1,  1984  (the  effective  date  of  this   Act)
14    recognized  by  an  employer upon evidence, acceptable to the
15    Board, that the labor organization has been designated as the
16    exclusive representative by a majority of the employees in an
17    appropriate bargaining unit.
18        With respect to non-State fire  fighters  and  paramedics
19    employed  by  fire departments and fire protection districts,
20    non-State  peace  officers,  and  peace   officers   in   the
21    Department  of State Police, "exclusive representative" means
22    the labor organization that has been (i)  designated  by  the
23    Board  as  the representative of a majority of peace officers
24    or  fire  fighters  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
27    political subdivision of the State  before  January  1,  1986
28    (the  effective  date  of this amendatory Act of 1985) as the
29    exclusive representative by a majority of the peace  officers
30    or  fire fighters in an appropriate bargaining unit, or (iii)
31    after January 1, 1986 (the effective date of this  amendatory
32    Act  of  1985)  recognized  by  an  employer  upon  evidence,
33    acceptable to the Board, that the labor organization has been
34    designated  as  the exclusive representative by a majority of
 
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 1    the  peace  officers  or  fire  fighters  in  an  appropriate
 2    bargaining unit.
 3        (g)  "Fair share agreement" means  an  agreement  between
 4    the  employer and an employee organization under which all or
 5    any of the employees in  a  collective  bargaining  unit  are
 6    required to pay their proportionate share of the costs of the
 7    collective  bargaining  process, contract administration, and
 8    pursuing matters affecting wages, hours, and other conditions
 9    of employment, but not to exceed the amount of dues uniformly
10    required of members. The amount certified  by  the  exclusive
11    representative  shall  not include any fees for contributions
12    related to the election  or  support  of  any  candidate  for
13    political  office.  Nothing  in  this  subsection  (g)  shall
14    preclude   an   employee   from  making  voluntary  political
15    contributions in conjunction  with  his  or  her  fair  share
16    payment.
17        (g-1)  "Fire fighter" means, for the purposes of this Act
18    only,  any person who has been or is hereafter appointed to a
19    fire department or fire protection district or employed by  a
20    state  university  and  sworn or commissioned to perform fire
21    fighter duties or paramedic duties, and includes except  that
22    the  following  persons  are  not  included:  part-time  fire
23    fighters,  auxiliary,  reserve  or  voluntary  fire fighters,
24    including paid  on-call  fire  fighters,  and  also  includes
25    clerks, and dispatchers, and or other civilian employees of a
26    fire  department  or  fire  protection  district,  other than
27    elected officials who are not routinely expected  to  perform
28    fire fighter duties, or elected officials.
29        (g-2)  "General  Assembly of the State of Illinois" means
30    the legislative branch of the  government  of  the  State  of
31    Illinois,   as   provided   for   under  Article  IV  of  the
32    Constitution of the State of Illinois, and  includes  but  is
33    not  limited to the House of Representatives, the Senate, the
34    Speaker of the House of Representatives, the Minority  Leader
 
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 1    of the House of Representatives, the President of the Senate,
 2    the  Minority  Leader  of  the Senate, the Joint Committee on
 3    Legislative Support  Services  and  any  legislative  support
 4    services   agency   listed   in  the  Legislative  Commission
 5    Reorganization Act of 1984.
 6        (h)  "Governing body" means, in the case  of  the  State,
 7    the  State  Panel  of the Illinois Labor Relations Board, the
 8    Director of the Department of  Central  Management  Services,
 9    and the Director of the Department of Labor; the county board
10    in  the  case  of  a county; the corporate authorities in the
11    case of a municipality; and the appropriate  body  authorized
12    to  provide  for expenditures of its funds in the case of any
13    other unit of government.
14        (i)  "Labor organization" means any organization in which
15    public employees participate and that exists for the purpose,
16    in whole or in  part,  of  dealing  with  a  public  employer
17    concerning  wages,  hours,  and other terms and conditions of
18    employment, including the settlement of grievances.
19        (j)  "Managerial employee" means  an  individual  who  is
20    engaged  predominantly  in executive and management functions
21    and is charged  with  the  responsibility  of  directing  the
22    effectuation of management policies and practices.
23        (k)  "Peace  officer" means, for the purposes of this Act
24    only, any persons who have been or are hereafter appointed to
25    a  police  force,  department,  or  agency   and   sworn   or
26    commissioned  to  perform  police duties, and includes except
27    that the following persons are not included: part-time police
28    officers,  special  police  officers,  auxiliary  police   as
29    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
30    night watchmen, "merchant police", court security officers as
31    defined by Section 3-6012.1 of the Counties  Code,  temporary
32    employees,  traffic guards or wardens, civilian parking meter
33    and  parking  facilities  personnel  or   other   individuals
34    specially  appointed  to  aid  or  direct  traffic at or near
 
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 1    schools or public functions or to aid  in  civil  defense  or
 2    disaster,   parking   enforcement   employees   who  are  not
 3    commissioned as peace officers and who are not armed and  who
 4    are  not  routinely  expected  to effect arrests, parking lot
 5    attendants,  clerks  and  dispatchers   or   other   civilian
 6    employees  of  a  police  department  who  are  not routinely
 7    expected to effect arrests, but does not include  or  elected
 8    officials.
 9        (l)  "Person"  includes  one  or  more individuals, labor
10    organizations, public employees, associations,  corporations,
11    legal  representatives,  trustees,  trustees  in  bankruptcy,
12    receivers,   or  the  State  of  Illinois  or  any  political
13    subdivision of the State or  governing  body,  but  does  not
14    include  the General Assembly of the State of Illinois or any
15    individual employed by the General Assembly of the  State  of
16    Illinois.
17        (m)  "Professional  employee"  means any employee engaged
18    in work predominantly intellectual and  varied  in  character
19    rather  than  routine  mental, manual, mechanical or physical
20    work; involving the consistent  exercise  of  discretion  and
21    adjustment  in  its performance; of such a character that the
22    output  produced  or  the  result  accomplished   cannot   be
23    standardized  in  relation  to  a  given  period of time; and
24    requiring  advanced  knowledge  in  a  field  of  science  or
25    learning  customarily  acquired  by  a  prolonged  course  of
26    specialized  intellectual  instruction  and   study   in   an
27    institution   of   higher   learning   or   a   hospital,  as
28    distinguished from  a  general  academic  education  or  from
29    apprenticeship or from training in the performance of routine
30    mental,  manual,  or  physical processes; or any employee who
31    has  completed  the  courses  of   specialized   intellectual
32    instruction  and  study prescribed in this subsection (m) and
33    is  performing  related  work  under  the  supervision  of  a
34    professional person  to  qualify  to  become  a  professional
 
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 1    employee as defined in this subsection (m).
 2        (n)  "Public employee" or "employee", for the purposes of
 3    this Act, means any individual employed by a public employer,
 4    including  interns  and  residents  at  public hospitals, but
 5    excluding all of the  following:  employees  of  the  General
 6    Assembly   of  the  State  of  Illinois;  elected  officials;
 7    executive  heads  of  a  department;  members  of  boards  or
 8    commissions; employees of any  agency,  board  or  commission
 9    created  by  this Act; employees appointed to State positions
10    of a temporary or emergency nature; all employees  of  school
11    districts    and   higher   education   institutions   except
12    firefighters  and  peace  officers  employed   by   a   state
13    university;   managerial   employees;  short-term  employees;
14    confidential   employees;   independent   contractors;    and
15    supervisors except as provided in this Act.
16        Notwithstanding  Section  9, subsection (c), or any other
17    provisions of this Act, all peace officers above the rank  of
18    captain   in   municipalities   with   more   than  1,000,000
19    inhabitants shall be excluded from this Act.
20        (o)  "Public employer" or "employer" means the  State  of
21    Illinois;  any  political  subdivision  of the State, unit of
22    local government or school  district;  authorities  including
23    departments,  divisions,  bureaus,  boards,  commissions,  or
24    other  agencies  of  the  foregoing  entities; and any person
25    acting within the scope of his or her authority,  express  or
26    implied,  on  behalf  of  those  entities in dealing with its
27    employees. "Public employer" or "employer" as  used  in  this
28    Act, however, does not mean and shall not include the General
29    Assembly  of  the State of Illinois and educational employers
30    or employers as defined in  the  Illinois  Educational  Labor
31    Relations  Act,  except with respect to a state university in
32    its employment of firefighters and  peace  officers.   County
33    boards  and  county  sheriffs shall be designated as joint or
34    co-employers of county peace  officers  appointed  under  the
 
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 1    authority  of  a  county sheriff.  Nothing in this subsection
 2    (o) shall be construed to prevent  the  State  Panel  or  the
 3    Local  Panel  from  determining  that  employers are joint or
 4    co-employers.
 5        (p)  "Security  employee"  means  an  employee   who   is
 6    responsible  for  the  supervision  and control of inmates at
 7    correctional  facilities.   The  term  also  includes   other
 8    non-security   employees   in  bargaining  units  having  the
 9    majority of employees being responsible for  the  supervision
10    and control of inmates at correctional facilities.
11        (q)  "Short-term  employee"  means  an  employee  who  is
12    employed for less than 2 consecutive calendar quarters during
13    a  calendar year and who does not have a reasonable assurance
14    that he or she will be rehired by the same employer  for  the
15    same service in a subsequent calendar year.
16        (r)  "Supervisor"  is an employee whose principal work is
17    substantially different from that of his or her  subordinates
18    and  who  has  authority, in the interest of the employer, to
19    hire, 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 actions,
22    if  the exercise of that authority is not of a merely routine
23    or clerical  nature,  but  requires  the  consistent  use  of
24    independent   judgment.   Except   with   respect  to  police
25    employment,  the  term  "supervisor"  includes   only   those
26    individuals  who  devote  a preponderance of their employment
27    time  to  exercising  that   authority,   State   supervisors
28    notwithstanding.   In  addition,  in  determining supervisory
29    status in police employment, rank shall not be determinative.
30    The Board shall consider,  as  evidence  of  bargaining  unit
31    inclusion  or  exclusion, the common law enforcement policies
32    and  relationships   between   police   officer   ranks   and
33    certification under applicable civil service law, ordinances,
34    personnel  codes,  or  Division  2.1  of  Article  10  of the
 
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 1    Illinois Municipal Code, but these factors shall not  be  the
 2    sole  or  predominant  factors  considered  by  the  Board in
 3    determining police supervisory status.
 4        Notwithstanding   the   provisions   of   the   preceding
 5    paragraph, in determining supervisory status in fire  fighter
 6    employment, no fire fighter shall be excluded as a supervisor
 7    who  has established representation rights under Section 9 of
 8    this Act.  Further, in  new  fire  fighter  units,  employees
 9    shall consist of fire fighters of the rank of company officer
10    and  below.  If  a  company  officer otherwise qualifies as a
11    supervisor under the preceding paragraph, however, he or  she
12    shall  not be included in the fire fighter unit.  If there is
13    no rank  between  that  of  chief  and  the  highest  company
14    officer,  the employer may designate a position on each shift
15    as  a  Shift  Commander,  and  the  persons  occupying  those
16    positions shall be supervisors.  All other ranks  above  that
17    of company officer shall be supervisors.
18        (s) (1)  "Unit"  means  a class of jobs or positions that
19        are held by  employees  whose  collective  interests  may
20        suitably  be  represented  by  a  labor  organization for
21        collective bargaining.  Except with respect to  non-State
22        fire fighters and paramedics employed by fire departments
23        and  fire protection districts, non-State peace officers,
24        and peace officers in the Department of State  Police,  a
25        bargaining unit determined by the Board shall not include
26        both  employees  and  supervisors,  or  supervisors only,
27        except as provided in paragraph (2)  of  this  subsection
28        (s)  and except for bargaining units in existence on July
29        1, 1984 (the effective date of this Act).   With  respect
30        to  non-State  fire  fighters  and paramedics employed by
31        fire departments and fire protection districts, non-State
32        peace officers, and peace officers in the  Department  of
33        State  Police,  a bargaining unit determined by the Board
34        shall not include both supervisors and nonsupervisors, or
 
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 1        supervisors only, except as provided in paragraph (2)  of
 2        this  subsection  (s)  and except for bargaining units in
 3        existence on January 1, 1986 (the effective date of  this
 4        amendatory Act of 1985).  A bargaining unit determined by
 5        the  Board  to  contain  peace  officers shall contain no
 6        employees other  than  peace  officers  unless  otherwise
 7        agreed  to  by the employer and the labor organization or
 8        labor organizations involved.  Notwithstanding any  other
 9        provision  of  this  Act,  a bargaining unit, including a
10        historical  bargaining  unit,  containing   sworn   peace
11        officers of the Department of Natural Resources (formerly
12        designated  the Department of Conservation) shall contain
13        no employees other than such sworn  peace  officers  upon
14        the effective date of this amendatory Act of 1990 or upon
15        the   expiration   date   of  any  collective  bargaining
16        agreement in effect  upon  the  effective  date  of  this
17        amendatory  Act  of  1990  covering both such sworn peace
18        officers and other employees.
19             (2)  Notwithstanding the  exclusion  of  supervisors
20        from  bargaining  units  as  provided in paragraph (1) of
21        this subsection (s),  a  public  employer  may  agree  to
22        permit its supervisory employees to form bargaining units
23        and  may  bargain with those units.  This Act shall apply
24        if the public employer  chooses  to  bargain  under  this
25        subsection.
26    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
27    91-798, eff. 7-9-00.)