State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ]

90_HB0578

      5 ILCS 315/3              from Ch. 48, par. 1603
          Amends the Illinois Public Labor Relations Act.  Excludes
      officers of the Department of State Police below the rank  of
      lieutenant  from  the  provisions  determining  supervisor or
      manager status.  Provides that a bargaining  unit  for  peace
      officers  in the Department of State Police determined by the
      Illinois State Labor Relations Board shall not  include  both
      peace  officers  in  the  rank  of  master sergeant and peace
      officers in the ranks of  sergeant  or  trooper,  unless  the
      Department agrees to the unit.
                                                     LRB9002330PTcw
                                               LRB9002330PTcw
 1        AN  ACT  to amend the Illinois Public Labor Relations Act
 2    by changing Section 3.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois Public Labor Relations Act is
 6    amended by changing Section 3 as follows:
 7        (5 ILCS 315/3) (from Ch. 48, par. 1603)
 8        (Text of Section before amendment by P.A. 89-685)
 9        Sec. 3.  Definitions.  As used in this  Act,  unless  the
10    context otherwise requires:
11        (a)  "Board"   or  "Governing  Board"  means  either  the
12    Illinois State Labor Relations Board or  the  Illinois  Local
13    Labor Relations Board.
14        (b)  "Collective  bargaining" means bargaining over terms
15    and conditions of employment,  including  hours,  wages,  and
16    other  conditions of employment, as detailed in Section 7 and
17    which are not excluded by Section 4.
18        (c)  "Confidential employee" means an  employee  who,  in
19    the  regular course of his or her duties, assists and acts in
20    a confidential capacity to persons who formulate,  determine,
21    and  effectuate  management  policies  with  regard  to labor
22    relations or who, in the regular course of his or her duties,
23    has  authorized  access  to  information  relating   to   the
24    effectuation   or   review   of   the  employer's  collective
25    bargaining policies.
26        (d)  "Craft employees" means skilled  journeymen,  crafts
27    persons, and their apprentices and helpers.
28        (e)  "Essential  services  employees"  means those public
29    employees  performing  functions  so   essential   that   the
30    interruption or termination of the function will constitute a
31    clear  and  present  danger  to  the health and safety of the
                            -2-                LRB9002330PTcw
 1    persons in the affected community.
 2        (f)  "Exclusive representative", except with  respect  to
 3    non-State  fire  fighters  and  paramedics  employed  by fire
 4    departments and fire protection  districts,  non-State  peace
 5    officers,  and  peace  officers  in  the  Department of State
 6    Police, means  the  labor  organization  that  has  been  (i)
 7    designated  by  the Board as the representative of a majority
 8    of public employees in  an  appropriate  bargaining  unit  in
 9    accordance  with  the  procedures contained in this Act, (ii)
10    historically recognized by  the  State  of  Illinois  or  any
11    political  subdivision  of the State before July 1, 1984 (the
12    effective date of this Act) as the  exclusive  representative
13    of  the employees in an appropriate bargaining unit, or (iii)
14    after  July  1,  1984  (the  effective  date  of  this   Act)
15    recognized  by  an  employer upon evidence, acceptable to the
16    Board, that the labor organization has been designated as the
17    exclusive representative by a majority of the employees in an
18    appropriate bargaining unit.
19        With respect to non-State fire  fighters  and  paramedics
20    employed  by  fire departments and fire protection districts,
21    non-State  peace  officers,  and  peace   officers   in   the
22    Department  of State Police, "exclusive representative" means
23    the labor organization that has been (i)  designated  by  the
24    Board  as  the representative of a majority of peace officers
25    or  fire  fighters  in  an  appropriate  bargaining  unit  in
26    accordance with the procedures contained in  this  Act,  (ii)
27    historically  recognized  by  the  State  of  Illinois or any
28    political subdivision of the State  before  January  1,  1986
29    (the  effective  date  of this amendatory Act of 1985) as the
30    exclusive representative by a majority of the peace  officers
31    or  fire fighters in an appropriate bargaining unit, or (iii)
32    after January 1, 1986 (the effective date of this  amendatory
33    Act  of  1985)  recognized  by  an  employer  upon  evidence,
34    acceptable to the Board, that the labor organization has been
                            -3-                LRB9002330PTcw
 1    designated  as  the exclusive representative by a majority of
 2    the  peace  officers  or  fire  fighters  in  an  appropriate
 3    bargaining unit.
 4        (g)  "Fair share agreement" means  an  agreement  between
 5    the  employer and an employee organization under which all or
 6    any of the employees in  a  collective  bargaining  unit  are
 7    required to pay their proportionate share of the costs of the
 8    collective  bargaining  process, contract administration, and
 9    pursuing matters affecting wages, hours, and other conditions
10    of employment, but not to exceed the amount of dues uniformly
11    required of members. The amount certified  by  the  exclusive
12    representative  shall  not include any fees for contributions
13    related to the election  or  support  of  any  candidate  for
14    political  office.  Nothing  in  this  subsection  (g)  shall
15    preclude   an   employee   from  making  voluntary  political
16    contributions in conjunction  with  his  or  her  fair  share
17    payment.
18        (g-1)  "Fire fighter" means, for the purposes of this Act
19    only,  any person who has been or is hereafter appointed to a
20    fire department or fire protection district or employed by  a
21    state  university  and  sworn or commissioned to perform fire
22    fighter duties or paramedic duties, except that the following
23    persons are not included: part-time fire fighters, auxiliary,
24    reserve or voluntary fire fighters,  including  paid  on-call
25    fire  fighters,  clerks  and  dispatchers  or  other civilian
26    employees of a fire department or  fire  protection  district
27    who  are  not  routinely  expected  to  perform  fire fighter
28    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
                            -4-                LRB9002330PTcw
 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  Labor  Relations  Board,  the  Director  of   the
 8    Department  of  Central Management Services, and the Director
 9    of the Department of Labor; the county board in the case of a
10    county;  the  corporate  authorities  in  the   case   of   a
11    municipality;  and the appropriate body authorized to provide
12    for expenditures of its funds in the case of any  other  unit
13    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,  except  that  the
27    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",  temporary  employees,
31    traffic guards or wardens, civilian parking meter and parking
32    facilities personnel or other individuals specially appointed
33    to aid or  direct  traffic  at  or  near  schools  or  public
34    functions  or  to  aid  in civil defense or disaster, parking
                            -5-                LRB9002330PTcw
 1    enforcement employees  who  are  not  commissioned  as  peace
 2    officers  and  who  are  not  armed and who are not routinely
 3    expected to effect arrests, parking  lot  attendants,  clerks
 4    and  dispatchers  or  other  civilian  employees  of a police
 5    department who are not routinely expected to effect  arrests,
 6    or elected officials.
 7        (l)  "Person"  includes  one  or  more individuals, labor
 8    organizations, public employees, associations,  corporations,
 9    legal  representatives,  trustees,  trustees  in  bankruptcy,
10    receivers,   or  the  State  of  Illinois  or  any  political
11    subdivision of the State or  governing  body,  but  does  not
12    include  the General Assembly of the State of Illinois or any
13    individual employed by the General Assembly of the  State  of
14    Illinois.
15        (m)  "Professional  employee"  means any employee engaged
16    in work predominantly intellectual and  varied  in  character
17    rather  than  routine  mental, manual, mechanical or physical
18    work; involving the consistent  exercise  of  discretion  and
19    adjustment  in  its performance; of such a character that the
20    output  produced  or  the  result  accomplished   cannot   be
21    standardized  in  relation  to  a  given  period of time; and
22    requiring  advanced  knowledge  in  a  field  of  science  or
23    learning  customarily  acquired  by  a  prolonged  course  of
24    specialized  intellectual  instruction  and   study   in   an
25    institution   of   higher   learning   or   a   hospital,  as
26    distinguished from  a  general  academic  education  or  from
27    apprenticeship or from training in the performance of routine
28    mental,  manual,  or  physical processes; or any employee who
29    has  completed  the  courses  of   specialized   intellectual
30    instruction  and  study prescribed in this subsection (m) and
31    is  performing  related  work  under  the  supervision  of  a
32    professional person  to  qualify  to  become  a  professional
33    employee as defined in this subsection (m).
34        (n)  "Public employee" or "employee", for the purposes of
                            -6-                LRB9002330PTcw
 1    this Act, means any individual employed by a public employer,
 2    including  interns  and  residents  at  public hospitals, but
 3    excluding all of the  following:  employees  of  the  General
 4    Assembly   of  the  State  of  Illinois;  elected  officials;
 5    executive  heads  of  a  department;  members  of  boards  or
 6    commissions; employees of any  agency,  board  or  commission
 7    created  by  this Act; employees appointed to State positions
 8    of a temporary or emergency nature; all employees  of  school
 9    districts    and   higher   education   institutions   except
10    firefighters  and  peace  officers  employed   by   a   state
11    university;   managerial   employees;  short-term  employees;
12    confidential   employees;   independent   contractors;    and
13    supervisors except as provided in this Act.
14        Notwithstanding  Section  9, subsection (c), or any other
15    provisions of this Act, all peace officers above the rank  of
16    captain   in   municipalities   with   more   than  1,000,000
17    inhabitants shall be excluded from this Act.
18        (o)  "Public employer" or "employer" means the  State  of
19    Illinois;  any  political  subdivision  of the State, unit of
20    local government or school  district;  authorities  including
21    departments,  divisions,  bureaus,  boards,  commissions,  or
22    other  agencies  of  the  foregoing  entities; and any person
23    acting within the scope of his or her authority,  express  or
24    implied,  on  behalf  of  those  entities in dealing with its
25    employees. "Public employer" or "employer" as  used  in  this
26    Act, however, does not mean and shall not include the General
27    Assembly  of  the State of Illinois and educational employers
28    or employers as defined in  the  Illinois  Educational  Labor
29    Relations  Act,  except with respect to a state university in
30    its employment of firefighters  and  peace  officers.  County
31    boards  and  county  sheriffs shall be designated as joint or
32    co-employers of county peace  officers  appointed  under  the
33    authority  of  a  county sheriff.  Nothing in this subsection
34    (o) shall be construed to prevent  the  State  Board  or  the
                            -7-                LRB9002330PTcw
 1    Local  Board  from  determining  that  employers are joint or
 2    co-employers.
 3        (p)  "Security  employee"  means  an  employee   who   is
 4    responsible  for  the  supervision  and control of inmates at
 5    correctional  facilities.   The  term  also  includes   other
 6    non-security   employees   in  bargaining  units  having  the
 7    majority of employees being responsible for  the  supervision
 8    and control of inmates at correctional facilities.
 9        (q)  "Short-term  employee"  means  an  employee  who  is
10    employed for less that 2 consecutive calendar quarters during
11    a  calendar year and who does not have a reasonable assurance
12    that he or she will be rehired by the same employer  for  the
13    same service in a subsequent calendar year.
14        (r)  "Supervisor"  is an employee whose principal work is
15    substantially different from that of his or her  subordinates
16    and  who  has  authority, in the interest of the employer, to
17    hire, transfer, suspend, lay off, recall, promote, discharge,
18    direct, reward, or  discipline  employees,  to  adjust  their
19    grievances, or to effectively recommend any of those actions,
20    if  the exercise of that authority is not of a merely routine
21    or clerical  nature,  but  requires  the  consistent  use  of
22    independent   judgment.   Except   with   respect  to  police
23    employment,  the  term  "supervisor"  includes   only   those
24    individuals  who  devote  a preponderance of their employment
25    time  to  exercising  that   authority,   State   supervisors
26    notwithstanding.   In  addition,  in  determining supervisory
27    status in police employment, rank shall not be determinative.
28    The Board shall consider,  as  evidence  of  bargaining  unit
29    inclusion  or  exclusion, the common law enforcement policies
30    and  relationships   between   police   officer   ranks   and
31    certification under applicable civil service law, ordinances,
32    personnel  codes,  or  Division  2.1  of  Article  10  of the
33    Illinois Municipal Code, but these factors shall not  be  the
34    sole  or  predominant  factors  considered  by  the  Board in
                            -8-                LRB9002330PTcw
 1    determining police supervisory status.
 2        Notwithstanding   the   provisions   of   the   preceding
 3    paragraph, in determining supervisory status in fire  fighter
 4    employment, no fire fighter shall be excluded as a supervisor
 5    who  has established representation rights under Section 9 of
 6    this Act.  Further, in  new  fire  fighter  units,  employees
 7    shall consist of fire fighters of the rank of company officer
 8    and  below.  If  a  company  officer otherwise qualifies as a
 9    supervisor under the preceding paragraph, however, he or  she
10    shall  not be included in the fire fighter unit.  If there is
11    no rank  between  that  of  chief  and  the  highest  company
12    officer,  the employer may designate a position on each shift
13    as  a  Shift  Commander,  and  the  persons  occupying  those
14    positions shall be supervisors.  All other ranks  above  that
15    of company officer shall be supervisors.
16        (s) (1)  "Unit"  means  a class of jobs or positions that
17    are held by employees whose collective interests may suitably
18    be  represented  by  a  labor  organization  for   collective
19    bargaining.   Except  with respect to non-State fire fighters
20    and  paramedics  employed  by  fire  departments   and   fire
21    protection  districts,  non-State  peace  officers, and peace
22    officers in the Department of State Police, a bargaining unit
23    determined by the Board shall not include both employees  and
24    supervisors,  or  supervisors  only,  except  as  provided in
25    paragraph  (2)  of  this  subsection  (s)  and   except   for
26    bargaining  units in existence on July 1, 1984 (the effective
27    date of this Act). With respect to  non-State  fire  fighters
28    and   paramedics   employed  by  fire  departments  and  fire
29    protection districts, non-State  peace  officers,  and  peace
30    officers in the Department of State Police, a bargaining unit
31    determined  by  the  Board shall not include both supervisors
32    and nonsupervisors, or supervisors only, except  as  provided
33    in  paragraph  (2)  of  this  subsection  (s)  and except for
34    bargaining  units  in  existence  on  January  1,  1986  (the
                            -9-                LRB9002330PTcw
 1    effective date of this amendatory Act of 1985).  A bargaining
 2    unit determined by the Board to contain peace officers  shall
 3    contain   no  employees  other  than  peace  officers  unless
 4    otherwise  agreed  to  by  the   employer   and   the   labor
 5    organization     or     labor     organizations     involved.
 6    Notwithstanding any other provision of this Act, a bargaining
 7    unit,  including  a  historical  bargaining  unit, containing
 8    sworn peace officers of the Department of  Natural  Resources
 9    (formerly  designated  the  Department of Conservation) shall
10    contain no employees other than  such  sworn  peace  officers
11    upon  the  effective  date  of this amendatory Act of 1990 or
12    upon  the  expiration  date  of  any  collective   bargaining
13    agreement   in   effect  upon  the  effective  date  of  this
14    amendatory  Act  of  1990  covering  both  such  sworn  peace
15    officers and other employees.
16        (2)  Notwithstanding the exclusion  of  supervisors  from
17    bargaining  units  as  provided  in  paragraph  (1)  of  this
18    subsection  (s),  a  public  employer may agree to permit its
19    supervisory  employees  to  form  bargaining  units  and  may
20    bargain with those units.  This Act shall apply if the public
21    employer chooses to bargain under this subsection.
22    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
23    89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
24        (Text of Section after amendment by P.A. 89-685)
25        Sec.  3.  Definitions.   As  used in this Act, unless the
26    context otherwise requires:
27        (a)  "Board"  or  "Governing  Board"  means  either   the
28    Illinois  State  Labor  Relations Board or the Illinois Local
29    Labor Relations Board.
30        (b)  "Collective bargaining" means bargaining over  terms
31    and  conditions  of  employment,  including hours, wages, and
32    other conditions of employment, as detailed in Section 7  and
33    which are not excluded by Section 4.
34        (c)  "Confidential  employee"  means  an employee who, in
                            -10-               LRB9002330PTcw
 1    the regular course of his or her duties, assists and acts  in
 2    a  confidential capacity to persons who formulate, determine,
 3    and effectuate  management  policies  with  regard  to  labor
 4    relations or who, in the regular course of his or her duties,
 5    has   authorized   access  to  information  relating  to  the
 6    effectuation  or  review   of   the   employer's   collective
 7    bargaining policies.
 8        (d)  "Craft  employees"  means skilled journeymen, crafts
 9    persons, and their apprentices and helpers.
10        (e)  "Essential services employees"  means  those  public
11    employees   performing   functions   so  essential  that  the
12    interruption or termination of the function will constitute a
13    clear and present danger to the  health  and  safety  of  the
14    persons in the affected community.
15        (f)  "Exclusive  representative",  except with respect to
16    non-State fire  fighters  and  paramedics  employed  by  fire
17    departments  and  fire  protection districts, non-State peace
18    officers, and peace  officers  in  the  Department  of  State
19    Police,  means  the  labor  organization  that  has  been (i)
20    designated by the Board as the representative of  a  majority
21    of  public  employees  in  an  appropriate bargaining unit in
22    accordance with the procedures contained in  this  Act,  (ii)
23    historically  recognized  by  the  State  of  Illinois or any
24    political subdivision of the State before July 1,  1984  (the
25    effective  date  of this Act) as the exclusive representative
26    of the employees in an appropriate bargaining unit, or  (iii)
27    after   July  1,  1984  (the  effective  date  of  this  Act)
28    recognized by an employer upon evidence,  acceptable  to  the
29    Board, that the labor organization has been designated as the
30    exclusive representative by a majority of the employees in an
31    appropriate bargaining unit.
32        With  respect  to  non-State fire fighters and paramedics
33    employed by fire departments and fire  protection  districts,
34    non-State   peace   officers,   and  peace  officers  in  the
                            -11-               LRB9002330PTcw
 1    Department of State Police, "exclusive representative"  means
 2    the  labor  organization  that has been (i) designated by the
 3    Board as the representative of a majority of  peace  officers
 4    or  fire  fighters  in  an  appropriate  bargaining  unit  in
 5    accordance  with  the  procedures contained in this Act, (ii)
 6    historically recognized by  the  State  of  Illinois  or  any
 7    political  subdivision  of  the  State before January 1, 1986
 8    (the effective date of this amendatory Act of  1985)  as  the
 9    exclusive  representative by a majority of the peace officers
10    or fire fighters in an appropriate bargaining unit, or  (iii)
11    after  January 1, 1986 (the effective date of this amendatory
12    Act  of  1985)  recognized  by  an  employer  upon  evidence,
13    acceptable to the Board, that the labor organization has been
14    designated as the exclusive representative by a  majority  of
15    the  peace  officers  or  fire  fighters  in  an  appropriate
16    bargaining unit.
17        (g)  "Fair  share  agreement"  means an agreement between
18    the employer and an employee organization under which all  or
19    any  of  the  employees  in  a collective bargaining unit are
20    required to pay their proportionate share of the costs of the
21    collective bargaining process, contract  administration,  and
22    pursuing matters affecting wages, hours, and other conditions
23    of employment, but not to exceed the amount of dues uniformly
24    required  of  members.  The amount certified by the exclusive
25    representative shall not include any fees  for  contributions
26    related  to  the  election  or  support  of any candidate for
27    political  office.  Nothing  in  this  subsection  (g)  shall
28    preclude  an  employee  from   making   voluntary   political
29    contributions  in  conjunction  with  his  or  her fair share
30    payment.
31        (g-1)  "Fire fighter" means, for the purposes of this Act
32    only, any person who has been or is hereafter appointed to  a
33    fire  department or fire protection district or employed by a
34    state university and sworn or commissioned  to  perform  fire
                            -12-               LRB9002330PTcw
 1    fighter duties or paramedic duties, except that the following
 2    persons are not included: part-time fire fighters, auxiliary,
 3    reserve  or  voluntary  fire fighters, including paid on-call
 4    fire fighters,  clerks  and  dispatchers  or  other  civilian
 5    employees  of  a  fire department or fire protection district
 6    who are  not  routinely  expected  to  perform  fire  fighter
 7    duties, or elected officials.
 8        (g-2)  "General  Assembly of the State of Illinois" means
 9    the legislative branch of the  government  of  the  State  of
10    Illinois,   as   provided   for   under  Article  IV  of  the
11    Constitution of the State of Illinois, and  includes  but  is
12    not  limited to the House of Representatives, the Senate, the
13    Speaker of the House of Representatives, the Minority  Leader
14    of the House of Representatives, the President of the Senate,
15    the  Minority  Leader  of  the Senate, the Joint Committee on
16    Legislative Support  Services  and  any  legislative  support
17    services   agency   listed   in  the  Legislative  Commission
18    Reorganization Act of 1984.
19        (h)  "Governing body" means, in the case  of  the  State,
20    the   State  Labor  Relations  Board,  the  Director  of  the
21    Department of Central Management Services, and  the  Director
22    of the Department of Labor; the county board in the case of a
23    county;   the   corporate   authorities  in  the  case  of  a
24    municipality; and the appropriate body authorized to  provide
25    for  expenditures  of its funds in the case of any other unit
26    of government.
27        (i)  "Labor organization" means any organization in which
28    public employees participate and that exists for the purpose,
29    in whole or in  part,  of  dealing  with  a  public  employer
30    concerning  wages,  hours,  and other terms and conditions of
31    employment, including the settlement of grievances.
32        (j)  "Managerial employee" means  an  individual  who  is
33    engaged  predominantly  in executive and management functions
34    and is charged  with  the  responsibility  of  directing  the
                            -13-               LRB9002330PTcw
 1    effectuation of management policies and practices.
 2        (k)  "Peace  officer" means, for the purposes of this Act
 3    only, any persons who have been or are hereafter appointed to
 4    a  police  force,  department,  or  agency   and   sworn   or
 5    commissioned  to  perform  police  duties,  except  that  the
 6    following   persons   are   not  included:  part-time  police
 7    officers,  special  police  officers,  auxiliary  police   as
 8    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
 9    night watchmen, "merchant police", court security officers as
10    defined by Section 3-6012.1 of the Counties  Code,  temporary
11    employees,  traffic guards or wardens, civilian parking meter
12    and  parking  facilities  personnel  or   other   individuals
13    specially  appointed  to  aid  or  direct  traffic at or near
14    schools or public functions or to aid  in  civil  defense  or
15    disaster,   parking   enforcement   employees   who  are  not
16    commissioned as peace officers and who are not armed and  who
17    are  not  routinely  expected  to effect arrests, parking lot
18    attendants,  clerks  and  dispatchers   or   other   civilian
19    employees  of  a  police  department  who  are  not routinely
20    expected 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
27    individual  employed  by the General Assembly of the State of
28    Illinois.
29        (m)  "Professional employee" means any  employee  engaged
30    in  work  predominantly  intellectual and varied in character
31    rather than routine mental, manual,  mechanical  or  physical
32    work;  involving  the  consistent  exercise of discretion and
33    adjustment in its performance; of such a character  that  the
34    output   produced   or  the  result  accomplished  cannot  be
                            -14-               LRB9002330PTcw
 1    standardized in relation to  a  given  period  of  time;  and
 2    requiring  advanced  knowledge  in  a  field  of  science  or
 3    learning  customarily  acquired  by  a  prolonged  course  of
 4    specialized   intellectual   instruction   and  study  in  an
 5    institution  of   higher   learning   or   a   hospital,   as
 6    distinguished  from  a  general  academic  education  or from
 7    apprenticeship or from training in the performance of routine
 8    mental, manual, or physical processes; or  any  employee  who
 9    has   completed   the  courses  of  specialized  intellectual
10    instruction and study prescribed in this subsection  (m)  and
11    is  performing  related  work  under  the  supervision  of  a
12    professional  person  to  qualify  to  become  a professional
13    employee as defined in this subsection (m).
14        (n)  "Public employee" or "employee", for the purposes of
15    this Act, means any individual employed by a public employer,
16    including interns and  residents  at  public  hospitals,  but
17    excluding  all  of  the  following:  employees of the General
18    Assembly  of  the  State  of  Illinois;  elected   officials;
19    executive  heads  of  a  department;  members  of  boards  or
20    commissions;  employees  of  any  agency, board or commission
21    created by this Act; employees appointed to  State  positions
22    of  a  temporary or emergency nature; all employees of school
23    districts   and   higher   education   institutions    except
24    firefighters   and   peace   officers  employed  by  a  state
25    university;  managerial  employees;   short-term   employees;
26    confidential    employees;   independent   contractors;   and
27    supervisors except as provided in this Act.
28        Notwithstanding Section 9, subsection (c), or  any  other
29    provisions  of this Act, all peace officers above the rank of
30    captain  in   municipalities   with   more   than   1,000,000
31    inhabitants shall be excluded from this Act.
32        (o)  "Public  employer"  or "employer" means the State of
33    Illinois; any political subdivision of  the  State,  unit  of
34    local  government  or  school district; authorities including
                            -15-               LRB9002330PTcw
 1    departments,  divisions,  bureaus,  boards,  commissions,  or
 2    other agencies of the  foregoing  entities;  and  any  person
 3    acting  within  the scope of his or her authority, express or
 4    implied, on behalf of those  entities  in  dealing  with  its
 5    employees.  "Public  employer"  or "employer" as used in this
 6    Act, however, does not mean and shall not include the General
 7    Assembly of the State of Illinois and  educational  employers
 8    or  employers  as  defined  in the Illinois Educational Labor
 9    Relations Act, except with respect to a state  university  in
10    its  employment  of  firefighters  and peace officers. County
11    boards and county sheriffs shall be designated  as  joint  or
12    co-employers  of  county  peace  officers appointed under the
13    authority of a county sheriff.  Nothing  in  this  subsection
14    (o)  shall  be  construed  to  prevent the State Board or the
15    Local Board from determining  that  employers  are  joint  or
16    co-employers.
17        (p)  "Security   employee"   means  an  employee  who  is
18    responsible for the supervision and  control  of  inmates  at
19    correctional   facilities.   The  term  also  includes  other
20    non-security  employees  in  bargaining  units   having   the
21    majority  of  employees being responsible for the supervision
22    and control of inmates at correctional facilities.
23        (q)  "Short-term  employee"  means  an  employee  who  is
24    employed for less that 2 consecutive calendar quarters during
25    a calendar year and who does not have a reasonable  assurance
26    that  he  or she will be rehired by the same employer for the
27    same service in a subsequent calendar year.
28        (r)  "Supervisor" is an employee whose principal work  is
29    substantially  different from that of his or her subordinates
30    and who has authority, in the interest of  the  employer,  to
31    hire, transfer, suspend, lay off, recall, promote, discharge,
32    direct,  reward,  or  discipline  employees,  to adjust their
33    grievances, or to effectively recommend any of those actions,
34    if the exercise of that authority is not of a merely  routine
                            -16-               LRB9002330PTcw
 1    or  clerical  nature,  but  requires  the  consistent  use of
 2    independent  judgment.  Except   with   respect   to   police
 3    employment,   the   term  "supervisor"  includes  only  those
 4    individuals who devote a preponderance  of  their  employment
 5    time   to   exercising   that  authority,  State  supervisors
 6    notwithstanding.
 7        In the Department of State  Police,  officers  below  the
 8    rank  of  lieutenant shall not be deemed to be supervisors or
 9    managers.  In addition,  In determining supervisory status in
10    other police employment, rank  shall  not  be  determinative.
11    The  Board  shall  consider,  as  evidence of bargaining unit
12    inclusion or exclusion, the common law  enforcement  policies
13    and   relationships   between   police   officer   ranks  and
14    certification under applicable civil service law, ordinances,
15    personnel codes,  or  Division  2.1  of  Article  10  of  the
16    Illinois  Municipal  Code, but these factors shall not be the
17    sole or  predominant  factors  considered  by  the  Board  in
18    determining police supervisory status.
19        Notwithstanding   the   provisions   of   the   preceding
20    paragraph,  in determining supervisory status in fire fighter
21    employment, no fire fighter shall be excluded as a supervisor
22    who has established representation rights under Section 9  of
23    this  Act.   Further,  in  new  fire fighter units, employees
24    shall consist of fire fighters of the rank of company officer
25    and below. If a company  officer  otherwise  qualifies  as  a
26    supervisor  under the preceding paragraph, however, he or she
27    shall not be included in the fire fighter unit.  If there  is
28    no  rank  between  that  of  chief  and  the  highest company
29    officer, the employer may designate a position on each  shift
30    as  a  Shift  Commander,  and  the  persons  occupying  those
31    positions  shall  be supervisors.  All other ranks above that
32    of company officer shall be supervisors.
33        (s) (1)  "Unit" means a class of jobs or  positions  that
34    are held by employees whose collective interests may suitably
                            -17-               LRB9002330PTcw
 1    be   represented  by  a  labor  organization  for  collective
 2    bargaining.
 3        Except  with  respect  to  non-State  fire  fighters  and
 4    paramedics employed by fire departments and  fire  protection
 5    districts,  non-State  peace  officers, and peace officers in
 6    the Department of State Police, a bargaining unit  determined
 7    by   the   Board   shall   not  include  both  employees  and
 8    supervisors, or  supervisors  only,  except  as  provided  in
 9    paragraph   (2)   of  this  subsection  (s)  and  except  for
10    bargaining units in existence on July 1, 1984 (the  effective
11    date  of  this  Act). With respect to non-State fire fighters
12    and  paramedics  employed  by  fire  departments   and   fire
13    protection  districts,  non-State  peace  officers, and peace
14    officers in the Department of State Police, a bargaining unit
15    determined by the Board shall not  include  both  supervisors
16    and  nonsupervisors,  or supervisors only, except as provided
17    in paragraph (2)  of  this  subsection  (s)  and  except  for
18    bargaining  units  in  existence  on  January  1,  1986  (the
19    effective date of this amendatory Act of 1985).  A bargaining
20    unit  determined by the Board to contain peace officers shall
21    contain  no  employees  other  than  peace  officers   unless
22    otherwise   agreed   to   by   the  employer  and  the  labor
23    organization or labor organizations involved.   A  bargaining
24    unit  determined  by  the  Board  for  peace  officers in the
25    Department of State  Police  shall  not  include  both  peace
26    officers in the rank of master sergeant and peace officers in
27    the  ranks of sergeant or trooper, except that the Department
28    of State Police may agree to such a bargaining unit.
29        Notwithstanding  any  other  provision  of  this  Act,  a
30    bargaining unit,  including  a  historical  bargaining  unit,
31    containing  sworn peace officers of the Department of Natural
32    Resources   (formerly   designated    the    Department    of
33    Conservation)  shall  contain  no  employees  other than such
34    sworn  peace  officers  upon  the  effective  date  of   this
                            -18-               LRB9002330PTcw
 1    amendatory  Act  of  1990  or upon the expiration date of any
 2    collective bargaining agreement in effect upon the  effective
 3    date  of this amendatory Act of 1990 covering both such sworn
 4    peace officers and other employees.
 5        (2)  Notwithstanding the exclusion  of  supervisors  from
 6    bargaining  units  as  provided  in  paragraph  (1)  of  this
 7    subsection  (s),  a  public  employer may agree to permit its
 8    supervisory  employees  to  form  bargaining  units  and  may
 9    bargain with those units.  This Act shall apply if the public
10    employer chooses to bargain under this subsection.
11    (Source: P.A. 89-108, eff.  7-7-95;  89-409,  eff.  11-15-95;
12    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  89-685,  eff.
13    6-1-97; revised 1-14-97.)
14        Section  95.  No  acceleration  or delay.  Where this Act
15    makes changes in a statute that is represented in this Act by
16    text that is not yet or no longer in effect (for  example,  a
17    Section  represented  by  multiple versions), the use of that
18    text does not accelerate or delay the taking  effect  of  (i)
19    the  changes made by this Act or (ii) provisions derived from
20    any other Public Act.

[ Top ]