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90_HB1530
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/14 from Ch. 48, par. 1614
5 ILCS 315/17 from Ch. 48, par. 1617
Amends the Illinois Public Labor Relations Act. Includes
telecommunicators in an emergency or non-emergency Public
Safety Answering Point within the provisions for mandated
mediation and strike prohibition. Effective immediately.
LRB9004160PTcw
LRB9004160PTcw
1 AN ACT to amend the Illinois Public Labor Relations Act
2 by changing Sections 3, 14, and 17.
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 Sections 3, 14, and 17 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
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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
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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
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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 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
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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
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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
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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
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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 (r-1) "Telecommunicator" means a person who is trained
17 and employed in public safety telecommunications. The term
18 applies to complaint telephone operators, radio operators,
19 data terminal operators, or any combination of these
20 functions in an emergency or non-emergency Public Safety
21 Answering Point.
22 (s) (1) "Unit" means a class of jobs or positions that
23 are held by employees whose collective interests may suitably
24 be represented by a labor organization for collective
25 bargaining. Except with respect to non-State fire fighters
26 and paramedics employed by fire departments and fire
27 protection districts, non-State peace officers, and peace
28 officers in the Department of State Police, a bargaining unit
29 determined by the Board shall not include both employees and
30 supervisors, or supervisors only, except as provided in
31 paragraph (2) of this subsection (s) and except for
32 bargaining units in existence on July 1, 1984 (the effective
33 date of this Act). With respect to non-State fire fighters
34 and paramedics employed by fire departments and fire
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1 protection districts, non-State peace officers, and peace
2 officers in the Department of State Police, a bargaining unit
3 determined by the Board shall not include both supervisors
4 and nonsupervisors, or supervisors only, except as provided
5 in paragraph (2) of this subsection (s) and except for
6 bargaining units in existence on January 1, 1986 (the
7 effective date of this amendatory Act of 1985). A bargaining
8 unit determined by the Board to contain peace officers shall
9 contain no employees other than peace officers unless
10 otherwise agreed to by the employer and the labor
11 organization or labor organizations involved.
12 Notwithstanding any other provision of this Act, a bargaining
13 unit, including a historical bargaining unit, containing
14 sworn peace officers of the Department of Natural Resources
15 (formerly designated the Department of Conservation) shall
16 contain no employees other than such sworn peace officers
17 upon the effective date of this amendatory Act of 1990 or
18 upon the expiration date of any collective bargaining
19 agreement in effect upon the effective date of this
20 amendatory Act of 1990 covering both such sworn peace
21 officers and other employees.
22 (2) Notwithstanding the exclusion of supervisors from
23 bargaining units as provided in paragraph (1) of this
24 subsection (s), a public employer may agree to permit its
25 supervisory employees to form bargaining units and may
26 bargain with those units. This Act shall apply if the public
27 employer chooses to bargain under this subsection.
28 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
29 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
30 (Text of Section after amendment by P.A. 89-685)
31 Sec. 3. Definitions. As used in this Act, unless the
32 context otherwise requires:
33 (a) "Board" or "Governing Board" means either the
34 Illinois State Labor Relations Board or the Illinois Local
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1 Labor Relations Board.
2 (b) "Collective bargaining" means bargaining over terms
3 and conditions of employment, including hours, wages, and
4 other conditions of employment, as detailed in Section 7 and
5 which are not excluded by Section 4.
6 (c) "Confidential employee" means an employee who, in
7 the regular course of his or her duties, assists and acts in
8 a confidential capacity to persons who formulate, determine,
9 and effectuate management policies with regard to labor
10 relations or who, in the regular course of his or her duties,
11 has authorized access to information relating to the
12 effectuation or review of the employer's collective
13 bargaining policies.
14 (d) "Craft employees" means skilled journeymen, crafts
15 persons, and their apprentices and helpers.
16 (e) "Essential services employees" means those public
17 employees performing functions so essential that the
18 interruption or termination of the function will constitute a
19 clear and present danger to the health and safety of the
20 persons in the affected community.
21 (f) "Exclusive representative", except with respect to
22 non-State fire fighters and paramedics employed by fire
23 departments and fire protection districts, non-State peace
24 officers, and peace officers in the Department of State
25 Police, means the labor organization that has been (i)
26 designated by the Board as the representative of a majority
27 of public employees in an appropriate bargaining unit in
28 accordance with the procedures contained in this Act, (ii)
29 historically recognized by the State of Illinois or any
30 political subdivision of the State before July 1, 1984 (the
31 effective date of this Act) as the exclusive representative
32 of the employees in an appropriate bargaining unit, or (iii)
33 after July 1, 1984 (the effective date of this Act)
34 recognized by an employer upon evidence, acceptable to the
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1 Board, that the labor organization has been designated as the
2 exclusive representative by a majority of the employees in an
3 appropriate bargaining unit.
4 With respect to non-State fire fighters and paramedics
5 employed by fire departments and fire protection districts,
6 non-State peace officers, and peace officers in the
7 Department of State Police, "exclusive representative" means
8 the labor organization that has been (i) designated by the
9 Board as the representative of a majority of peace officers
10 or fire fighters in an appropriate bargaining unit in
11 accordance with the procedures contained in this Act, (ii)
12 historically recognized by the State of Illinois or any
13 political subdivision of the State before January 1, 1986
14 (the effective date of this amendatory Act of 1985) as the
15 exclusive representative by a majority of the peace officers
16 or fire fighters in an appropriate bargaining unit, or (iii)
17 after January 1, 1986 (the effective date of this amendatory
18 Act of 1985) recognized by an employer upon evidence,
19 acceptable to the Board, that the labor organization has been
20 designated as the exclusive representative by a majority of
21 the peace officers or fire fighters in an appropriate
22 bargaining unit.
23 (g) "Fair share agreement" means an agreement between
24 the employer and an employee organization under which all or
25 any of the employees in a collective bargaining unit are
26 required to pay their proportionate share of the costs of the
27 collective bargaining process, contract administration, and
28 pursuing matters affecting wages, hours, and other conditions
29 of employment, but not to exceed the amount of dues uniformly
30 required of members. The amount certified by the exclusive
31 representative shall not include any fees for contributions
32 related to the election or support of any candidate for
33 political office. Nothing in this subsection (g) shall
34 preclude an employee from making voluntary political
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1 contributions in conjunction with his or her fair share
2 payment.
3 (g-1) "Fire fighter" means, for the purposes of this Act
4 only, any person who has been or is hereafter appointed to a
5 fire department or fire protection district or employed by a
6 state university and sworn or commissioned to perform fire
7 fighter duties or paramedic duties, except that the following
8 persons are not included: part-time fire fighters, auxiliary,
9 reserve or voluntary fire fighters, including paid on-call
10 fire fighters, clerks and dispatchers or other civilian
11 employees of a fire department or fire protection district
12 who are not routinely expected to perform fire fighter
13 duties, or elected officials.
14 (g-2) "General Assembly of the State of Illinois" means
15 the legislative branch of the government of the State of
16 Illinois, as provided for under Article IV of the
17 Constitution of the State of Illinois, and includes but is
18 not limited to the House of Representatives, the Senate, the
19 Speaker of the House of Representatives, the Minority Leader
20 of the House of Representatives, the President of the Senate,
21 the Minority Leader of the Senate, the Joint Committee on
22 Legislative Support Services and any legislative support
23 services agency listed in the Legislative Commission
24 Reorganization Act of 1984.
25 (h) "Governing body" means, in the case of the State,
26 the State Labor Relations Board, the Director of the
27 Department of Central Management Services, and the Director
28 of the Department of Labor; the county board in the case of a
29 county; the corporate authorities in the case of a
30 municipality; and the appropriate body authorized to provide
31 for expenditures of its funds in the case of any other unit
32 of government.
33 (i) "Labor organization" means any organization in which
34 public employees participate and that exists for the purpose,
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1 in whole or in part, of dealing with a public employer
2 concerning wages, hours, and other terms and conditions of
3 employment, including the settlement of grievances.
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 (k) "Peace officer" means, for the purposes of this Act
9 only, any persons who have been or are hereafter appointed to
10 a police force, department, or agency and sworn or
11 commissioned to perform police duties, except that the
12 following persons are not included: part-time police
13 officers, special police officers, auxiliary police as
14 defined by Section 3.1-30-20 of the Illinois Municipal Code,
15 night watchmen, "merchant police", court security officers as
16 defined by Section 3-6012.1 of the Counties Code, temporary
17 employees, traffic guards or wardens, civilian parking meter
18 and parking facilities personnel or other individuals
19 specially appointed to aid or direct traffic at or near
20 schools or public functions or to aid in civil defense or
21 disaster, parking enforcement employees who are not
22 commissioned as peace officers and who are not armed and who
23 are not routinely expected to effect arrests, parking lot
24 attendants, clerks and dispatchers or other civilian
25 employees of a police department who are not routinely
26 expected to effect arrests, or elected officials.
27 (l) "Person" includes one or more individuals, labor
28 organizations, public employees, associations, corporations,
29 legal representatives, trustees, trustees in bankruptcy,
30 receivers, or the State of Illinois or any political
31 subdivision of the State or governing body, but does not
32 include the General Assembly of the State of Illinois or any
33 individual employed by the General Assembly of the State of
34 Illinois.
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1 (m) "Professional employee" means any employee engaged
2 in work predominantly intellectual and varied in character
3 rather than routine mental, manual, mechanical or physical
4 work; involving the consistent exercise of discretion and
5 adjustment in its performance; of such a character that the
6 output produced or the result accomplished cannot be
7 standardized in relation to a given period of time; and
8 requiring advanced knowledge in a field of science or
9 learning customarily acquired by a prolonged course of
10 specialized intellectual instruction and study in an
11 institution of higher learning or a hospital, as
12 distinguished from a general academic education or from
13 apprenticeship or from training in the performance of routine
14 mental, manual, or physical processes; or any employee who
15 has completed the courses of specialized intellectual
16 instruction and study prescribed in this subsection (m) and
17 is performing related work under the supervision of a
18 professional person to qualify to become a professional
19 employee as defined in this subsection (m).
20 (n) "Public employee" or "employee", for the purposes of
21 this Act, means any individual employed by a public employer,
22 including interns and residents at public hospitals, but
23 excluding all of the following: employees of the General
24 Assembly of the State of Illinois; elected officials;
25 executive heads of a department; members of boards or
26 commissions; employees of any agency, board or commission
27 created by this Act; employees appointed to State positions
28 of a temporary or emergency nature; all employees of school
29 districts and higher education institutions except
30 firefighters and peace officers employed by a state
31 university; managerial employees; short-term employees;
32 confidential employees; independent contractors; and
33 supervisors except as provided in this Act.
34 Notwithstanding Section 9, subsection (c), or any other
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1 provisions of this Act, all peace officers above the rank of
2 captain in municipalities with more than 1,000,000
3 inhabitants shall be excluded from this Act.
4 (o) "Public employer" or "employer" means the State of
5 Illinois; any political subdivision of the State, unit of
6 local government or school district; authorities including
7 departments, divisions, bureaus, boards, commissions, or
8 other agencies of the foregoing entities; and any person
9 acting within the scope of his or her authority, express or
10 implied, on behalf of those entities in dealing with its
11 employees. "Public employer" or "employer" as used in this
12 Act, however, does not mean and shall not include the General
13 Assembly of the State of Illinois and educational employers
14 or employers as defined in the Illinois Educational Labor
15 Relations Act, except with respect to a state university in
16 its employment of firefighters and peace officers. County
17 boards and county sheriffs shall be designated as joint or
18 co-employers of county peace officers appointed under the
19 authority of a county sheriff. Nothing in this subsection
20 (o) shall be construed to prevent the State Board or the
21 Local Board from determining that employers are joint or
22 co-employers.
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
27 majority of employees being responsible for the supervision
28 and control of inmates at correctional facilities.
29 (q) "Short-term employee" means an employee who is
30 employed for less that 2 consecutive calendar quarters during
31 a calendar year and who does not have a reasonable assurance
32 that he or she will be rehired by the same employer for the
33 same service in a subsequent calendar year.
34 (r) "Supervisor" is an employee whose principal work is
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1 substantially different from that of his or her subordinates
2 and who has authority, in the interest of the employer, to
3 hire, transfer, suspend, lay off, recall, promote, discharge,
4 direct, reward, or discipline employees, to adjust their
5 grievances, or to effectively recommend any of those actions,
6 if the exercise of that authority is not of a merely routine
7 or clerical nature, but requires the consistent use of
8 independent judgment. Except with respect to police
9 employment, the term "supervisor" includes only those
10 individuals who devote a preponderance of their employment
11 time to exercising that authority, State supervisors
12 notwithstanding. In addition, in determining supervisory
13 status in police employment, rank shall not be determinative.
14 The Board shall consider, as evidence of bargaining unit
15 inclusion or exclusion, the common law enforcement policies
16 and relationships between police officer ranks and
17 certification under applicable civil service law, ordinances,
18 personnel codes, or Division 2.1 of Article 10 of the
19 Illinois Municipal Code, but these factors shall not be the
20 sole or predominant factors considered by the Board in
21 determining police supervisory status.
22 Notwithstanding the provisions of the preceding
23 paragraph, in determining supervisory status in fire fighter
24 employment, no fire fighter shall be excluded as a supervisor
25 who has established representation rights under Section 9 of
26 this Act. Further, in new fire fighter units, employees
27 shall consist of fire fighters of the rank of company officer
28 and below. If a company officer otherwise qualifies as a
29 supervisor under the preceding paragraph, however, he or she
30 shall not be included in the fire fighter unit. If there is
31 no rank between that of chief and the highest company
32 officer, the employer may designate a position on each shift
33 as a Shift Commander, and the persons occupying those
34 positions shall be supervisors. All other ranks above that
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1 of company officer shall be supervisors.
2 (r-1) "Telecommunicator" means a person who is trained
3 and employed in public safety telecommunications. The term
4 applies to complaint telephone operators, radio operators,
5 data terminal operators, or any combination of these
6 functions in an emergency or non-emergency Public Safety
7 Answering Point.
8 (s) (1) "Unit" means a class of jobs or positions that
9 are held by employees whose collective interests may suitably
10 be represented by a labor organization for collective
11 bargaining. Except 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 employees and
16 supervisors, or supervisors only, except as provided in
17 paragraph (2) of this subsection (s) and except for
18 bargaining units in existence on July 1, 1984 (the effective
19 date of this Act). 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 supervisors
24 and nonsupervisors, or supervisors only, except as provided
25 in paragraph (2) of this subsection (s) and except for
26 bargaining units in existence on January 1, 1986 (the
27 effective date of this amendatory Act of 1985). A bargaining
28 unit determined by the Board to contain peace officers shall
29 contain no employees other than peace officers unless
30 otherwise agreed to by the employer and the labor
31 organization or labor organizations involved.
32 Notwithstanding any other provision of this Act, a bargaining
33 unit, including a historical bargaining unit, containing
34 sworn peace officers of the Department of Natural Resources
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1 (formerly designated the Department of Conservation) shall
2 contain no employees other than such sworn peace officers
3 upon the effective date of this amendatory Act of 1990 or
4 upon the expiration date of any collective bargaining
5 agreement in effect upon the effective date of this
6 amendatory Act of 1990 covering both such sworn peace
7 officers and other employees.
8 (2) Notwithstanding the exclusion of supervisors from
9 bargaining units as provided in paragraph (1) of this
10 subsection (s), a public employer may agree to permit its
11 supervisory employees to form bargaining units and may
12 bargain with those units. This Act shall apply if the public
13 employer chooses to bargain under this subsection.
14 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
15 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
16 6-1-97; revised 1-14-97.)
17 (5 ILCS 315/14) (from Ch. 48, par. 1614)
18 Sec. 14. Security employee, peace officer, and fire
19 fighter, and telecommunicator disputes.
20 (a) In the case of collective bargaining agreements
21 involving units of security employees of a public employer,
22 Peace Officer Units, or units of fire fighters or paramedics,
23 or units of telecommunicators of a public employer, and in
24 the case of disputes under Section 18, unless the parties
25 mutually agree to some other time limit, mediation shall
26 commence 30 days prior to the expiration date of such
27 agreement or at such later time as the mediation services
28 chosen under subsection (b) of Section 12 can be provided to
29 the parties. In the case of negotiations for an initial
30 collective bargaining agreement, mediation shall commence
31 upon 15 days notice from either party or at such later time
32 as the mediation services chosen pursuant to subsection (b)
33 of Section 12 can be provided to the parties. In mediation
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1 under this Section, if either party requests the use of
2 mediation services from the Federal Mediation and
3 Conciliation Service, the other party shall either join in
4 such request or bear the additional cost of mediation
5 services from another source. The mediator shall have a duty
6 to keep the Board informed on the progress of the mediation.
7 If any dispute has not been resolved within 15 days after the
8 first meeting of the parties and the mediator, or within such
9 other time limit as may be mutually agreed upon by the
10 parties, either the exclusive representative or employer may
11 request of the other, in writing, arbitration, and shall
12 submit a copy of the request to the Board.
13 (b) Within 10 days after such a request for arbitration
14 has been made, the employer shall choose a delegate and the
15 employees' exclusive representative shall choose a delegate
16 to a panel of arbitration as provided in this Section. The
17 employer and employees shall forthwith advise the other and
18 the Board of their selections.
19 (c) Within 7 days of the request of either party, the
20 Board shall select from the Public Employees Labor Mediation
21 Roster 7 persons who are on the labor arbitration panels of
22 either the American Arbitration Association or the Federal
23 Mediation and Conciliation Service, or who are members of the
24 National Academy of Arbitrators, as nominees for impartial
25 arbitrator of the arbitration panel. The parties may select
26 an individual on the list provided by the Board or any other
27 individual mutually agreed upon by the parties. Within 7
28 days following the receipt of the list, the parties shall
29 notify the Board of the person they have selected. Unless
30 the parties agree on an alternate selection procedure, they
31 shall alternatively strike one name from the list provided by
32 the Board until only one name remains. A coin toss shall
33 determine which party shall strike the first name. If the
34 parties fail to notify the Board in a timely manner of their
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1 selection for neutral chairman, the Board shall appoint a
2 neutral chairman from the Illinois Public Employees
3 Mediation/Arbitration Roster.
4 (d) The chairman shall call a hearing to begin within 15
5 days and give reasonable notice of the time and place of the
6 hearing. The hearing shall be held at the offices of the
7 Board or at such other location as the Board deems
8 appropriate. The chairman shall preside over the hearing and
9 shall take testimony. Any oral or documentary evidence and
10 other data deemed relevant by the arbitration panel may be
11 received in evidence. The proceedings shall be informal.
12 Technical rules of evidence shall not apply and the
13 competency of the evidence shall not thereby be deemed
14 impaired. A verbatim record of the proceedings shall be made
15 and the arbitrator shall arrange for the necessary recording
16 service. Transcripts may be ordered at the expense of the
17 party ordering them, but the transcripts shall not be
18 necessary for a decision by the arbitration panel. The
19 expense of the proceedings, including a fee for the chairman,
20 established in advance by the Board, shall be borne equally
21 by each of the parties to the dispute. The delegates, if
22 public officers or employees, shall continue on the payroll
23 of the public employer without loss of pay. The hearing
24 conducted by the arbitration panel may be adjourned from time
25 to time, but unless otherwise agreed by the parties, shall be
26 concluded within 30 days of the time of its commencement.
27 Majority actions and rulings shall constitute the actions and
28 rulings of the arbitration panel. Arbitration proceedings
29 under this Section shall not be interrupted or terminated by
30 reason of any unfair labor practice charge filed by either
31 party at any time.
32 (e) The arbitration panel may administer oaths, require
33 the attendance of witnesses, and the production of such
34 books, papers, contracts, agreements and documents as may be
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1 deemed by it material to a just determination of the issues
2 in dispute, and for such purpose may issue subpoenas. If any
3 person refuses to obey a subpoena, or refuses to be sworn or
4 to testify, or if any witness, party or attorney is guilty of
5 any contempt while in attendance at any hearing, the
6 arbitration panel may, or the attorney general if requested
7 shall, invoke the aid of any circuit court within the
8 jurisdiction in which the hearing is being held, which court
9 shall issue an appropriate order. Any failure to obey the
10 order may be punished by the court as contempt.
11 (f) At any time before the rendering of an award, the
12 chairman of the arbitration panel, if he is of the opinion
13 that it would be useful or beneficial to do so, may remand
14 the dispute to the parties for further collective bargaining
15 for a period not to exceed 2 weeks. If the dispute is
16 remanded for further collective bargaining the time
17 provisions of this Act shall be extended for a time period
18 equal to that of the remand. The chairman of the panel of
19 arbitration shall notify the Board of the remand.
20 (g) At or before the conclusion of the hearing held
21 pursuant to subsection (d), the arbitration panel shall
22 identify the economic issues in dispute, and direct each of
23 the parties to submit, within such time limit as the panel
24 shall prescribe, to the arbitration panel and to each other
25 its last offer of settlement on each economic issue. The
26 determination of the arbitration panel as to the issues in
27 dispute and as to which of these issues are economic shall be
28 conclusive. The arbitration panel, within 30 days after the
29 conclusion of the hearing, or such further additional periods
30 to which the parties may agree, shall make written findings
31 of fact and promulgate a written opinion and shall mail or
32 otherwise deliver a true copy thereof to the parties and
33 their representatives and to the Board. As to each economic
34 issue, the arbitration panel shall adopt the last offer of
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1 settlement which, in the opinion of the arbitration panel,
2 more nearly complies with the applicable factors prescribed
3 in subsection (h). The findings, opinions and order as to
4 all other issues shall be based upon the applicable factors
5 prescribed in subsection (h).
6 (h) Where there is no agreement between the parties, or
7 where there is an agreement but the parties have begun
8 negotiations or discussions looking to a new agreement or
9 amendment of the existing agreement, and wage rates or other
10 conditions of employment under the proposed new or amended
11 agreement are in dispute, the arbitration panel shall base
12 its findings, opinions and order upon the following factors,
13 as applicable:
14 (1) The lawful authority of the employer.
15 (2) Stipulations of the parties.
16 (3) The interests and welfare of the public and the
17 financial ability of the unit of government to meet those
18 costs.
19 (4) Comparison of the wages, hours and conditions
20 of employment of the employees involved in the
21 arbitration proceeding with the wages, hours and
22 conditions of employment of other employees performing
23 similar services and with other employees generally:
24 (A) In public employment in comparable
25 communities.
26 (B) In private employment in comparable
27 communities.
28 (5) The average consumer prices for goods and
29 services, commonly known as the cost of living.
30 (6) The overall compensation presently received by
31 the employees, including direct wage compensation,
32 vacations, holidays and other excused time, insurance and
33 pensions, medical and hospitalization benefits, the
34 continuity and stability of employment and all other
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1 benefits received.
2 (7) Changes in any of the foregoing circumstances
3 during the pendency of the arbitration proceedings.
4 (8) Such other factors, not confined to the
5 foregoing, which are normally or traditionally taken into
6 consideration in the determination of wages, hours and
7 conditions of employment through voluntary collective
8 bargaining, mediation, fact-finding, arbitration or
9 otherwise between the parties, in the public service or
10 in private employment.
11 (i) In the case of peace officers, the arbitration
12 decision shall be limited to wages, hours and conditions of
13 employment and shall not include the following: i) residency
14 requirements; ii) the type of equipment, other than uniforms,
15 issued or used; iii) manning; iv) the total number of
16 employees employed by the department; v) mutual aid and
17 assistance agreements to other units of government; and vi)
18 the criterion pursuant to which force, including deadly
19 force, can be used; provided, nothing herein shall preclude
20 an arbitration decision regarding equipment or manning levels
21 if such decision is based on a finding that the equipment or
22 manning considerations in a specific work assignment involve
23 a serious risk to the safety of a peace officer beyond that
24 which is inherent in the normal performance of police duties.
25 Limitation of the terms of the arbitration decision pursuant
26 to this subsection shall not be construed to limit the
27 factors upon which the decision may be based, as set forth in
28 subsection (h).
29 In the case of fire fighter, and fire department or fire
30 district paramedic matters, the arbitration decision shall be
31 limited to wages, hours and conditions of employment and
32 shall not include the following matters: i) residency
33 requirements; ii) the type of equipment (other than uniforms
34 and fire fighter turnout gear) issued or used; iii) the total
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1 number of employees employed by the department; iv) mutual
2 aid and assistance agreements to other units of government;
3 and v) the criterion pursuant to which force, including
4 deadly force, can be used; provided, however, nothing herein
5 shall preclude an arbitration decision regarding equipment
6 levels if such decision is based on a finding that the
7 equipment considerations in a specific work assignment
8 involve a serious risk to the safety of a fire fighter beyond
9 that which is inherent in the normal performance of fire
10 fighter duties. Limitation of the terms of the arbitration
11 decision pursuant to this subsection shall not be construed
12 to limit the facts upon which the decision may be based, as
13 set forth in subsection (h).
14 To preserve historical bargaining rights, this subsection
15 shall not apply to any provision of a fire fighter collective
16 bargaining agreement in effect and applicable on the
17 effective date of this Act; provided, however, nothing herein
18 shall preclude arbitration with respect to any such
19 provision.
20 (j) Arbitration procedures shall be deemed to be
21 initiated by the filing of a letter requesting mediation as
22 required under subsection (a) of this Section. The
23 commencement of a new municipal fiscal year after the
24 initiation of arbitration procedures under this Act, but
25 before the arbitration decision, or its enforcement, shall
26 not be deemed to render a dispute moot, or to otherwise
27 impair the jurisdiction or authority of the arbitration panel
28 or its decision. Increases in rates of compensation awarded
29 by the arbitration panel may be effective only at the start
30 of the fiscal year next commencing after the date of the
31 arbitration award. If a new fiscal year has commenced either
32 since the initiation of arbitration procedures under this Act
33 or since any mutually agreed extension of the statutorily
34 required period of mediation under this Act by the parties to
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1 the labor dispute causing a delay in the initiation of
2 arbitration, the foregoing limitations shall be inapplicable,
3 and such awarded increases may be retroactive to the
4 commencement of the fiscal year, any other statute or charter
5 provisions to the contrary, notwithstanding. At any time the
6 parties, by stipulation, may amend or modify an award of
7 arbitration.
8 (k) Orders of the arbitration panel shall be reviewable,
9 upon appropriate petition by either the public employer or
10 the exclusive bargaining representative, by the circuit court
11 for the county in which the dispute arose or in which a
12 majority of the affected employees reside, but only for
13 reasons that the arbitration panel was without or exceeded
14 its statutory authority; the order is arbitrary, or
15 capricious; or the order was procured by fraud, collusion or
16 other similar and unlawful means. Such petitions for review
17 must be filed with the appropriate circuit court within 90
18 days following the issuance of the arbitration order. The
19 pendency of such proceeding for review shall not
20 automatically stay the order of the arbitration panel. The
21 party against whom the final decision of any such court shall
22 be adverse, if such court finds such appeal or petition to be
23 frivolous, shall pay reasonable attorneys' fees and costs to
24 the successful party as determined by said court in its
25 discretion. If said court's decision affirms the award of
26 money, such award, if retroactive, shall bear interest at the
27 rate of 12 percent per annum from the effective retroactive
28 date.
29 (l) During the pendency of proceedings before the
30 arbitration panel, existing wages, hours, and other
31 conditions of employment shall not be changed by action of
32 either party without the consent of the other but a party may
33 so consent without prejudice to his rights or position under
34 this Act. The proceedings are deemed to be pending before
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1 the arbitration panel upon the initiation of arbitration
2 procedures under this Act.
3 (m) Security officers of public employers, and Peace
4 Officers, Fire Fighters, and fire department and fire
5 protection district paramedics, and telecommunicators of
6 public employers, covered by this Section may not withhold
7 services, nor may public employers lock out or prevent such
8 employees from performing services at any time.
9 (n) All of the terms decided upon by the arbitration
10 panel shall be included in an agreement to be submitted to
11 the public employer's governing body for ratification and
12 adoption by law, ordinance or the equivalent appropriate
13 means.
14 The governing body shall review each term decided by the
15 arbitration panel. If the governing body fails to reject one
16 or more terms of the arbitration panel's decision by a 3/5
17 vote of those duly elected and qualified members of the
18 governing body, within 20 days of issuance, or in the case of
19 firefighters employed by a state university, at the next
20 regularly scheduled meeting of the governing body after
21 issuance, such term or terms shall become a part of the
22 collective bargaining agreement of the parties. If the
23 governing body affirmatively rejects one or more terms of the
24 arbitration panel's decision, it must provide reasons for
25 such rejection with respect to each term so rejected, within
26 20 days of such rejection and the parties shall return to the
27 arbitration panel for further proceedings and issuance of a
28 supplemental decision with respect to the rejected terms.
29 Any supplemental decision by an arbitration panel or other
30 decision maker agreed to by the parties shall be submitted to
31 the governing body for ratification and adoption in
32 accordance with the procedures and voting requirements set
33 forth in this Section. The voting requirements of this
34 subsection shall apply to all disputes submitted to
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1 arbitration pursuant to this Section notwithstanding any
2 contrary voting requirements contained in any existing
3 collective bargaining agreement between the parties.
4 (o) If the governing body of the employer votes to
5 reject the panel's decision, the parties shall return to the
6 panel within 30 days from the issuance of the reasons for
7 rejection for further proceedings and issuance of a
8 supplemental decision. All reasonable costs of such
9 supplemental proceeding including the exclusive
10 representative's reasonable attorney's fees, as established
11 by the Board, shall be paid by the employer.
12 (p) Notwithstanding the provisions of this Section the
13 employer and exclusive representative may agree to submit
14 unresolved disputes concerning wages, hours, terms and
15 conditions of employment to an alternative form of impasse
16 resolution.
17 (Source: P.A. 89-195, eff. 7-21-95.)
18 (5 ILCS 315/17) (from Ch. 48, par. 1617)
19 Sec. 17. Right to strike.
20 (a) Nothing in this Act shall make it unlawful or make it
21 an unfair labor practice for public employees, other than
22 security employees, as defined in subsection (p) of Section 3
23 (3p), telecommunicators as defined in subsection (r-1) of
24 Section 3, Peace Officers, Fire Fighters, and paramedics
25 employed by fire departments and fire protection districts,
26 to strike except as otherwise provided in this Act. Public
27 employees who are permitted to strike may strike only if:
28 (1) the employees are represented by an exclusive
29 bargaining representative;
30 (2) the collective bargaining agreement between the
31 public employer and the public employees, if any, has
32 expired, or such collective bargaining agreement does not
33 prohibit the strike;
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1 (3) the public employer and the labor organization have
2 not mutually agreed to submit the disputed issues to final
3 and binding arbitration;
4 (4) the exclusive representative has requested a
5 mediator pursuant to Section 12 for the purpose of mediation
6 or conciliation of a dispute between the public employer and
7 the exclusive representative and mediation has been used; and
8 (5) at least 5 days have elapsed after a notice of
9 intent to strike has been given by the exclusive bargaining
10 representative to the public employer.
11 In mediation under this Section, if either party requests
12 the use of mediation services from the Federal Mediation and
13 Conciliation Service, the other party shall either join in
14 such request or bear the additional cost of mediation
15 services from another source.
16 (b) An employee who participates in a strike, work
17 stoppage or slowdown, in violation of this Act shall be
18 subject to discipline by the employer. No employer may pay
19 or cause such employee to be paid any wages or other
20 compensation for such periods of participation, except for
21 wages or compensation earned before participation in such
22 strike.
23 (Source: P.A. 86-412.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.