Bill Text: IL HB0123 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating for exclusion from collective bargaining public employees who are classified as or who hold certain titles and (ii) to specify that public employees who are classified as or who hold those titles qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0123 Detail]

Download: Illinois-2013-HB0123-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB0123 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/6.1
Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating for exclusion from collective bargaining public employees who are classified as or who hold certain titles and (ii) to specify that public employees who are classified as or who hold those titles qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if Senate Bill 1556, as passed by
the 97th General Assembly, becomes law, the Illinois Public
Labor Relations Act is amended by changing Sections 3 and 6.1
as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has

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authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; (iv) recognized as the exclusive

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representative of personal care attendants or personal
assistants under Executive Order 2003-8 prior to the effective
date of this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal care attendants or personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the
exclusive representative of the child and day care home
providers as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986

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(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of

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a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of

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employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the Secretary
of State, the Comptroller, or the Treasurer, as the case may
be, and whose job duties require the person to regularly
communicate in the course of his or her employment with any
official or staff of the General Assembly of the State of
Illinois for the purpose of influencing any legislative action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a
bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after the effective date of this amendatory Act of
the 97th General Assembly, or (iii) for which a petition is
pending before the Illinois Public Labor Relations Board on
that date, "managerial employee" means an individual who is
engaged in executive and management functions or who is charged
with the effectuation of management policies and practices or
who represents management interests by taking or recommending
discretionary actions that effectively control or implement
policy. Nothing in this definition prohibits an individual from

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also meeting the definition "supervisor" under subsection (r)
of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any

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individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal care attendants and
personal assistants working under the Home Services Program

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under Section 3 of the Disabled Persons Rehabilitation Act,
subject to the limitations set forth in this Act and in the
Disabled Persons Rehabilitation Act, and (iii) as of the
effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, (iv) beginning on the effective date
of this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any person
employed by a public employer and who is classified as or who
holds the employment title of Chief Stationary Engineer,
Assistant Chief Stationary Engineer, Sewage Plant Operator,
Water Plant Operator, Stationary Engineer, or Plant Operating
Engineer, and (v) beginning on the effective date of this
amendatory Act of the 98th General Assembly and notwithstanding
any other provision of this Act, any mental health
administrator in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 8K), any attorney in the Department of
Corrections who is classified as or who holds the position of
Public Service Administrator (Option 8L), any nuclear safety
staff attorney in the Illinois Emergency Management Agency, any
Section Chief, Deputy Lab Director, Research and Development
Coordinator, Quality Assurance Director, or Assistant Director

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of Training in the Department of State Police who is classified
as or who holds the position of Senior Public Service
Administrator (Option 7), any employee of the Office of the
Inspector General in the Department of Human Services who is
classified as or who holds the position of Public Service
Administrator (Option 7), any Deputy of Intelligence in the
Department of Corrections who is classified as or who holds the
position of Public Service Administrator (Option 7), and any
employee of the Department of State Police who handles issues
concerning the Illinois State Police Sex Offender Registry and
who is classified as or holds the position of Public Service
Administrator (Option 7), but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school

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districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; legislative liaisons; a
person who is a State employee under the jurisdiction of the
Office of the Attorney General who is licensed to practice law
or whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation; a person who is a State employee under
the jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code; a
person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of State
Merit Employment Code and who are in Rutan-exempt positions on
or after the effective date of this amendatory Act of the 97th

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General Assembly; a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a, legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Personal care attendants and personal assistants shall not
be considered public employees for any purposes not
specifically provided for in the amendatory Act of the 93rd

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General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the

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employer of the personal care attendants and personal
assistants working under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act, subject
to the limitations set forth in this Act and in the Disabled
Persons Rehabilitation Act. The State shall not be considered
to be the employer of personal care attendants and personal
assistants for any purposes not specifically provided for in
this amendatory Act of the 93rd General Assembly, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Personal care attendants and personal assistants shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). As of the effective date of this amendatory Act of
the 94th General Assembly but not before, the State of Illinois
shall be considered the employer of the day and child care home
providers participating in the child care assistance program
under Section 9A-11 of the Illinois Public Aid Code, subject to
the limitations set forth in this Act and in Section 9A-11 of
the Illinois Public Aid Code. The State shall not be considered
to be the employer of child and day care home providers for any
purposes not specifically provided for in this amendatory Act
of the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.

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"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers and except with
respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General
Assembly. County boards and county sheriffs shall be designated
as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this
subsection (o) shall be construed to prevent the State Panel or
the Local Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court

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Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible

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to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Department of State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law

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enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the
persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were certified
in a bargaining unit on or after December 2, 2008, (ii) for

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which a petition is filed with the Illinois Public Labor
Relations Board on or after the effective date of this
amendatory Act of the 97th General Assembly, or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the National
Labor Relations Board interpreting that provision or
decisions of courts reviewing decisions of the National
Labor Relations Board.
(s) (1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably
be represented by a labor organization for collective
bargaining. Except with respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining
unit determined by the Board shall not include both
employees and supervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on July 1, 1984 (the
effective date of this Act). With respect to non-State fire
fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers, and
peace officers in the Department of State Police, a
bargaining unit determined by the Board shall not include

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both supervisors and nonsupervisors, or supervisors only,
except as provided in paragraph (2) of this subsection (s)
and except for bargaining units in existence on January 1,
1986 (the effective date of this amendatory Act of 1985). A
bargaining unit determined by the Board to contain peace
officers shall contain no employees other than peace
officers unless otherwise agreed to by the employer and the
labor organization or labor organizations involved.
Notwithstanding any other provision of this Act, a
bargaining unit, including a historical bargaining unit,
containing sworn peace officers of the Department of
Natural Resources (formerly designated the Department of
Conservation) shall contain no employees other than such
sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the
effective date of this amendatory Act of 1990 covering both
such sworn peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may
bargain with those units. This Act shall apply if the
public employer chooses to bargain under this subsection.
(3) Public employees who are court reporters, as
defined in the Court Reporters Act, shall be divided into 3

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units for collective bargaining purposes. One unit shall be
court reporters employed by the Cook County Judicial
Circuit; one unit shall be court reporters employed by the
12th, 18th, 19th, and, on and after December 4, 2006, the
22nd judicial circuits; and one unit shall be court
reporters employed by all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
(5 ILCS 315/6.1)

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Sec. 6.1. Gubernatorial designation of certain public
employment positions as excluded from collective bargaining.
(a) Notwithstanding any provision of this Act to the
contrary, except subsections (e) and (f) of this Section, the
Governor is authorized to designate up to 3,580 State
employment positions collectively within State agencies
directly responsible to the Governor, and, upon designation,
those positions and employees in those positions, if any, are
hereby excluded from the self-organization and collective
bargaining provisions of Section 6 of this Act. Only those
employment positions that have been certified in a bargaining
unit on or after December 2, 2008, that have a pending petition
for certification in a bargaining unit on the effective date of
this amendatory Act of the 97th General Assembly, or that
neither have been certified in a bargaining unit on or after
December 2, 2008 nor have a pending petition for certification
in a bargaining unit on the effective date of this amendatory
Act of the 97th General Assembly are eligible to be designated
by the Governor under this Section. The Governor may not
designate under this Section, however, more than 1,900
employment positions that have been certified in a bargaining
unit on or after December 2, 2008.
(b) In order to properly designate a State employment
position under this Section, the Governor shall provide in
writing to the Board: the job title and job duties of the
employment position; the name of the State employee currently

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in the employment position, if any; the name of the State
agency employing the public employee; and the category under
which the position qualifies for designation under this
Section.
To qualify for designation under this Section, the
employment position must meet one or more of the following
requirements:
(1) it must authorize an employee in that position to
act as a legislative liaison;
(2) it must have a title of, or authorize a person who
holds that position to exercise substantially similar
duties as an, Agency General Counsel, Agency Chief of
Staff, Agency Executive Director, Agency Deputy Director,
Agency Chief Fiscal Officer, Agency Human Resources
Director, Senior Public Service Administrator, Public
Information Officer, or Chief Information Officer;
(3) it must be a Rutan-exempt, as designated by the
employer, position and completely exempt from jurisdiction
B of the Personnel Code;
(4) it must be a term appointed position pursuant to
Section 8b.18 or 8b.19 of the Personnel Code; or
(5) it must authorize an employee in that position to
have significant and independent discretionary authority
as an employee.
Within 60 days after the Governor makes a designation under
this Section, the Board shall determine, in a manner that is

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consistent with the requirements of due process, whether the
designation comports with the requirements of this Section.
(c) For the purposes of this Section, a person has
significant and independent discretionary authority as an
employee if he or she (i) is engaged in executive and
management functions of a State agency and charged with the
effectuation of management policies and practices of a State
agency or represents management interests by taking or
recommending discretionary actions that effectively control or
implement the policy of a State agency or (ii) qualifies as a
supervisor of a State agency as that term is defined under
Section 152 of the National Labor Relations Act or any orders
of the National Labor Relations Board interpreting that
provision or decisions of courts reviewing decisions of the
National Labor Relations Board.
(d) The Governor must exercise the authority afforded under
this Section within 365 calendar days after the effective date
of this amendatory Act of the 97th General Assembly. Any
designation made by the Governor under this Section shall be
presumed to have been properly made.
If the Governor chooses not to designate a position under
this Section, then that decision does not preclude a State
agency from otherwise challenging the certification of that
position under this Act.
The qualifying categories set forth in paragraphs (1)
through (5) of subsection (b) of this Section are operative and

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function solely within this Section and do not expand or
restrict the scope of any other provision contained in this
Act.
(e) The provisions of this Section do not apply to any
employee who is employed by a public employer and who is
classified as, or holds the employment title of, Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, or Plant Operating Engineer.
(f) The provisions of this Section do not apply to any
mental health administrator in the Department of Corrections
who is classified as or who holds the position of Public
Service Administrator (Option 8K), any attorney in the
Department of Corrections who is classified as or who holds the
position of Public Service Administrator (Option 8L), any
nuclear safety staff attorney in the Illinois Emergency
Management Agency, any Section Chief, Deputy Lab Director,
Research and Development Coordinator, Quality Assurance
Director, or Assistant Director of Training in the Department
of State Police who is classified as or who holds the position
of Senior Public Service Administrator (Option 7), any employee
of the Office of the Inspector General in the Department of
Human Services who is classified as or who holds the position
of Public Service Administrator (Option 7), any Deputy of
Intelligence in the Department of Corrections who is classified
as or who holds the position of Public Service Administrator

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(Option 7), or any employee of the Department of State Police
who handles issues concerning the Illinois State Police Sex
Offender Registry and who is classified as or holds the
position of Public Service Administrator (Option 7).
(Source: 09700SB1556ham002.)
Section 99. Effective date. This Act takes effect upon
becoming law or on the effective date of Senate Bill 1556 of
the 97th General Assembly, whichever is later.