Bill Text: IL HB0259 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Public Labor Relations Act. Makes a technical change in a Section concerning security employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0259 Detail]
Download: Illinois-2013-HB0259-Amended.html
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1 | AMENDMENT TO HOUSE BILL 259
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2 | AMENDMENT NO. ______. Amend House Bill 259 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Section 3 as follows:
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6 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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7 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
8 | context
otherwise requires:
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9 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
10 | with respect to a matter over which the
jurisdiction of the | ||||||
11 | Board is assigned to the State Panel or the Local Panel
under | ||||||
12 | Section 5, the panel having jurisdiction over the matter.
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13 | (b) "Collective bargaining" means bargaining over terms | ||||||
14 | and conditions
of employment, including hours, wages, and other | ||||||
15 | conditions of employment,
as detailed in Section 7 and which | ||||||
16 | are not excluded by Section 4.
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1 | (c) "Confidential employee" means an employee who, in the | ||||||
2 | regular course
of his or her duties, assists and acts in a | ||||||
3 | confidential capacity to persons
who formulate, determine, and | ||||||
4 | effectuate management policies with regard
to labor relations | ||||||
5 | or who, in the regular course of his or her duties, has
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6 | authorized access to information relating to the effectuation
| ||||||
7 | or review of the employer's collective bargaining policies.
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8 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
9 | persons, and their
apprentices and helpers.
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10 | (e) "Essential services employees" means those public | ||||||
11 | employees
performing functions so essential that the | ||||||
12 | interruption or termination of
the function will constitute a | ||||||
13 | clear and present danger to the health and
safety of the | ||||||
14 | persons in the affected community.
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15 | (f) "Exclusive representative", except with respect to | ||||||
16 | non-State fire
fighters and paramedics employed by fire | ||||||
17 | departments and fire protection
districts, non-State peace | ||||||
18 | officers, and peace officers in the
Department of State Police, | ||||||
19 | means the labor organization that has
been (i) designated by | ||||||
20 | the Board as the representative of a majority of public
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21 | employees in an appropriate bargaining unit in accordance with | ||||||
22 | the procedures
contained in this Act, (ii) historically
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23 | recognized by the State of Illinois or
any political | ||||||
24 | subdivision of the State before July 1, 1984
(the effective | ||||||
25 | date of this
Act) as the exclusive representative of the | ||||||
26 | employees in an appropriate
bargaining unit, (iii) after July |
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1 | 1, 1984 (the
effective date of this Act) recognized by an
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2 | employer upon evidence, acceptable to the Board, that the labor
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3 | organization has been designated as the exclusive | ||||||
4 | representative by a
majority of the employees in an appropriate | ||||||
5 | bargaining unit;
(iv) recognized as the exclusive | ||||||
6 | representative of personal care attendants
or personal
| ||||||
7 | assistants under Executive Order 2003-8 prior to the effective | ||||||
8 | date of this
amendatory
Act of the 93rd General Assembly, and | ||||||
9 | the organization shall be considered to
be the
exclusive | ||||||
10 | representative of the personal care attendants or personal | ||||||
11 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
12 | exclusive representative of child and day care home providers, | ||||||
13 | including licensed and license exempt providers, pursuant to an | ||||||
14 | election held under Executive Order 2005-1 prior to the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly, and the organization shall be considered to be the | ||||||
17 | exclusive representative of the child and day care home | ||||||
18 | providers as defined in this Section.
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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 Department | ||||||
22 | of State Police,
"exclusive representative" means the labor | ||||||
23 | organization that has
been (i) designated by the Board as the | ||||||
24 | representative of a majority of peace
officers or fire fighters | ||||||
25 | in an appropriate bargaining unit in accordance
with the | ||||||
26 | procedures contained in this Act, (ii)
historically recognized
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1 | by the State of Illinois or any political subdivision of the | ||||||
2 | State before
January 1, 1986 (the effective date of this | ||||||
3 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
4 | majority of the peace officers or fire fighters in an
| ||||||
5 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
6 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
7 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
8 | labor organization has been designated as the exclusive
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9 | representative by a majority of the peace officers or fire | ||||||
10 | fighters in an
appropriate bargaining unit.
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11 | Where a historical pattern of representation exists for the | ||||||
12 | workers of a water system that was owned by a public utility, | ||||||
13 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
14 | to becoming certified employees of a municipality or | ||||||
15 | municipalities once the municipality or municipalities have | ||||||
16 | acquired the water system as authorized in Section 11-124-5 of | ||||||
17 | the Illinois Municipal Code, the Board shall find the labor | ||||||
18 | organization that has historically represented the workers to | ||||||
19 | be the exclusive representative under this Act, and shall find | ||||||
20 | the unit represented by the exclusive representative to be the | ||||||
21 | appropriate unit. | ||||||
22 | (g) "Fair share agreement" means an agreement between the | ||||||
23 | employer and
an employee organization under which all or any of | ||||||
24 | the employees in a
collective bargaining unit are required to | ||||||
25 | pay their proportionate share of
the costs of the collective | ||||||
26 | bargaining process, contract administration, and
pursuing |
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1 | matters affecting wages, hours, and other conditions of | ||||||
2 | employment,
but not to exceed the amount of dues uniformly | ||||||
3 | required of members. The
amount certified by the exclusive | ||||||
4 | representative shall not include any fees
for contributions | ||||||
5 | related to the election or support of any candidate for
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6 | political office. Nothing in this subsection (g) shall
preclude | ||||||
7 | an employee from making
voluntary political contributions in | ||||||
8 | conjunction with his or her fair share
payment.
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9 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
10 | only, any
person who has been or is hereafter appointed to a | ||||||
11 | fire department or fire
protection district or employed by a | ||||||
12 | state university and sworn or
commissioned to perform fire | ||||||
13 | fighter duties or paramedic duties, except that the
following | ||||||
14 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
15 | reserve or voluntary fire fighters, including paid on-call fire
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16 | fighters, clerks and dispatchers or other civilian employees of | ||||||
17 | a fire
department or fire protection district who are not | ||||||
18 | routinely expected to
perform fire fighter duties, or elected | ||||||
19 | officials.
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20 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
21 | legislative branch of the government of the State of Illinois, | ||||||
22 | as provided
for under Article IV of the Constitution of the | ||||||
23 | State of Illinois, and
includes but is not limited to the House | ||||||
24 | of Representatives, the Senate,
the Speaker of the House of | ||||||
25 | Representatives, the Minority Leader of the
House of | ||||||
26 | Representatives, the President of the Senate, the Minority |
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1 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
2 | Support Services and any
legislative support services agency | ||||||
3 | listed in the Legislative Commission
Reorganization Act of | ||||||
4 | 1984.
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5 | (h) "Governing body" means, in the case of the State, the | ||||||
6 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
7 | of the Department of Central
Management Services, and the | ||||||
8 | Director of the Department of Labor; the county
board in the | ||||||
9 | case of a county; the corporate authorities in the case of a
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10 | municipality; and the appropriate body authorized to provide | ||||||
11 | for expenditures
of its funds in the case of any other unit of | ||||||
12 | government.
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13 | (i) "Labor organization" means any organization in which | ||||||
14 | public employees
participate and that exists for the purpose, | ||||||
15 | in whole or in part, of dealing
with a public employer | ||||||
16 | concerning wages, hours, and other terms and conditions
of | ||||||
17 | employment, including the settlement of grievances.
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18 | (j) "Managerial employee" means an individual who is | ||||||
19 | engaged
predominantly in executive and management functions | ||||||
20 | and is charged with the
responsibility of directing the | ||||||
21 | effectuation of management policies
and practices.
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22 | (k) "Peace officer" means, for the purposes of this Act | ||||||
23 | only, any persons who have been or are hereafter appointed to a | ||||||
24 | coroner's office and any
persons who have been or are hereafter | ||||||
25 | appointed to a police force,
department, or agency and sworn or | ||||||
26 | commissioned to perform police duties,
except that the |
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1 | following persons are not
included: part-time police
officers, | ||||||
2 | special police officers, auxiliary police as defined by Section
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3 | 3.1-30-20 of the Illinois Municipal Code, night watchmen, | ||||||
4 | "merchant police",
court security officers as defined by | ||||||
5 | Section 3-6012.1 of the Counties
Code,
temporary employees, | ||||||
6 | traffic guards or wardens, civilian parking meter and
parking | ||||||
7 | facilities personnel or other individuals specially appointed | ||||||
8 | to
aid or direct traffic at or near schools or public functions | ||||||
9 | or to aid in
civil defense or disaster, parking enforcement | ||||||
10 | employees who are not
commissioned as peace officers and who | ||||||
11 | are not armed and who are not
routinely expected to effect | ||||||
12 | arrests, parking lot attendants, clerks and
dispatchers or | ||||||
13 | other civilian employees of a police department who are not
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14 | routinely expected to effect arrests, or elected officials.
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15 | (l) "Person" includes one or more individuals, labor | ||||||
16 | organizations, public
employees, associations, corporations, | ||||||
17 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
18 | receivers, or the State of Illinois or any political
| ||||||
19 | subdivision of the State or governing body, but does not | ||||||
20 | include the General
Assembly of the State of Illinois or any | ||||||
21 | individual employed by the General
Assembly of the State of | ||||||
22 | Illinois.
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23 | (m) "Professional employee" means any employee engaged in | ||||||
24 | work predominantly
intellectual and varied in character rather | ||||||
25 | than routine mental, manual,
mechanical or physical work; | ||||||
26 | involving the consistent exercise of discretion
and adjustment |
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1 | in its performance; of such a character that the output | ||||||
2 | produced
or the result accomplished cannot be standardized in | ||||||
3 | relation to a given
period of time; and requiring advanced | ||||||
4 | knowledge in a field of science or
learning customarily | ||||||
5 | acquired by a prolonged course of specialized intellectual
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6 | instruction and study in an institution of higher learning or a | ||||||
7 | hospital,
as distinguished from a general academic education or | ||||||
8 | from apprenticeship
or from training in the performance of | ||||||
9 | routine mental, manual, or physical
processes; or any employee | ||||||
10 | who has completed the courses of specialized
intellectual | ||||||
11 | instruction and study prescribed in this subsection (m) and is
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12 | performing related
work under the supervision of a professional | ||||||
13 | person to qualify to become
a professional employee as defined | ||||||
14 | in this subsection (m).
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15 | (n) "Public employee" or "employee", for the purposes of | ||||||
16 | this Act, means
any individual employed by a public employer, | ||||||
17 | including (i) interns and residents
at public hospitals, (ii) | ||||||
18 | as of the effective date of this amendatory Act of the 93rd | ||||||
19 | General
Assembly, but not
before, personal care attendants and | ||||||
20 | personal assistants working under the Home
Services
Program | ||||||
21 | under Section 3 of the Disabled Persons Rehabilitation Act, | ||||||
22 | subject to
the
limitations set forth in this Act and in the | ||||||
23 | Disabled Persons Rehabilitation
Act,
(iii) as of the effective | ||||||
24 | date of this amendatory Act of the 94th General Assembly, but | ||||||
25 | not before, child and day care home providers participating in | ||||||
26 | the child care assistance program under Section 9A-11 of the |
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| |||||||
1 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
2 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
3 | Code, and (iv) as of the effective date of this amendatory Act | ||||||
4 | of the 97th General Assembly, but not before except as | ||||||
5 | otherwise provided in this subsection (n), home care and home | ||||||
6 | health workers who function as personal care attendants, | ||||||
7 | personal assistants, and individual maintenance home health | ||||||
8 | workers and who also work under the Home Services Program under | ||||||
9 | Section 3 of the Disabled Persons Rehabilitation Act, no matter | ||||||
10 | whether the State provides those services through direct | ||||||
11 | fee-for-service arrangements, with the assistance of a managed | ||||||
12 | care organization or other intermediary, or otherwise, but | ||||||
13 | excluding all of the following: employees of the
General | ||||||
14 | Assembly of the State of Illinois; elected officials; executive
| ||||||
15 | heads of a department; members of boards or commissions; the | ||||||
16 | Executive
Inspectors General; any special Executive Inspectors | ||||||
17 | General; employees of each
Office of an Executive Inspector | ||||||
18 | General;
commissioners and employees of the Executive Ethics | ||||||
19 | Commission; the Auditor
General's Inspector General; employees | ||||||
20 | of the Office of the Auditor General's
Inspector General; the | ||||||
21 | Legislative Inspector General; any special Legislative
| ||||||
22 | Inspectors General; employees of the Office
of the Legislative | ||||||
23 | Inspector General;
commissioners and employees of the | ||||||
24 | Legislative Ethics Commission;
employees
of any
agency, board | ||||||
25 | or commission created by this Act; employees appointed to
State | ||||||
26 | positions of a temporary or emergency nature; all employees of |
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1 | school
districts and higher education institutions except | ||||||
2 | firefighters and peace
officers employed
by a state university | ||||||
3 | and except peace officers employed by a school district in its | ||||||
4 | own police department in existence on the effective date of | ||||||
5 | this amendatory Act of the 96th General Assembly; managerial | ||||||
6 | employees; short-term employees;
confidential employees; | ||||||
7 | independent contractors; and supervisors except as
provided in | ||||||
8 | this Act.
| ||||||
9 | Home care
and home health workers who function as personal | ||||||
10 | care attendants, personal assistants, and individual | ||||||
11 | maintenance home health workers and who also work under the | ||||||
12 | Home Services Program under Section 3 of the Disabled Persons | ||||||
13 | Rehabilitation Act shall not be considered
public
employees for | ||||||
14 | any purposes not specifically provided for in Public Act 93-204 | ||||||
15 | or this amendatory Act of the 97th General Assembly, including | ||||||
16 | but not limited to, purposes of vicarious
liability in tort
and | ||||||
17 | purposes of statutory retirement or health insurance benefits. | ||||||
18 | Home care and home health workers who function as personal
care
| ||||||
19 | attendants, personal assistants, and individual maintenance | ||||||
20 | home health workers and who also work under the Home Services | ||||||
21 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
22 | Act shall not be covered by the State Employees
Group
Insurance | ||||||
23 | Act of 1971 (5 ILCS 375/).
| ||||||
24 | Child and day care home providers shall not be considered | ||||||
25 | public employees for any purposes not specifically provided for | ||||||
26 | in this amendatory Act of the 94th General Assembly, including |
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| |||||||
1 | but not limited to, purposes of vicarious liability in tort and | ||||||
2 | purposes of statutory retirement or health insurance benefits. | ||||||
3 | Child and day care home providers shall not be covered by the | ||||||
4 | State Employees Group Insurance Act of 1971. | ||||||
5 | Notwithstanding Section 9, subsection (c), or any other | ||||||
6 | provisions of
this Act, all peace officers above the rank of | ||||||
7 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
8 | shall be excluded
from this Act.
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9 | (o) Except as otherwise in subsection (o-5), "public | ||||||
10 | employer" or "employer" means the State of Illinois; any
| ||||||
11 | political subdivision of the State, unit of local government or | ||||||
12 | school
district; authorities including departments, divisions, | ||||||
13 | bureaus, boards,
commissions, or other agencies of the | ||||||
14 | foregoing entities; and any person
acting within the scope of | ||||||
15 | his or her authority, express or implied, on
behalf of those | ||||||
16 | entities in dealing with its employees.
As of the effective | ||||||
17 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
18 | not
before, the State of Illinois shall be considered the | ||||||
19 | employer of the personal
care
attendants and personal | ||||||
20 | assistants working under the Home Services Program
under
| ||||||
21 | Section 3 of the Disabled Persons Rehabilitation Act, subject | ||||||
22 | to the
limitations set forth
in this Act and in the Disabled | ||||||
23 | Persons Rehabilitation Act. As of the effective date of this | ||||||
24 | amendatory Act of the 97th General Assembly, but not before | ||||||
25 | except as otherwise provided in this subsection (o), the State | ||||||
26 | shall be considered the employer of home care and home health |
| |||||||
| |||||||
1 | workers who function as personal care attendants, personal | ||||||
2 | assistants, and individual maintenance home health workers and | ||||||
3 | who also work under the Home Services Program under Section 3 | ||||||
4 | of the Disabled Persons Rehabilitation Act, no matter whether | ||||||
5 | the State provides those services through direct | ||||||
6 | fee-for-service arrangements, with the assistance of a managed | ||||||
7 | care organization or other intermediary, or otherwise, but | ||||||
8 | subject to the limitations set forth in this Act and the | ||||||
9 | Disabled Persons Rehabilitation Act. The State shall not
be
| ||||||
10 | considered to be the employer of home care and home health | ||||||
11 | workers who function as personal care attendants, personal
| ||||||
12 | assistants, and individual maintenance home health workers and | ||||||
13 | who also work under the Home Services Program under Section 3 | ||||||
14 | of the Disabled Persons Rehabilitation Act, for any
purposes | ||||||
15 | not specifically provided for in Public Act 93-204 or this | ||||||
16 | amendatory Act of the 97th General Assembly, including but not | ||||||
17 | limited to, purposes of vicarious liability in tort
and
| ||||||
18 | purposes of statutory retirement or health insurance benefits. | ||||||
19 | Home care and home health workers who function as personal care
| ||||||
20 | attendants,
personal assistants, and individual maintenance | ||||||
21 | home health workers and who also work under the Home Services | ||||||
22 | Program under Section 3 of the Disabled Persons Rehabilitation | ||||||
23 | Act shall not be covered by the State Employees Group
Insurance | ||||||
24 | Act of 1971
(5 ILCS 375/).
As of the effective date of this | ||||||
25 | amendatory Act of the 94th General Assembly but not before, the | ||||||
26 | State of Illinois shall be considered the employer of the day |
| |||||||
| |||||||
1 | and child care home providers participating in the child care | ||||||
2 | assistance program under Section 9A-11 of the Illinois Public | ||||||
3 | Aid Code, subject to the limitations set forth in this Act and | ||||||
4 | in Section 9A-11 of the Illinois Public Aid Code. The State | ||||||
5 | shall not be considered to be the employer of child and day | ||||||
6 | care home providers for any purposes not specifically provided | ||||||
7 | for in this amendatory Act of the 94th General Assembly, | ||||||
8 | including but not limited to, purposes of vicarious liability | ||||||
9 | in tort and purposes of statutory retirement or health | ||||||
10 | insurance benefits. Child and day care home providers shall not | ||||||
11 | be covered by the State Employees Group Insurance Act of 1971. | ||||||
12 | "Public employer" or
"employer" as used in this Act, | ||||||
13 | however, does not
mean and shall not include the General | ||||||
14 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
15 | Commission, the Offices of the Executive Inspectors
General, | ||||||
16 | the Legislative Ethics Commission, the Office of the | ||||||
17 | Legislative
Inspector General, the Office of the Auditor | ||||||
18 | General's Inspector General,
and educational employers or | ||||||
19 | employers as defined in the Illinois
Educational Labor | ||||||
20 | Relations Act, except with respect to a state university in
its | ||||||
21 | employment of firefighters and peace officers and except with | ||||||
22 | respect to a school district in the employment of peace | ||||||
23 | officers in its own police department in existence on the | ||||||
24 | effective date of this amendatory Act of the 96th General | ||||||
25 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
26 | as joint or co-employers of county peace officers appointed
|
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| |||||||
1 | under the authority of a county sheriff. Nothing in this | ||||||
2 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
3 | the Local Panel
from determining that employers are joint or | ||||||
4 | co-employers.
| ||||||
5 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
6 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
7 | other conditions of
employment, the public employer of public | ||||||
8 | employees who are court reporters, as
defined in the Court | ||||||
9 | Reporters Act, shall be determined as
follows:
| ||||||
10 | (1) For court reporters employed by the Cook County | ||||||
11 | Judicial
Circuit, the chief judge of the Cook County | ||||||
12 | Circuit
Court is the public employer and employer | ||||||
13 | representative.
| ||||||
14 | (2) For court reporters employed by the 12th, 18th, | ||||||
15 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
16 | circuits, a group consisting of the chief judges of those | ||||||
17 | circuits, acting
jointly by majority vote, is the public | ||||||
18 | employer and employer representative.
| ||||||
19 | (3) For court reporters employed by all other judicial | ||||||
20 | circuits,
a group consisting of the chief judges of those | ||||||
21 | circuits, acting jointly by
majority vote, is the public | ||||||
22 | employer and employer representative.
| ||||||
23 | (p) "Security employee" means an employee who is | ||||||
24 | responsible for the
supervision and control of inmates at | ||||||
25 | correctional facilities. The term
also includes other | ||||||
26 | non-security employees in bargaining units having the
majority |
| |||||||
| |||||||
1 | of employees being responsible for the supervision and control | ||||||
2 | of
inmates at correctional facilities.
| ||||||
3 | (q) "Short-term employee" means an employee who is employed | ||||||
4 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
5 | year and who does
not have a reasonable assurance that he or | ||||||
6 | she will be rehired by the
same employer for the same service | ||||||
7 | in a subsequent calendar year.
| ||||||
8 | (r) "Supervisor" is an employee whose principal work is | ||||||
9 | substantially
different from that of his or her subordinates | ||||||
10 | and who has authority, in the
interest of the employer, to | ||||||
11 | hire, transfer, suspend, lay off, recall,
promote, discharge, | ||||||
12 | direct, reward, or discipline employees, to adjust
their | ||||||
13 | grievances, or to effectively recommend any of those actions, | ||||||
14 | if the
exercise
of that authority is not of a merely routine or | ||||||
15 | clerical nature, but
requires the consistent use of independent | ||||||
16 | judgment. Except with respect to
police employment, the term | ||||||
17 | "supervisor" includes only those individuals
who devote a | ||||||
18 | preponderance of their employment time to exercising that
| ||||||
19 | authority, State supervisors notwithstanding. In addition, in | ||||||
20 | determining
supervisory status in police employment, rank | ||||||
21 | shall not be determinative.
The Board shall consider, as | ||||||
22 | evidence of bargaining unit inclusion or
exclusion, the common | ||||||
23 | law enforcement policies and relationships between
police | ||||||
24 | officer ranks and certification under applicable civil service | ||||||
25 | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | ||||||
26 | of the Illinois
Municipal Code, but these factors shall not
be |
| |||||||
| |||||||
1 | the sole or predominant factors considered by the Board in | ||||||
2 | determining
police supervisory status.
| ||||||
3 | Notwithstanding the provisions of the preceding paragraph, | ||||||
4 | in determining
supervisory status in fire fighter employment, | ||||||
5 | no fire fighter shall be
excluded as a supervisor who has | ||||||
6 | established representation rights under
Section 9 of this Act. | ||||||
7 | Further, in new fire fighter units, employees shall
consist of | ||||||
8 | fire fighters of the rank of company officer and below. If a | ||||||
9 | company officer otherwise qualifies as a supervisor under the | ||||||
10 | preceding paragraph, however, he or she shall
not be included | ||||||
11 | in the fire fighter
unit. If there is no rank between that of | ||||||
12 | chief and the
highest company officer, the employer may | ||||||
13 | designate a position on each
shift as a Shift Commander, and | ||||||
14 | the persons occupying those positions shall
be supervisors. All | ||||||
15 | other ranks above that of company officer shall be
supervisors.
| ||||||
16 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
17 | held by
employees whose collective interests may suitably be | ||||||
18 | represented by a labor
organization for collective bargaining. | ||||||
19 | Except 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 Department | ||||||
22 | of
State Police, a bargaining unit determined by the Board | ||||||
23 | shall not include both
employees and supervisors, or | ||||||
24 | supervisors only, except as provided in paragraph
(2) of this | ||||||
25 | subsection (s) and except for bargaining units in existence on | ||||||
26 | July
1, 1984 (the effective date of this Act). With respect to |
| |||||||
| |||||||
1 | non-State fire
fighters and paramedics employed by fire | ||||||
2 | departments and fire protection
districts, non-State peace | ||||||
3 | officers, and peace officers in the Department of
State Police, | ||||||
4 | a bargaining unit determined by the Board shall not include | ||||||
5 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
6 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
7 | except for bargaining units in
existence on January 1, 1986 | ||||||
8 | (the effective date of this amendatory Act of
1985). A | ||||||
9 | bargaining unit determined by the Board to contain peace | ||||||
10 | officers
shall contain no employees other than peace officers | ||||||
11 | unless otherwise agreed to
by the employer and the labor | ||||||
12 | organization or labor organizations involved.
Notwithstanding | ||||||
13 | any other provision of this Act, a bargaining unit, including a
| ||||||
14 | historical bargaining unit, containing sworn peace officers of | ||||||
15 | the Department
of Natural Resources (formerly designated the | ||||||
16 | Department of Conservation) shall
contain no employees other | ||||||
17 | than such sworn peace officers upon the effective
date of this | ||||||
18 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
19 | collective bargaining agreement in effect upon the effective | ||||||
20 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
21 | peace 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 bargain | ||||||
26 | with those units. This Act shall apply if the public employer
|
| |||||||
| |||||||
1 | chooses to bargain under this subsection.
| ||||||
2 | (3) Public employees who are court reporters, as defined
in | ||||||
3 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
4 | collective bargaining purposes. One unit
shall be court | ||||||
5 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
6 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
7 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
8 | and one unit shall be court reporters employed by all other
| ||||||
9 | judicial circuits.
| ||||||
10 | (Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11; | ||||||
11 | 97-1158, eff. 1-29-13.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|