Bill Text: IL HB0673 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that public employees shall have the right to bargain independently in their relations with the public employer. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that violates the provisions concerning independent bargaining or requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Provides that public employees who are not members of a labor organization may represent themselves in grievance resolution procedures. Provides that public employees who have chosen to bargain independently may be party to mediation and fact-finding proceedings. Modifies the terms "collective bargaining", "exclusive representative", and "labor organization". Removes the term "fair share agreement". Defines "independent bargaining" or "to bargain independently". Makes conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0673 Detail]
Download: Illinois-2017-HB0673-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Labor Relations Act is | |||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 3, 4, 6, 7, 8, 9, 10, 12, and 13 as | |||||||||||||||||||||||||||||||||||
6 | follows:
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7 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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8 | Sec. 3. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||||||||||
9 | context
otherwise requires:
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10 | (a) "Board" means the Illinois
Labor Relations Board or, | |||||||||||||||||||||||||||||||||||
11 | with respect to a matter over which the
jurisdiction of the | |||||||||||||||||||||||||||||||||||
12 | Board is assigned to the State Panel or the Local Panel
under | |||||||||||||||||||||||||||||||||||
13 | Section 5, the panel having jurisdiction over the matter.
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14 | (b) "Collective bargaining" means bargaining over terms | |||||||||||||||||||||||||||||||||||
15 | and conditions
of employment for members of a labor | |||||||||||||||||||||||||||||||||||
16 | organization, employee organization, bargaining agent, or | |||||||||||||||||||||||||||||||||||
17 | exclusive bargaining representative , including hours, wages, | |||||||||||||||||||||||||||||||||||
18 | and other conditions of employment,
as detailed in Section 7 | |||||||||||||||||||||||||||||||||||
19 | and which are not excluded by Section 4.
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20 | (c) "Confidential employee" means an employee who, in the | |||||||||||||||||||||||||||||||||||
21 | regular course
of his or her duties, assists and acts in a | |||||||||||||||||||||||||||||||||||
22 | confidential capacity to persons
who formulate, determine, and | |||||||||||||||||||||||||||||||||||
23 | effectuate management policies with regard
to labor relations |
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1 | or who, in the regular course of his or her duties, has
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2 | authorized access to information relating to the effectuation
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3 | or review of the employer's collective bargaining policies.
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4 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
5 | persons, and their
apprentices and helpers.
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6 | (e) "Essential services employees" means those public | ||||||
7 | employees
performing functions so essential that the | ||||||
8 | interruption or termination of
the function will constitute a | ||||||
9 | clear and present danger to the health and
safety of the | ||||||
10 | persons in the affected community.
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11 | (f) "Exclusive representative", except with respect to | ||||||
12 | non-State fire
fighters and paramedics employed by fire | ||||||
13 | departments and fire protection
districts, non-State peace | ||||||
14 | officers, and peace officers in the
Department of State Police, | ||||||
15 | means the labor organization , which is the sole representative | ||||||
16 | for all public employees in a collective bargaining unit who | ||||||
17 | are members of the organization and do not independently | ||||||
18 | bargain, that has
been (i) designated by the Board as the | ||||||
19 | representative of a majority of public
employees in an | ||||||
20 | appropriate bargaining unit in accordance with the procedures
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21 | contained in this Act, (ii) historically
recognized by the | ||||||
22 | State of Illinois or
any political subdivision of the State | ||||||
23 | before July 1, 1984
(the effective date of this
Act) as the | ||||||
24 | exclusive representative of the employees in an appropriate
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25 | bargaining unit, (iii) after July 1, 1984 (the
effective date | ||||||
26 | of this Act) recognized by an
employer upon evidence, |
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1 | acceptable to the Board, that the labor
organization has been | ||||||
2 | designated as the exclusive representative by a
majority of the | ||||||
3 | employees in an appropriate bargaining unit;
(iv) recognized as | ||||||
4 | the exclusive representative of personal
assistants under | ||||||
5 | Executive Order 2003-8 prior to the effective date of this
| ||||||
6 | amendatory
Act of the 93rd General Assembly, and the | ||||||
7 | organization shall be considered to
be the
exclusive | ||||||
8 | representative of the personal assistants
as defined
in this | ||||||
9 | Section; or (v) recognized as the exclusive representative of | ||||||
10 | child and day care home providers, including licensed and | ||||||
11 | license exempt providers, pursuant to an election held under | ||||||
12 | Executive Order 2005-1 prior to the effective date of this | ||||||
13 | amendatory Act of the 94th General Assembly, and the | ||||||
14 | organization shall be considered to be the exclusive | ||||||
15 | representative of the child and day care home providers as | ||||||
16 | defined in this Section.
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17 | With respect to non-State fire fighters and paramedics | ||||||
18 | employed by fire
departments and fire protection districts, | ||||||
19 | non-State peace officers, and
peace officers in the Department | ||||||
20 | of State Police,
"exclusive representative" means the labor | ||||||
21 | organization , which is the sole representative for all public | ||||||
22 | employees in a collective bargaining unit who are members of | ||||||
23 | the organization and do not independently bargain, that has
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24 | been (i) designated by the Board as the representative of a | ||||||
25 | majority of peace
officers or fire fighters in an appropriate | ||||||
26 | bargaining unit in accordance
with the procedures contained in |
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1 | this Act, (ii)
historically recognized
by the State of Illinois | ||||||
2 | or any political subdivision of the State before
January 1, | ||||||
3 | 1986 (the effective date of this amendatory Act of 1985) as the | ||||||
4 | exclusive
representative by a majority of the peace officers or | ||||||
5 | fire fighters in an
appropriate bargaining unit, or (iii) after | ||||||
6 | January 1,
1986 (the effective date of this amendatory
Act of | ||||||
7 | 1985) recognized by an employer upon evidence, acceptable to | ||||||
8 | the
Board, that the labor organization has been designated as | ||||||
9 | the exclusive
representative by a majority of the peace | ||||||
10 | officers or fire 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 of members of the labor | ||||||
20 | organization under this Act, and shall find the unit | ||||||
21 | represented by the exclusive representative to be the | ||||||
22 | appropriate unit. | ||||||
23 | (g) (Blank). "Fair share agreement" means an agreement | ||||||
24 | between the employer and
an employee organization under which | ||||||
25 | all or any of the employees in a
collective bargaining unit are | ||||||
26 | required to pay their proportionate share of
the costs of the |
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1 | collective bargaining process, contract administration, and
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2 | pursuing matters affecting wages, hours, and other conditions | ||||||
3 | of employment,
but not to exceed the amount of dues uniformly | ||||||
4 | required of members. The
amount certified by the exclusive | ||||||
5 | representative shall not include any fees
for contributions | ||||||
6 | related to the election or support of any candidate for
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7 | political office. Nothing in this subsection (g) shall
preclude | ||||||
8 | an employee from making
voluntary political contributions in | ||||||
9 | conjunction with his or her fair share
payment.
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10 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
11 | only, any
person who has been or is hereafter appointed to a | ||||||
12 | fire department or fire
protection district or employed by a | ||||||
13 | state university and sworn or
commissioned to perform fire | ||||||
14 | fighter duties or paramedic duties, except that the
following | ||||||
15 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
16 | reserve or voluntary fire fighters, including paid on-call fire
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17 | fighters, clerks and dispatchers or other civilian employees of | ||||||
18 | a fire
department or fire protection district who are not | ||||||
19 | routinely expected to
perform fire fighter duties, or elected | ||||||
20 | officials.
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21 | (g-2) "General Assembly of the State of Illinois" means the
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22 | legislative branch of the government of the State of Illinois, | ||||||
23 | as provided
for under Article IV of the Constitution of the | ||||||
24 | State of Illinois, and
includes but is not limited to the House | ||||||
25 | of Representatives, the Senate,
the Speaker of the House of | ||||||
26 | Representatives, the Minority Leader of the
House of |
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| |||||||
1 | Representatives, the President of the Senate, the Minority | ||||||
2 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
3 | Support Services and any
legislative support services agency | ||||||
4 | listed in the Legislative Commission
Reorganization Act of | ||||||
5 | 1984.
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6 | (h) "Governing body" means, in the case of the State, the | ||||||
7 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
8 | of the Department of Central
Management Services, and the | ||||||
9 | Director of the Department of Labor; the county
board in the | ||||||
10 | case of a county; the corporate authorities in the case of a
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11 | municipality; and the appropriate body authorized to provide | ||||||
12 | for expenditures
of its funds in the case of any other unit of | ||||||
13 | government.
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14 | (h-5) "Independent bargaining" or "to bargain | ||||||
15 | independently" means to bargain between a public employer and a | ||||||
16 | public employee with respect to rates of pay, wages, hours of | ||||||
17 | employment, adjustment of grievances or other terms and | ||||||
18 | conditions of employment without the intervention of a labor | ||||||
19 | organization, employee organization, bargaining agent, or | ||||||
20 | exclusive representative. | ||||||
21 | (1) Independent bargaining does not grant any greater | ||||||
22 | or lesser rights or privileges to public employees who have | ||||||
23 | chosen to represent themselves in a unit with an exclusive | ||||||
24 | bargaining representative than those public employees in a | ||||||
25 | unit without an exclusive representative. | ||||||
26 | (2) Independent bargaining does not grant any greater |
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1 | or lesser duties or obligations for a public employer to | ||||||
2 | public employees who have chosen to represent themselves in | ||||||
3 | a unit with an exclusive representative than those duties | ||||||
4 | or obligations the public employer owe to public employees | ||||||
5 | in a unit without an exclusive representative. | ||||||
6 | (i) "Labor organization" means any organization in which | ||||||
7 | public employees
participate and that exists for the purpose, | ||||||
8 | in whole or in part, of dealing
with a public employer | ||||||
9 | concerning wages, hours, and other terms and conditions
of | ||||||
10 | employment, including the settlement of grievances for members | ||||||
11 | of the organization .
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12 | (i-5) "Legislative liaison" means a person who is an | ||||||
13 | employee of a State agency, the Attorney General, the Secretary | ||||||
14 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
15 | be, and whose job duties require the person to regularly | ||||||
16 | communicate in the course of his or her employment with any | ||||||
17 | official or staff of the General Assembly of the State of | ||||||
18 | Illinois for the purpose of influencing any legislative action. | ||||||
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. With | ||||||
23 | respect only to State employees in positions under the | ||||||
24 | jurisdiction of the Attorney General, Secretary of State, | ||||||
25 | Comptroller, or Treasurer (i) that were certified in a | ||||||
26 | bargaining unit on or after December 2, 2008, (ii) for which a |
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1 | petition is filed with the Illinois Public Labor Relations | ||||||
2 | Board on or after April 5, 2013 (the effective date of Public | ||||||
3 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
4 | the Illinois Public Labor Relations Board on that date, | ||||||
5 | "managerial employee" means an individual who is engaged in | ||||||
6 | executive and management functions or who is charged with the | ||||||
7 | effectuation of management policies and practices or who | ||||||
8 | represents management interests by taking or recommending | ||||||
9 | discretionary actions that effectively control or implement | ||||||
10 | policy. Nothing in this definition prohibits an individual from | ||||||
11 | also meeting the definition of "supervisor" under subsection | ||||||
12 | (r) of this Section.
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13 | (k) "Peace officer" means, for the purposes of this Act | ||||||
14 | only, any
persons who have been or are hereafter appointed to a | ||||||
15 | police force,
department, or agency and sworn or commissioned | ||||||
16 | to perform police duties,
except that the following persons are | ||||||
17 | not
included: part-time police
officers, special police | ||||||
18 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
19 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
20 | police",
court security officers as defined by Section 3-6012.1 | ||||||
21 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
22 | wardens, civilian parking meter and
parking facilities | ||||||
23 | personnel or other individuals specially appointed to
aid or | ||||||
24 | direct traffic at or near schools or public functions or to aid | ||||||
25 | in
civil defense or disaster, parking enforcement employees who | ||||||
26 | are not
commissioned as peace officers and who are not armed |
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1 | and who are not
routinely expected to effect arrests, parking | ||||||
2 | lot attendants, clerks and
dispatchers or other civilian | ||||||
3 | employees of a police department who are not
routinely expected | ||||||
4 | to effect arrests, or elected officials.
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5 | (l) "Person" includes one or more individuals, labor | ||||||
6 | organizations, public
employees, associations, corporations, | ||||||
7 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
8 | receivers, or the State of Illinois or any political
| ||||||
9 | subdivision of the State or governing body, but does not | ||||||
10 | include the General
Assembly of the State of Illinois or any | ||||||
11 | individual employed by the General
Assembly of the State of | ||||||
12 | Illinois.
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13 | (m) "Professional employee" means any employee engaged in | ||||||
14 | work predominantly
intellectual and varied in character rather | ||||||
15 | than routine mental, manual,
mechanical or physical work; | ||||||
16 | involving the consistent exercise of discretion
and adjustment | ||||||
17 | in its performance; of such a character that the output | ||||||
18 | produced
or the result accomplished cannot be standardized in | ||||||
19 | relation to a given
period of time; and requiring advanced | ||||||
20 | knowledge in a field of science or
learning customarily | ||||||
21 | acquired by a prolonged course of specialized intellectual
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22 | instruction and study in an institution of higher learning or a | ||||||
23 | hospital,
as distinguished from a general academic education or | ||||||
24 | from apprenticeship
or from training in the performance of | ||||||
25 | routine mental, manual, or physical
processes; or any employee | ||||||
26 | who has completed the courses of specialized
intellectual |
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1 | instruction and study prescribed in this subsection (m) and is
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2 | performing related
work under the supervision of a professional | ||||||
3 | person to qualify to become
a professional employee as defined | ||||||
4 | in this subsection (m).
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5 | (n) "Public employee" or "employee", for the purposes of | ||||||
6 | this Act, means
any individual employed by a public employer, | ||||||
7 | including (i) interns and residents
at public hospitals, (ii) | ||||||
8 | as of the effective date of this amendatory Act of the 93rd | ||||||
9 | General
Assembly, but not
before, personal assistants working | ||||||
10 | under the Home
Services
Program under Section 3 of the | ||||||
11 | Rehabilitation of Persons with Disabilities Act, subject to
the
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12 | limitations set forth in this Act and in the Rehabilitation of | ||||||
13 | Persons with Disabilities
Act,
(iii) as of the effective date | ||||||
14 | of this amendatory Act of the 94th General Assembly, but not | ||||||
15 | before, child and day care home providers participating in the | ||||||
16 | child care assistance program under Section 9A-11 of the | ||||||
17 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
18 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
19 | Code, (iv) as of January 29, 2013 (the effective date of Public | ||||||
20 | Act 97-1158), but not before except as otherwise provided in | ||||||
21 | this subsection (n), home care and home health workers who | ||||||
22 | function as personal assistants and individual maintenance | ||||||
23 | home health workers and who also work under the Home Services | ||||||
24 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
25 | Disabilities Act, no matter whether the State provides those | ||||||
26 | services through direct fee-for-service arrangements, with the |
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1 | assistance of a managed care organization or other | ||||||
2 | intermediary, or otherwise, (v) beginning on the effective date | ||||||
3 | of this amendatory Act of the 98th General Assembly and | ||||||
4 | notwithstanding any other provision of this Act, any person | ||||||
5 | employed by a public employer and who is classified as or who | ||||||
6 | holds the employment title of Chief Stationary Engineer, | ||||||
7 | Assistant Chief Stationary Engineer, Sewage Plant Operator, | ||||||
8 | Water Plant Operator, Stationary Engineer, Plant Operating | ||||||
9 | Engineer, and any other employee who holds the position of: | ||||||
10 | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | ||||||
11 | Technical Manager I, Technical Manager II, Technical Manager | ||||||
12 | III, Technical Manager IV, Technical Manager V, Technical | ||||||
13 | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | ||||||
14 | Specialist V, Technical Advisor I, Technical Advisor II, | ||||||
15 | Technical Advisor III, Technical Advisor IV, or Technical | ||||||
16 | Advisor V employed by the Department of Transportation who is | ||||||
17 | in a position which is certified in a bargaining unit on or | ||||||
18 | before the effective date of this amendatory Act of the 98th | ||||||
19 | General Assembly, and (vi) beginning on the effective date of | ||||||
20 | this amendatory Act of the 98th General Assembly and | ||||||
21 | notwithstanding any other provision of this Act, any mental | ||||||
22 | health administrator in the Department of Corrections who is | ||||||
23 | classified as or who holds the position of Public Service | ||||||
24 | Administrator (Option 8K), any employee of the Office of the | ||||||
25 | Inspector General in the Department of Human Services who is | ||||||
26 | classified as or who holds the position of Public Service |
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1 | Administrator (Option 7), any Deputy of Intelligence in the | ||||||
2 | Department of Corrections who is classified as or who holds the | ||||||
3 | position of Public Service Administrator (Option 7), and any | ||||||
4 | employee of the Department of State Police who handles issues | ||||||
5 | concerning the Illinois State Police Sex Offender Registry and | ||||||
6 | who is classified as or holds the position of Public Service | ||||||
7 | Administrator (Option 7), but excluding all of the following: | ||||||
8 | employees of the
General Assembly of the State of Illinois; | ||||||
9 | elected officials; executive
heads of a department; members of | ||||||
10 | boards or commissions; the Executive
Inspectors General; any | ||||||
11 | special Executive Inspectors General; employees of each
Office | ||||||
12 | of an Executive Inspector General;
commissioners and employees | ||||||
13 | of the Executive Ethics Commission; the Auditor
General's | ||||||
14 | Inspector General; employees of the Office of the Auditor | ||||||
15 | General's
Inspector General; the Legislative Inspector | ||||||
16 | General; any special Legislative
Inspectors General; employees | ||||||
17 | of the Office
of the Legislative Inspector General;
| ||||||
18 | commissioners and employees of the Legislative Ethics | ||||||
19 | Commission;
employees
of any
agency, board or commission | ||||||
20 | created by this Act; employees appointed to
State positions of | ||||||
21 | a temporary or emergency nature; all employees of school
| ||||||
22 | districts and higher education institutions except | ||||||
23 | firefighters and peace
officers employed
by a state university | ||||||
24 | and except peace officers employed by a school district in its | ||||||
25 | own police department in existence on the effective date of | ||||||
26 | this amendatory Act of the 96th General Assembly; managerial |
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1 | employees; short-term employees; legislative liaisons; a | ||||||
2 | person who is a State employee under the jurisdiction of the | ||||||
3 | Office of the Attorney General who is licensed to practice law | ||||||
4 | or whose position authorizes, either directly or indirectly, | ||||||
5 | meaningful input into government decision-making on issues | ||||||
6 | where there is room for principled disagreement on goals or | ||||||
7 | their implementation; a person who is a State employee under | ||||||
8 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
9 | position of Public Service Administrator or whose position is | ||||||
10 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
11 | person who is a State employee under the jurisdiction of the | ||||||
12 | Secretary of State who holds the position classification of | ||||||
13 | Executive I or higher, whose position authorizes, either | ||||||
14 | directly or indirectly, meaningful input into government | ||||||
15 | decision-making on issues where there is room for principled | ||||||
16 | disagreement on goals or their implementation, or who is | ||||||
17 | otherwise exempt under the Secretary of State Merit Employment | ||||||
18 | Code; employees in the Office of the Secretary of State who are | ||||||
19 | completely exempt from jurisdiction B of the Secretary of State | ||||||
20 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
21 | or after April 5, 2013 (the effective date of Public Act | ||||||
22 | 97-1172); a person who is a State employee under the | ||||||
23 | jurisdiction of the Treasurer who holds a position that is | ||||||
24 | exempt from the State Treasurer Employment Code; any employee | ||||||
25 | of a State agency who (i) holds the title or position of, or | ||||||
26 | exercises substantially similar duties as a legislative |
| |||||||
| |||||||
1 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
2 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
3 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
4 | Information Officer, or Chief Information Officer and (ii) was | ||||||
5 | neither included in a bargaining unit nor subject to an active | ||||||
6 | petition for certification in a bargaining unit; any employee | ||||||
7 | of a State agency who (i) is in a position that is | ||||||
8 | Rutan-exempt, as designated by the employer, and completely | ||||||
9 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
10 | neither included in a bargaining unit nor subject to an active | ||||||
11 | petition for certification in a bargaining unit; any term | ||||||
12 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
13 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
14 | bargaining unit nor subject to an active petition for | ||||||
15 | certification in a bargaining unit; any employment position | ||||||
16 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
17 | confidential employees; independent contractors; and | ||||||
18 | supervisors except as
provided in this Act.
| ||||||
19 | Home care
and home health workers who function as personal | ||||||
20 | assistants and individual maintenance home health workers and | ||||||
21 | who also work under the Home Services Program under Section 3 | ||||||
22 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
23 | not be considered
public
employees for any purposes not | ||||||
24 | specifically provided for in Public Act 93-204 or Public Act | ||||||
25 | 97-1158, including but not limited to, purposes of vicarious
| ||||||
26 | liability in tort
and purposes of statutory retirement or |
| |||||||
| |||||||
1 | health insurance benefits. Home care and home health workers | ||||||
2 | who function as personal assistants and individual maintenance | ||||||
3 | home health workers and who also work under the Home Services | ||||||
4 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
5 | Disabilities Act shall not be covered by the State Employees
| ||||||
6 | Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
7 | Child and day care home providers shall not be considered | ||||||
8 | public employees for any purposes not specifically provided for | ||||||
9 | in this amendatory Act of the 94th General Assembly, including | ||||||
10 | but not limited to, purposes of vicarious liability in tort and | ||||||
11 | purposes of statutory retirement or health insurance benefits. | ||||||
12 | Child and day care home providers shall not be covered by the | ||||||
13 | State Employees Group Insurance Act of 1971. | ||||||
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 inhabitants | ||||||
17 | shall be excluded
from this Act.
| ||||||
18 | (o) Except as otherwise in subsection (o-5), "public | ||||||
19 | employer" or "employer" means the State of Illinois; any
| ||||||
20 | political subdivision of the State, unit of local government or | ||||||
21 | school
district; authorities including departments, divisions, | ||||||
22 | bureaus, boards,
commissions, or other agencies of the | ||||||
23 | foregoing entities; and any person
acting within the scope of | ||||||
24 | his or her authority, express or implied, on
behalf of those | ||||||
25 | entities in dealing with its employees.
As of the effective | ||||||
26 | date of the amendatory Act of the 93rd General Assembly,
but |
| |||||||
| |||||||
1 | not
before, the State of Illinois shall be considered the | ||||||
2 | employer of the personal assistants working under the Home | ||||||
3 | Services Program
under
Section 3 of the Rehabilitation of | ||||||
4 | Persons with Disabilities Act, subject to the
limitations set | ||||||
5 | forth
in this Act and in the Rehabilitation of Persons with | ||||||
6 | Disabilities Act. As of January 29, 2013 (the effective date of | ||||||
7 | Public Act 97-1158), but not before except as otherwise | ||||||
8 | provided in this subsection (o), the State shall be considered | ||||||
9 | the employer of home care and home health workers who function | ||||||
10 | as personal assistants and individual maintenance home health | ||||||
11 | workers and who also work under the Home Services Program under | ||||||
12 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
13 | Act, no matter whether the State provides those services | ||||||
14 | through direct fee-for-service arrangements, with the | ||||||
15 | assistance of a managed care organization or other | ||||||
16 | intermediary, or otherwise, but subject to the limitations set | ||||||
17 | forth in this Act and the Rehabilitation of Persons with | ||||||
18 | Disabilities Act. The State shall not
be
considered to be the | ||||||
19 | employer of home care and home health workers who function as | ||||||
20 | personal
assistants and individual maintenance home health | ||||||
21 | workers and who also work under the Home Services Program under | ||||||
22 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
23 | Act, for any
purposes not specifically provided for in Public | ||||||
24 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
25 | purposes of vicarious liability in tort
and
purposes of | ||||||
26 | statutory retirement or health insurance benefits. Home care |
| |||||||
| |||||||
1 | and home health workers who function as
personal assistants and | ||||||
2 | individual maintenance home health workers and who also work | ||||||
3 | under the Home Services Program under Section 3 of the | ||||||
4 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
5 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
6 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
7 | the 94th General Assembly but not before, the State of Illinois | ||||||
8 | shall be considered the employer of the day and child care home | ||||||
9 | providers participating in the child care assistance program | ||||||
10 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
11 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
12 | the Illinois Public Aid Code. The State shall not be considered | ||||||
13 | to be the employer of child and day care home providers for any | ||||||
14 | purposes not specifically provided for in this amendatory Act | ||||||
15 | of the 94th General Assembly, including but not limited to, | ||||||
16 | purposes of vicarious liability in tort and purposes of | ||||||
17 | statutory retirement or health insurance benefits. Child and | ||||||
18 | day care home providers shall not be covered by the State | ||||||
19 | Employees Group Insurance Act of 1971. | ||||||
20 | "Public employer" or
"employer" as used in this Act, | ||||||
21 | however, does not
mean and shall not include the General | ||||||
22 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
23 | Commission, the Offices of the Executive Inspectors
General, | ||||||
24 | the Legislative Ethics Commission, the Office of the | ||||||
25 | Legislative
Inspector General, the Office of the Auditor | ||||||
26 | General's Inspector General, the Office of the Governor, the |
| |||||||
| |||||||
1 | Governor's Office of Management and Budget, the Illinois | ||||||
2 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
3 | State Board of Elections, and educational employers or | ||||||
4 | employers as defined in the Illinois
Educational Labor | ||||||
5 | Relations Act, except with respect to a state university in
its | ||||||
6 | employment of firefighters and peace officers and except with | ||||||
7 | respect to a school district in the employment of peace | ||||||
8 | officers in its own police department in existence on the | ||||||
9 | effective date of this amendatory Act of the 96th General | ||||||
10 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
11 | as joint or co-employers of county peace officers appointed
| ||||||
12 | under the authority of a county sheriff. Nothing in this | ||||||
13 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
14 | the Local Panel
from determining that employers are joint or | ||||||
15 | co-employers.
| ||||||
16 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
17 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
18 | other conditions of
employment, the public employer of public | ||||||
19 | employees who are court reporters, as
defined in the Court | ||||||
20 | Reporters Act, shall be determined as
follows:
| ||||||
21 | (1) For court reporters employed by the Cook County | ||||||
22 | Judicial
Circuit, the chief judge of the Cook County | ||||||
23 | Circuit
Court is the public employer and employer | ||||||
24 | representative.
| ||||||
25 | (2) For court reporters employed by the 12th, 18th, | ||||||
26 | 19th, and, on and after December 4, 2006, the 22nd judicial
|
| |||||||
| |||||||
1 | circuits, a group consisting of the chief judges of those | ||||||
2 | circuits, acting
jointly by majority vote, is the public | ||||||
3 | employer and employer representative.
| ||||||
4 | (3) For court reporters employed by all other judicial | ||||||
5 | circuits,
a group consisting of the chief judges of those | ||||||
6 | circuits, acting jointly by
majority vote, is the public | ||||||
7 | employer and employer representative.
| ||||||
8 | (p) "Security employee" means an employee who is | ||||||
9 | responsible for the
supervision and control of inmates at | ||||||
10 | correctional facilities. The term
also includes other | ||||||
11 | non-security employees in bargaining units having the
majority | ||||||
12 | of employees being responsible for the supervision and control | ||||||
13 | of
inmates at correctional facilities.
| ||||||
14 | (q) "Short-term employee" means an employee who is employed | ||||||
15 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
16 | year and who does
not have a reasonable assurance that he or | ||||||
17 | she will be rehired by the
same employer for the same service | ||||||
18 | in a subsequent calendar year.
| ||||||
19 | (q-5) "State agency" means an agency directly responsible | ||||||
20 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
21 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
22 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
23 | Civil Service Commission, the Pollution Control Board, the | ||||||
24 | Illinois Racing Board, and the Department of State Police Merit | ||||||
25 | Board. | ||||||
26 | (r) "Supervisor" is: |
| |||||||
| |||||||
1 | (1) An employee whose principal work is substantially
| ||||||
2 | different from that of his or her subordinates and who has | ||||||
3 | authority, in the
interest of the employer, to hire, | ||||||
4 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
5 | direct, reward, or discipline employees, to adjust
their | ||||||
6 | grievances, or to effectively recommend any of those | ||||||
7 | actions, if the
exercise
of that authority is not of a | ||||||
8 | merely routine or clerical nature, but
requires the | ||||||
9 | consistent use of independent judgment. Except with | ||||||
10 | respect to
police employment, the term "supervisor" | ||||||
11 | includes only those individuals
who devote a preponderance | ||||||
12 | of their employment time to exercising that
authority, | ||||||
13 | State supervisors notwithstanding. Nothing in this | ||||||
14 | definition prohibits an individual from also meeting the | ||||||
15 | definition of "managerial employee" under subsection (j) | ||||||
16 | of this Section. In addition, in determining
supervisory | ||||||
17 | status in police employment, rank shall not be | ||||||
18 | determinative.
The Board shall consider, as evidence of | ||||||
19 | bargaining unit inclusion or
exclusion, the common law | ||||||
20 | enforcement policies and relationships between
police | ||||||
21 | officer ranks and certification under applicable civil | ||||||
22 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
23 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
24 | factors shall not
be the sole or predominant factors | ||||||
25 | considered by the Board in determining
police supervisory | ||||||
26 | status.
|
| |||||||
| |||||||
1 | Notwithstanding the provisions of the preceding | ||||||
2 | paragraph, in determining
supervisory status in fire | ||||||
3 | fighter employment, no fire fighter shall be
excluded as a | ||||||
4 | supervisor who has established representation rights under
| ||||||
5 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
6 | employees shall
consist of fire fighters of the rank of | ||||||
7 | company officer and below. If a company officer otherwise | ||||||
8 | qualifies as a supervisor under the preceding paragraph, | ||||||
9 | however, he or she shall
not be included in the fire | ||||||
10 | fighter
unit. If there is no rank between that of chief and | ||||||
11 | the
highest company officer, the employer may designate a | ||||||
12 | position on each
shift as a Shift Commander, and the | ||||||
13 | persons occupying those positions shall
be supervisors. | ||||||
14 | All other ranks above that of company officer shall be
| ||||||
15 | supervisors.
| ||||||
16 | (2) With respect only to State employees in positions | ||||||
17 | under the jurisdiction of the Attorney General, Secretary | ||||||
18 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
19 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
20 | which a petition is filed with the Illinois Public Labor | ||||||
21 | Relations Board on or after April 5, 2013 (the effective | ||||||
22 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
23 | is pending before the Illinois Public Labor Relations Board | ||||||
24 | on that date, an employee who qualifies as a supervisor | ||||||
25 | under (A) Section 152 of the National Labor Relations Act | ||||||
26 | and (B) orders of the National Labor Relations Board |
| |||||||
| |||||||
1 | interpreting that provision or decisions of courts | ||||||
2 | reviewing decisions of the National Labor Relations Board. | ||||||
3 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
4 | held by
employees whose collective interests may suitably be | ||||||
5 | represented by a labor
organization for collective bargaining. | ||||||
6 | Except with respect to non-State fire
fighters and paramedics | ||||||
7 | employed by fire departments and fire protection
districts, | ||||||
8 | non-State peace officers, and peace officers in the Department | ||||||
9 | of
State Police, a bargaining unit determined by the Board | ||||||
10 | shall not include both
employees and supervisors, or | ||||||
11 | supervisors only, except as provided in paragraph
(2) of this | ||||||
12 | subsection (s) and except for bargaining units in existence on | ||||||
13 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
14 | non-State fire
fighters and paramedics employed by fire | ||||||
15 | departments and fire protection
districts, non-State peace | ||||||
16 | officers, and peace officers in the Department of
State Police, | ||||||
17 | a bargaining unit determined by the Board shall not include | ||||||
18 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
19 | except as provided in
paragraph (2) of this subsection (s) and | ||||||
20 | except for bargaining units in
existence on January 1, 1986 | ||||||
21 | (the effective date of this amendatory Act of
1985). A | ||||||
22 | bargaining unit determined by the Board to contain peace | ||||||
23 | officers
shall contain no employees other than peace officers | ||||||
24 | unless otherwise agreed to
by the employer and the labor | ||||||
25 | organization or labor organizations involved.
Notwithstanding | ||||||
26 | any other provision of this Act, a bargaining unit, including a
|
| |||||||
| |||||||
1 | historical bargaining unit, containing sworn peace officers of | ||||||
2 | the Department
of Natural Resources (formerly designated the | ||||||
3 | Department of Conservation) shall
contain no employees other | ||||||
4 | than such sworn peace officers upon the effective
date of this | ||||||
5 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
6 | collective bargaining agreement in effect upon the effective | ||||||
7 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
8 | peace officers and other
employees.
| ||||||
9 | (2) Notwithstanding the exclusion of supervisors from | ||||||
10 | bargaining units
as provided in paragraph (1) of this | ||||||
11 | subsection (s), a public
employer may agree to permit its | ||||||
12 | supervisory employees to form bargaining units
and may bargain | ||||||
13 | with those units. This Act shall apply if the public employer
| ||||||
14 | chooses to bargain under this subsection.
| ||||||
15 | (3) Public employees who are court reporters, as defined
in | ||||||
16 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
17 | collective bargaining purposes. One unit
shall be court | ||||||
18 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
19 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
20 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
21 | and one unit shall be court reporters employed by all other
| ||||||
22 | judicial circuits.
| ||||||
23 | (t) "Active petition for certification in a bargaining | ||||||
24 | unit" means a petition for certification filed with the Board | ||||||
25 | under one of the following case numbers: S-RC-11-110; | ||||||
26 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
| |||||||
| |||||||
1 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
2 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
3 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
4 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
5 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
6 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
7 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
8 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
9 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
10 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
11 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
12 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
13 | S-RC-07-100. | ||||||
14 | (Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14; | ||||||
15 | 99-143, eff. 7-27-15.)
| ||||||
16 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| ||||||
17 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
18 | which has been held unconstitutional) | ||||||
19 | Sec. 4. Management Rights. Employers shall not be required | ||||||
20 | to bargain
over matters of inherent managerial policy, which | ||||||
21 | shall include such areas
of discretion or policy as the | ||||||
22 | functions of the employer, standards of
services,
its overall | ||||||
23 | budget, the organizational structure and selection of new
| ||||||
24 | employees, examination techniques
and direction of employees. | ||||||
25 | Employers, however, shall be required to bargain
collectively |
| |||||||
| |||||||
1 | with regard to
policy matters directly affecting wages, hours | ||||||
2 | and terms and conditions of employment
as well as the impact | ||||||
3 | thereon upon request by employee representatives, except as | ||||||
4 | provided in Section 7.5.
| ||||||
5 | To preserve the rights of employers and exclusive | ||||||
6 | representatives which
have established collective bargaining | ||||||
7 | relationships or negotiated collective
bargaining agreements | ||||||
8 | prior to the effective date of this Act, employers
shall be | ||||||
9 | required to bargain collectively with regard to any matter | ||||||
10 | concerning
wages, hours or conditions of employment about which | ||||||
11 | they have bargained
for and agreed to in a collective | ||||||
12 | bargaining agreement
prior to the effective date of this Act, | ||||||
13 | except as provided in Section 7.5.
| ||||||
14 | The chief judge of the judicial circuit that employs a | ||||||
15 | public employee who
is
a court reporter, as defined in the | ||||||
16 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
17 | promote, evaluate, discipline, and discharge court reporters
| ||||||
18 | within that judicial circuit.
| ||||||
19 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
20 | shall
be construed to intrude upon the judicial functions of | ||||||
21 | any court. This
amendatory Act of the 94th General Assembly | ||||||
22 | applies only to nonjudicial
administrative matters relating to | ||||||
23 | the collective bargaining rights of court
reporters.
| ||||||
24 | (Source: P.A. 98-599, eff. 6-1-14 .)
| ||||||
25 | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| |||||||
| |||||||
1 | which has been held unconstitutional) | ||||||
2 | Sec. 4. Management Rights. Employers shall not be required | ||||||
3 | to bargain
over matters of inherent managerial policy, which | ||||||
4 | shall include such areas
of discretion or policy as the | ||||||
5 | functions of the employer, standards of
services,
its overall | ||||||
6 | budget, the organizational structure and selection of new
| ||||||
7 | employees, examination techniques
and direction of employees. | ||||||
8 | Employers, however, shall be required to bargain
collectively | ||||||
9 | with regard to
policy matters directly affecting wages, hours | ||||||
10 | and terms and conditions of employment for members of an | ||||||
11 | exclusive representative
as well as the impact thereon upon | ||||||
12 | request by employee representatives.
| ||||||
13 | To preserve the rights of employers and exclusive | ||||||
14 | representatives which
have established collective bargaining | ||||||
15 | relationships or negotiated collective
bargaining agreements | ||||||
16 | prior to the effective date of this Act, employers
shall be | ||||||
17 | required to bargain collectively with regard to any matter | ||||||
18 | concerning
wages, hours or conditions of employment about which | ||||||
19 | they have bargained
for and agreed to in a collective | ||||||
20 | bargaining agreement
prior to the effective date of this Act , | ||||||
21 | except as provided in subsections (e-1) and (e-3) of Section 6 .
| ||||||
22 | The chief judge of the judicial circuit that employs a | ||||||
23 | public employee who
is
a court reporter, as defined in the | ||||||
24 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
25 | promote, evaluate, discipline, and discharge court reporters
| ||||||
26 | within that judicial circuit.
|
| |||||||
| |||||||
1 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
2 | shall
be construed to intrude upon the judicial functions of | ||||||
3 | any court. This
amendatory Act of the 94th General Assembly | ||||||
4 | applies only to nonjudicial
administrative matters relating to | ||||||
5 | the collective bargaining rights of court
reporters.
| ||||||
6 | (Source: P.A. 94-98, eff. 7-1-05.)
| ||||||
7 | (5 ILCS 315/6) (from Ch. 48, par. 1606)
| ||||||
8 | Sec. 6. Right to organize and bargain collectively or | ||||||
9 | independently ; exclusive
representation; and refrain from | ||||||
10 | representation fair share arrangements . | ||||||
11 | (a) Employees of the State and
any political subdivision of | ||||||
12 | the State, excluding employees of the General
Assembly of the | ||||||
13 | State of Illinois and employees excluded from the definition of | ||||||
14 | "public employee" under subsection (n) of Section 3 of this | ||||||
15 | Act, have, and are protected in the exercise
of, the right of | ||||||
16 | self-organization,
and may form, join or assist any labor | ||||||
17 | organization, to bargain collectively
through representatives | ||||||
18 | of their own choosing on questions of wages, hours
and other | ||||||
19 | conditions of employment, not excluded by Section 4 of this | ||||||
20 | Act,
and to engage in other concerted activities not otherwise | ||||||
21 | prohibited by law
for the purposes of collective bargaining or | ||||||
22 | other mutual aid or protection,
free from interference, | ||||||
23 | restraint or coercion. Employees also have, and
are protected | ||||||
24 | in the exercise of, the right to refrain from participating
in | ||||||
25 | any such concerted activities. Employees may be required,
|
| |||||||
| |||||||
1 | pursuant to the terms of a lawful fair share agreement, to pay | ||||||
2 | a fee which
shall be their proportionate share
of the costs of | ||||||
3 | the collective bargaining process, contract administration
and | ||||||
4 | pursuing matters affecting wages, hours and other conditions of | ||||||
5 | employment
as defined in Section 3(g).
| ||||||
6 | (b) Nothing in this Act prevents an employee from | ||||||
7 | presenting a grievance
to the employer and having the grievance | ||||||
8 | heard and settled without the
intervention of an employee | ||||||
9 | organization; provided that , for members of the exclusive | ||||||
10 | bargaining representative, the exclusive
bargaining | ||||||
11 | representative is afforded the opportunity to be present at | ||||||
12 | such
conference and that any settlement made shall not be | ||||||
13 | inconsistent with the
terms of any agreement in effect between | ||||||
14 | the employer and the exclusive
bargaining representative.
| ||||||
15 | (c) A labor organization designated by the Board as the | ||||||
16 | representative
of the majority of public employees in an | ||||||
17 | appropriate unit in accordance
with the procedures herein or | ||||||
18 | recognized
by a public employer as the representative of the | ||||||
19 | majority of public employees
in an appropriate unit is the | ||||||
20 | exclusive representative for the members of the labor | ||||||
21 | organization employees
of such unit for the purpose of | ||||||
22 | collective bargaining with respect to rates
of pay, wages, | ||||||
23 | hours and other conditions of employment not excluded by
| ||||||
24 | Section 4 of this Act. A public employer is required upon | ||||||
25 | request to furnish the exclusive bargaining representative | ||||||
26 | with a complete list of the names and addresses of the public |
| |||||||
| |||||||
1 | employees in the bargaining unit, provided that a public | ||||||
2 | employer shall not be required to furnish such a list more than | ||||||
3 | once per payroll period. The exclusive bargaining | ||||||
4 | representative shall use the list exclusively for bargaining | ||||||
5 | representation purposes and shall not disclose any information | ||||||
6 | contained in the list for any other purpose. Nothing in this | ||||||
7 | Section, however, shall prohibit a bargaining representative | ||||||
8 | from disseminating a list of its union members.
| ||||||
9 | (d) Labor organizations recognized by a public employer as | ||||||
10 | the exclusive
representative or so designated in accordance | ||||||
11 | with the provisions of this
Act are responsible for | ||||||
12 | representing the interests of all labor organization member | ||||||
13 | public employees
in the unit. Nothing herein shall be construed | ||||||
14 | to limit an exclusive
representative's right to exercise its | ||||||
15 | discretion to refuse to process
grievances of employees that | ||||||
16 | are unmeritorious.
| ||||||
17 | (e) (Blank). When a collective bargaining agreement is | ||||||
18 | entered into with an exclusive
representative, it may include | ||||||
19 | in the agreement a provision requiring employees
covered by the | ||||||
20 | agreement who are not members of the organization to pay
their | ||||||
21 | proportionate share of the costs of the collective bargaining | ||||||
22 | process,
contract administration and pursuing matters | ||||||
23 | affecting wages, hours and
conditions of employment, as defined | ||||||
24 | in Section 3 (g), but not to exceed
the amount of dues | ||||||
25 | uniformly required of members. The organization shall
certify | ||||||
26 | to the employer the amount constituting each nonmember |
| |||||||
| |||||||
1 | employee's
proportionate share which shall not exceed dues | ||||||
2 | uniformly required of members.
In such case, the proportionate | ||||||
3 | share payment in this Section shall be deducted
by the employer | ||||||
4 | from the earnings of the nonmember employees and paid to
the | ||||||
5 | employee organization.
| ||||||
6 | (e-1) Employees shall not be required as a condition of | ||||||
7 | obtaining or continuing public employment to do any of the | ||||||
8 | following: | ||||||
9 | (1) refrain or resign from membership in, voluntary | ||||||
10 | affiliation with, or voluntary financial support of a labor | ||||||
11 | organization or bargaining representative; | ||||||
12 | (2) become or remain a member of a labor organization | ||||||
13 | or bargaining representative; | ||||||
14 | (3) pay any dues, fees, assessments, or other charges | ||||||
15 | or expenses of any kind or amount, or provide anything of | ||||||
16 | value to a labor organization or bargaining | ||||||
17 | representative; or | ||||||
18 | (4) pay to any charitable organization or third party | ||||||
19 | any amount that is in lieu of, equivalent to, or any | ||||||
20 | portion of dues, fees, assessments, or other charges or | ||||||
21 | expenses required of members of or public employees | ||||||
22 | represented by a labor organization or bargaining | ||||||
23 | representative. | ||||||
24 | (e-3) Public employees shall have the right to | ||||||
25 | independently bargain in their relations with the public | ||||||
26 | employer, and the following provisions shall apply: |
| |||||||
| |||||||
1 | (1) No provision of any agreement between a labor | ||||||
2 | organization, employee organization, bargaining agent, or | ||||||
3 | exclusive representative and a public employer, or any | ||||||
4 | other public policy, shall impose representation by a labor | ||||||
5 | organization, employee organization, bargaining agent, or | ||||||
6 | exclusive representative on public employees who are not | ||||||
7 | members of that organization and have chosen to bargain | ||||||
8 | independently. Nothing in any collective bargaining | ||||||
9 | agreement shall limit the ability of a public employee who | ||||||
10 | is not a member of an exclusive representative organization | ||||||
11 | to negotiate with his public employer or adjust his | ||||||
12 | grievances directly with his public employer, nor shall a | ||||||
13 | resolution of any such negotiation or grievance be | ||||||
14 | controlled or limited by the terms of a collective | ||||||
15 | bargaining agreement. | ||||||
16 | (2) There shall be not more than one exclusive | ||||||
17 | bargaining representative designated by the board pursuant | ||||||
18 | to the provisions of section 9 of this Act as the | ||||||
19 | representative of the public employees in an appropriate | ||||||
20 | collective bargaining unit. | ||||||
21 | (3) No provision of any agreement between an employee | ||||||
22 | organization and a public employer, or any other public | ||||||
23 | policy, shall impose any wages or conditions of employment | ||||||
24 | for members of an employee organization which are linked or | ||||||
25 | contingent upon wages or conditions of employment to public | ||||||
26 | employees who are not members of an employee organization. |
| |||||||
| |||||||
1 | (e-5) An agreement, contract, understanding, or practice | ||||||
2 | between or involving a public employer, labor organization, or | ||||||
3 | exclusive representative that violates subsections (e-1) or | ||||||
4 | (e-3) is unlawful and unenforceable. This subsection (e-5) | ||||||
5 | applies only to an agreement, contract, understanding, or | ||||||
6 | practice that takes effect, modified, or is extended or renewed | ||||||
7 | after the effective date of this amendatory Act of the 100th | ||||||
8 | General Assembly, and the following provisions shall apply: | ||||||
9 | (1) The court of appeals has exclusive original | ||||||
10 | jurisdiction over any action challenging the validity of | ||||||
11 | subsections (e-1) and (e-3). The court of appeals shall | ||||||
12 | hear the action in an expedited manner. | ||||||
13 | (2) A person, public employer, or labor organization | ||||||
14 | that violates subsection (e-1) or (e-3) is liable for a | ||||||
15 | civil fine of not more than $500.00. A civil fine recovered | ||||||
16 | under this Section shall be submitted to the State | ||||||
17 | Treasurer for deposit in the General Revenue Fund. | ||||||
18 | (3) Except for actions required to be brought under | ||||||
19 | paragraph (1) of this subsection (e-5), a person who | ||||||
20 | suffers an injury as a result of a violation or threatened | ||||||
21 | violation of subsection (e-1) or (e-3) may bring a civil | ||||||
22 | action for damages, injunctive relief, or both. In | ||||||
23 | addition, a court shall award court costs and reasonable | ||||||
24 | attorney fees to a plaintiff who prevails in an action | ||||||
25 | brought under this subsection (e-5). Remedies provided in | ||||||
26 | this subsection (e-5) are independent of and in addition to |
| |||||||
| |||||||
1 | other penalties and remedies prescribed by this Act. | ||||||
2 | (f) Only the exclusive representative may negotiate
| ||||||
3 | provisions in a collective bargaining agreement providing for | ||||||
4 | the payroll
deduction of labor organization dues, fair share | ||||||
5 | payment, initiation fees
and assessments. Any Except as | ||||||
6 | provided in subsection (e) of this Section, any
such deductions | ||||||
7 | shall only be made upon an employee's written
authorization, | ||||||
8 | and continued until revoked in writing in the same manner or
| ||||||
9 | until the termination date of an applicable collective | ||||||
10 | bargaining
agreement. Such payments shall be paid to the | ||||||
11 | exclusive representative.
| ||||||
12 | Where a collective bargaining agreement is terminated, or | ||||||
13 | continues in effect beyond its scheduled expiration date | ||||||
14 | pending the negotiation of a successor agreement or the | ||||||
15 | resolution of an impasse under Section 14, the employer shall | ||||||
16 | continue to honor and abide by any dues deduction or fair share | ||||||
17 | clause contained therein until a new agreement is reached | ||||||
18 | including a dues deduction or a fair share clause. For the | ||||||
19 | benefit of any successor exclusive representative certified | ||||||
20 | under this Act, this provision shall be applicable, provided | ||||||
21 | the successor exclusive representative : (i) certifies to the | ||||||
22 | employer the amount constituting each non-member's | ||||||
23 | proportionate share under subsection (e); or (ii) presents the | ||||||
24 | employer with employee written authorizations for the | ||||||
25 | deduction of dues, assessments, and fees under this subsection. | ||||||
26 | Failure to so honor and abide by dues deduction or fair |
| |||||||
| |||||||
1 | share clauses for the benefit of any exclusive representative, | ||||||
2 | including a successor, shall be a violation of the duty to | ||||||
3 | bargain and an unfair labor practice.
| ||||||
4 | (g) (Blank). Agreements containing a fair share agreement | ||||||
5 | must safeguard the right
of nonassociation of employees based | ||||||
6 | upon bona fide religious tenets or
teachings of a church or | ||||||
7 | religious body of which such employees are members.
Such | ||||||
8 | employees may be required to pay an amount equal to their fair | ||||||
9 | share,
determined under a lawful fair share agreement, to a | ||||||
10 | nonreligious charitable
organization mutually agreed upon by | ||||||
11 | the employees affected and the exclusive
bargaining | ||||||
12 | representative to which such employees would otherwise pay such
| ||||||
13 | service fee. If the affected employees and the bargaining | ||||||
14 | representative
are unable to reach an agreement on the matter, | ||||||
15 | the Board may establish an
approved list of charitable | ||||||
16 | organizations to which such payments may be made.
| ||||||
17 | (Source: P.A. 97-1172, eff. 4-5-13.)
| ||||||
18 | (5 ILCS 315/7) (from Ch. 48, par. 1607)
| ||||||
19 | Sec. 7. Duty to bargain. A public employer and the | ||||||
20 | exclusive representative
have the authority and the duty to | ||||||
21 | bargain collectively for members of a labor organization set | ||||||
22 | forth in this
Section.
| ||||||
23 | For the purposes of this Act, "to bargain collectively" | ||||||
24 | means the performance
of the mutual obligation of the public | ||||||
25 | employer or his designated
representative and the |
| |||||||
| |||||||
1 | representative of the public employees , who are members of an | ||||||
2 | exclusive representative, to meet at
reasonable times, | ||||||
3 | including meetings in advance of the budget-making process,
and | ||||||
4 | to negotiate in good faith with respect to wages, hours, and | ||||||
5 | other
conditions
of employment, not excluded by Section 4 of | ||||||
6 | this Act, or the negotiation
of an agreement, or any question | ||||||
7 | arising
thereunder and the execution of a written contract | ||||||
8 | incorporating any agreement
reached if requested by either | ||||||
9 | party, but such obligation does not compel
either party to | ||||||
10 | agree to a proposal or require the making of a concession.
| ||||||
11 | The duty "to bargain collectively" shall also include an | ||||||
12 | obligation to
negotiate over any matter with respect to wages, | ||||||
13 | hours and other conditions
of employment, not specifically | ||||||
14 | provided for in any other law or not specifically
in violation | ||||||
15 | of the provisions
of any law. If any other law pertains, in | ||||||
16 | part, to a matter affecting
the wages, hours and other | ||||||
17 | conditions of employment, such other law shall
not be construed | ||||||
18 | as limiting the duty "to bargain collectively" and to enter
| ||||||
19 | into collective bargaining agreements containing clauses which | ||||||
20 | either supplement,
implement, or relate to the effect of such | ||||||
21 | provisions in other laws.
| ||||||
22 | The duty "to bargain collectively" shall also include | ||||||
23 | negotiations
as to the terms of a collective bargaining | ||||||
24 | agreement.
The parties may, by mutual agreement, provide for | ||||||
25 | arbitration of impasses
resulting from their inability to agree | ||||||
26 | upon wages, hours and terms and
conditions of employment to be |
| |||||||
| |||||||
1 | included in a collective bargaining agreement.
Such | ||||||
2 | arbitration provisions shall be subject to the Illinois | ||||||
3 | "Uniform Arbitration
Act" unless agreed by the parties.
| ||||||
4 | The duty "to bargain collectively" shall also mean that no | ||||||
5 | party to a collective
bargaining contract shall terminate or | ||||||
6 | modify such contract, unless the
party desiring such | ||||||
7 | termination or modification:
| ||||||
8 | (1) serves a written notice upon the other party to the | ||||||
9 | contract of the
proposed termination or modification 60 | ||||||
10 | days prior to the expiration date
thereof, or in the event | ||||||
11 | such contract contains no expiration date, 60 days
prior to | ||||||
12 | the time it is proposed to make such termination or | ||||||
13 | modification;
| ||||||
14 | (2) offers to meet and confer with the other party for | ||||||
15 | the purpose of
negotiating a new contract or a contract | ||||||
16 | containing the proposed modifications;
| ||||||
17 | (3) notifies the Board within 30 days after such notice | ||||||
18 | of the existence
of a dispute, provided no agreement has | ||||||
19 | been reached by that time; and
| ||||||
20 | (4) continues in full force and effect, without | ||||||
21 | resorting to strike or
lockout, all the terms and | ||||||
22 | conditions of the existing contract for a period
of 60 days | ||||||
23 | after such notice is given to the other party or until the | ||||||
24 | expiration
date of such contract, whichever occurs later.
| ||||||
25 | The duties imposed upon employers, employees and labor | ||||||
26 | organizations by
paragraphs (2), (3) and (4) shall become |
| |||||||
| |||||||
1 | inapplicable upon an intervening
certification of the Board, | ||||||
2 | under which the labor organization, which is
a party to the | ||||||
3 | contract, has been superseded as or ceased to be the exclusive
| ||||||
4 | representative
of the member employees pursuant to the | ||||||
5 | provisions of subsection (a) of Section
9, and the duties so | ||||||
6 | imposed shall not be construed as requiring either
party to | ||||||
7 | discuss or agree to any modification of the terms and | ||||||
8 | conditions
contained in a contract for a fixed period, if such | ||||||
9 | modification is to become
effective before such terms and | ||||||
10 | conditions can be reopened under the provisions
of the | ||||||
11 | contract.
| ||||||
12 | Collective bargaining for home care and home health workers | ||||||
13 | who function as personal assistants and individual maintenance | ||||||
14 | home health workers
under
the Home Services Program shall be | ||||||
15 | limited to the terms and conditions of
employment
under the | ||||||
16 | State's control, as defined in Public Act 93-204 or this | ||||||
17 | amendatory Act of the 97th General Assembly, as applicable.
| ||||||
18 | Collective bargaining for child and day care home providers | ||||||
19 | under the child care assistance program shall be limited to the | ||||||
20 | terms and conditions of employment under the State's control, | ||||||
21 | as defined in this amendatory Act of the 94th General Assembly.
| ||||||
22 | Notwithstanding any other provision of this Section, | ||||||
23 | whenever collective bargaining is for the purpose of | ||||||
24 | establishing an initial agreement following original | ||||||
25 | certification of units with fewer than 35 employees, with | ||||||
26 | respect to public employees other than peace officers, fire |
| |||||||
| |||||||
1 | fighters, and security employees, the following apply: | ||||||
2 | (1) Not later than 10 days after receiving a written | ||||||
3 | request for collective bargaining from a labor | ||||||
4 | organization that has been newly certified as a | ||||||
5 | representative as defined in Section 6(c), or within such | ||||||
6 | further period as the parties agree upon, the parties shall | ||||||
7 | meet and commence to bargain collectively and shall make | ||||||
8 | every reasonable effort to conclude and sign a collective | ||||||
9 | bargaining agreement. | ||||||
10 | (2) If anytime after the expiration of the 90-day | ||||||
11 | period beginning on the date on which bargaining is | ||||||
12 | commenced the parties have failed to reach an agreement, | ||||||
13 | either party may notify the Illinois Public Labor Relations | ||||||
14 | Board of the existence of a dispute and request mediation | ||||||
15 | in accordance with the provisions of Section 14 of this | ||||||
16 | Act. | ||||||
17 | (3) If after the expiration of the 30-day period | ||||||
18 | beginning on the date on which mediation commenced, or such | ||||||
19 | additional period as the parties may agree upon, the | ||||||
20 | mediator is not able to bring the parties to agreement by | ||||||
21 | conciliation, either the exclusive representative of the | ||||||
22 | member employees or the employer may request of the other, | ||||||
23 | in writing, arbitration and shall submit a copy of the | ||||||
24 | request to the board. Upon submission of the request for | ||||||
25 | arbitration, the parties shall be required to participate | ||||||
26 | in the impasse arbitration procedures set forth in Section |
| |||||||
| |||||||
1 | 14 of this Act, except the right to strike shall not be | ||||||
2 | considered waived pursuant to Section 17 of this Act, until | ||||||
3 | the actual convening of the arbitration hearing. | ||||||
4 | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
| ||||||
5 | (5 ILCS 315/8) (from Ch. 48, par. 1608)
| ||||||
6 | Sec. 8. Grievance Procedure. The collective bargaining | ||||||
7 | agreement negotiated
between the employer and the exclusive | ||||||
8 | representative shall contain a grievance
resolution procedure | ||||||
9 | which shall apply to all employees in the bargaining
unit and | ||||||
10 | shall provide for final and binding arbitration of disputes | ||||||
11 | concerning
the administration or interpretation of the | ||||||
12 | agreement unless mutually agreed
otherwise , provided that | ||||||
13 | public employees who are not members of a labor organization | ||||||
14 | may represent themselves in accord with established grievance | ||||||
15 | resolution procedures . Any agreement containing a final and | ||||||
16 | binding arbitration provision
shall also contain a provision | ||||||
17 | prohibiting strikes for the duration of the
agreement. The | ||||||
18 | grievance and
arbitration provisions of any collective | ||||||
19 | bargaining agreement shall be subject
to the Illinois "Uniform | ||||||
20 | Arbitration Act". The costs of such arbitration
shall be borne | ||||||
21 | equally by the employer and the employee organization.
| ||||||
22 | (Source: P.A. 83-1012.)
| ||||||
23 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
24 | Sec. 9. Elections; recognition.
|
| |||||||
| |||||||
1 | (a) Whenever in accordance with such
regulations as may be | ||||||
2 | prescribed by the Board a petition has been filed:
| ||||||
3 | (1) by a public employee or group of public employees | ||||||
4 | or any labor
organization acting in their behalf | ||||||
5 | demonstrating that 30% of the public
employees in an | ||||||
6 | appropriate unit (A) wish to be represented for the
| ||||||
7 | purposes of collective bargaining by a labor organization | ||||||
8 | as exclusive
representative, or (B) asserting that the | ||||||
9 | labor organization which has been
certified or is currently | ||||||
10 | recognized by the public employer as bargaining
| ||||||
11 | representative is no longer the representative of the | ||||||
12 | majority of public
employees in the unit; or
| ||||||
13 | (2) by a public employer alleging that one or more | ||||||
14 | labor organizations
have presented to it a claim that they | ||||||
15 | be recognized as the representative
of a majority of the | ||||||
16 | public employees in an appropriate unit,
| ||||||
17 | the Board
shall investigate such petition, and if it has | ||||||
18 | reasonable cause to believe
that a question of representation | ||||||
19 | exists, shall provide for an appropriate
hearing upon due | ||||||
20 | notice. Such hearing shall be held at the offices of
the Board | ||||||
21 | or such other location as the Board deems appropriate.
If it | ||||||
22 | finds upon the record of the hearing that a question of
| ||||||
23 | representation exists, it shall direct an election in | ||||||
24 | accordance with
subsection (d) of this Section, which election | ||||||
25 | shall be held not later than
120 days after the date the | ||||||
26 | petition was filed regardless of whether that
petition was |
| |||||||
| |||||||
1 | filed before or after the effective date of this amendatory
Act | ||||||
2 | of 1987; provided, however, the Board may extend the time for | ||||||
3 | holding an
election by an additional 60 days if, upon motion by | ||||||
4 | a person who has filed
a petition under this Section or is the | ||||||
5 | subject of a petition filed under
this Section and is a party | ||||||
6 | to such hearing, or upon the Board's own
motion, the Board | ||||||
7 | finds that good cause has been shown for extending the
election | ||||||
8 | date; provided further, that nothing in this Section shall | ||||||
9 | prohibit
the Board, in its discretion, from extending the time | ||||||
10 | for holding an
election for so long as may be necessary under | ||||||
11 | the circumstances, where the
purpose for such extension is to | ||||||
12 | permit resolution by the Board of an
unfair labor practice | ||||||
13 | charge filed by one of the parties to a
representational | ||||||
14 | proceeding against the other based upon conduct which may
| ||||||
15 | either affect the existence of a question concerning | ||||||
16 | representation or have
a tendency to interfere with a fair and | ||||||
17 | free election, where the party
filing the charge has not filed | ||||||
18 | a request to proceed with the election; and
provided further | ||||||
19 | that prior to the expiration of the total time allotted
for | ||||||
20 | holding an election, a person who has filed a petition under | ||||||
21 | this
Section or is the subject of a petition filed under this | ||||||
22 | Section and is a
party to such hearing or the Board, may move | ||||||
23 | for and obtain the entry
of an order in the circuit court of | ||||||
24 | the county in which the majority of the
public employees sought | ||||||
25 | to be represented by such person reside, such order
extending | ||||||
26 | the date upon which the election shall be held. Such order |
| |||||||
| |||||||
1 | shall
be issued by the circuit court only upon a judicial | ||||||
2 | finding that there has
been a sufficient showing that there is | ||||||
3 | good cause to extend the election
date beyond such period and | ||||||
4 | shall require the Board to hold the
election as soon as is | ||||||
5 | feasible given the totality of the circumstances.
Such 120 day | ||||||
6 | period may be extended one or more times by the agreement
of | ||||||
7 | all parties to the hearing to a date certain without the | ||||||
8 | necessity of
obtaining a court order. Nothing in this Section | ||||||
9 | prohibits the waiving
of hearings by stipulation for the | ||||||
10 | purpose of a consent election in conformity
with the rules and | ||||||
11 | regulations of the Board or an election in a unit agreed
upon | ||||||
12 | by the parties. Other interested employee organizations may | ||||||
13 | intervene
in the proceedings in the manner and within the time | ||||||
14 | period specified by
rules and regulations of the Board. | ||||||
15 | Interested parties who are necessary
to the proceedings may | ||||||
16 | also intervene in the proceedings in the manner and
within the | ||||||
17 | time period specified by the rules and regulations of the | ||||||
18 | Board.
| ||||||
19 | (a-5) The Board shall designate an exclusive | ||||||
20 | representative for purposes
of
collective bargaining for | ||||||
21 | members of a labor organization when the representative | ||||||
22 | demonstrates a showing of
majority interest by employees in the | ||||||
23 | unit. If the parties to a dispute are
without
agreement on the | ||||||
24 | means to ascertain the choice, if any, of employee
organization
| ||||||
25 | as their representative, the Board shall ascertain the | ||||||
26 | employees' choice of
employee organization, on the basis of |
| |||||||
| |||||||
1 | dues deduction authorization or other
evidence, or, if | ||||||
2 | necessary, by conducting an election. All evidence submitted by | ||||||
3 | an employee organization to the Board to ascertain an | ||||||
4 | employee's choice of an employee organization is confidential | ||||||
5 | and shall not be submitted to the employer for review. The | ||||||
6 | Board shall ascertain the employee's choice of employee | ||||||
7 | organization within 120 days after the filing of the majority | ||||||
8 | interest petition; however, the Board may extend time by an | ||||||
9 | additional 60 days, upon its own motion or upon the motion of a | ||||||
10 | party to the proceeding. If either party provides
to the Board, | ||||||
11 | before the designation of a representative, clear and | ||||||
12 | convincing
evidence that the dues deduction authorizations, | ||||||
13 | and other evidence upon which
the Board would otherwise rely to | ||||||
14 | ascertain the employees' choice of
representative, are | ||||||
15 | fraudulent or were obtained through coercion, the Board
shall | ||||||
16 | promptly thereafter conduct an election. The Board shall also | ||||||
17 | investigate
and consider a party's allegations that the dues | ||||||
18 | deduction authorizations and
other evidence submitted in | ||||||
19 | support of a designation of representative without
an election | ||||||
20 | were subsequently changed, altered, withdrawn, or withheld as a
| ||||||
21 | result of employer fraud, coercion, or any other unfair labor | ||||||
22 | practice by the
employer. If the Board determines that a labor | ||||||
23 | organization would have had a
majority interest but for an | ||||||
24 | employer's fraud, coercion, or unfair labor
practice, it shall | ||||||
25 | designate the labor organization as an exclusive
| ||||||
26 | representative without conducting an
election. If a hearing is |
| |||||||
| |||||||
1 | necessary to resolve any issues of representation under this | ||||||
2 | Section, the Board shall conclude its hearing process and issue | ||||||
3 | a certification of the entire appropriate unit not later than | ||||||
4 | 120 days after the date the petition was filed. The 120-day | ||||||
5 | period may be extended one or more times by the agreement of | ||||||
6 | all parties to a hearing to a date certain.
| ||||||
7 | (a-6) A labor organization or an employer may file a unit | ||||||
8 | clarification petition seeking to clarify an existing | ||||||
9 | bargaining unit. The Board shall conclude its investigation, | ||||||
10 | including any hearing process deemed necessary, and issue a | ||||||
11 | certification of clarified unit or dismiss the petition not | ||||||
12 | later than 120 days after the date the petition was filed. The | ||||||
13 | 120-day period may be extended one or more times by the | ||||||
14 | agreement of all parties to a hearing to a date certain. | ||||||
15 | (b) The Board shall decide in each case, in order to assure | ||||||
16 | public employees
the fullest freedom in exercising the rights | ||||||
17 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
18 | collective bargaining, based upon but not
limited to such | ||||||
19 | factors as: historical pattern of recognition; community
of | ||||||
20 | interest including employee skills and functions; degree of | ||||||
21 | functional
integration; interchangeability and contact among | ||||||
22 | employees; fragmentation
of employee groups; common | ||||||
23 | supervision, wages, hours and other working
conditions of the | ||||||
24 | employees involved; and the desires of the employees.
For | ||||||
25 | purposes of this subsection, fragmentation shall not be the | ||||||
26 | sole or
predominant factor used by the Board in determining an |
| |||||||
| |||||||
1 | appropriate
bargaining unit. Except with respect to non-State | ||||||
2 | fire fighters and
paramedics employed by fire departments and | ||||||
3 | fire protection districts,
non-State peace officers and peace | ||||||
4 | officers in the State
Department of State Police, a single | ||||||
5 | bargaining unit determined by the
Board may not include both | ||||||
6 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
7 | existence on the effective date of this Act. With
respect to | ||||||
8 | non-State fire fighters and paramedics employed by fire
| ||||||
9 | departments and fire protection districts, non-State peace | ||||||
10 | officers and
peace officers in the State Department of State | ||||||
11 | Police, a single bargaining
unit determined by the Board may | ||||||
12 | not include both supervisors and
nonsupervisors, except for | ||||||
13 | bargaining units in existence on the effective
date of this | ||||||
14 | amendatory Act of 1985.
| ||||||
15 | In cases involving an historical pattern of recognition, | ||||||
16 | and in cases where
the employer has recognized the union as the | ||||||
17 | sole and exclusive bargaining
agent for a specified existing | ||||||
18 | unit, the Board shall find the employees
in the unit then | ||||||
19 | represented by the union pursuant to the recognition to
be the | ||||||
20 | appropriate unit.
| ||||||
21 | Notwithstanding the above factors, where the majority of | ||||||
22 | public employees
of a craft so decide, the Board shall | ||||||
23 | designate such craft as a unit
appropriate for the purposes of | ||||||
24 | collective bargaining.
| ||||||
25 | The Board shall not decide that any unit is appropriate if | ||||||
26 | such unit
includes both professional and nonprofessional |
| |||||||
| |||||||
1 | employees, unless a majority
of each group votes for inclusion | ||||||
2 | in such unit.
| ||||||
3 | (c) Except as provided in subsections (e-1) and (e-3) of | ||||||
4 | Section 6, nothing Nothing in this Act shall interfere with or | ||||||
5 | negate the current
representation rights or patterns and | ||||||
6 | practices of labor organizations
which have historically | ||||||
7 | represented public employees for the purpose of
collective | ||||||
8 | bargaining, including but not limited to the negotiations of
| ||||||
9 | wages, hours and working conditions, discussions of employees' | ||||||
10 | grievances,
resolution of jurisdictional disputes, or the | ||||||
11 | establishment and maintenance
of prevailing wage rates, unless | ||||||
12 | a majority of employees so represented
express a contrary | ||||||
13 | desire pursuant to the procedures set forth in this Act.
| ||||||
14 | (d) In instances where the employer does not voluntarily | ||||||
15 | recognize a labor
organization as the exclusive bargaining | ||||||
16 | representative for a unit of
employees, the Board shall | ||||||
17 | determine the majority representative of the
public employees | ||||||
18 | in an appropriate collective bargaining unit by conducting
a | ||||||
19 | secret ballot election, except as otherwise provided in | ||||||
20 | subsection (a-5).
Within 7 days after the Board issues its
| ||||||
21 | bargaining unit determination and direction of election or the | ||||||
22 | execution of
a stipulation for the purpose of a consent | ||||||
23 | election, the public employer
shall submit to the labor | ||||||
24 | organization the complete names and addresses of
those | ||||||
25 | employees who are determined by the Board to be eligible to
| ||||||
26 | participate in the election. When the Board has determined that |
| |||||||
| |||||||
1 | a labor
organization has been fairly and freely chosen by a | ||||||
2 | majority of employees
in an appropriate unit, it shall certify | ||||||
3 | such organization as the exclusive
representative for members | ||||||
4 | of the labor organization . If the Board determines that a | ||||||
5 | majority of employees in an
appropriate unit has fairly and | ||||||
6 | freely chosen not to be represented by a
labor organization, it | ||||||
7 | shall so certify. The Board may also revoke the
certification | ||||||
8 | of the public employee organizations as exclusive bargaining
| ||||||
9 | representatives which have been found by a secret ballot | ||||||
10 | election to be no
longer the majority representative.
| ||||||
11 | (e) The Board shall not conduct an election in any | ||||||
12 | bargaining unit or
any subdivision thereof within which a valid | ||||||
13 | election has been held in the
preceding 12-month period. The | ||||||
14 | Board shall determine who is eligible to
vote in an election | ||||||
15 | and shall establish rules governing the conduct of the
election | ||||||
16 | or conduct affecting the results of the election. The Board | ||||||
17 | shall
include on a ballot in a representation election a choice | ||||||
18 | of "no
representation". A labor organization currently | ||||||
19 | representing the bargaining
unit of employees shall be placed | ||||||
20 | on the ballot in any representation
election. In any election | ||||||
21 | where none of the choices on the ballot receives
a majority, a | ||||||
22 | runoff election shall be conducted between the 2 choices
| ||||||
23 | receiving the largest number of valid votes cast in the | ||||||
24 | election. A labor
organization which receives a majority of the | ||||||
25 | votes cast in an election
shall be certified by the Board as | ||||||
26 | exclusive representative of members of the labor organization |
| |||||||
| |||||||
1 | all public
employees in the unit.
| ||||||
2 | (f) A labor
organization shall be designated as the | ||||||
3 | exclusive representative for members of the labor organization | ||||||
4 | by a
public employer, provided that the labor
organization | ||||||
5 | represents a majority of the public employees in an
appropriate | ||||||
6 | unit. Any employee organization which is designated or selected
| ||||||
7 | by the majority of public employees, in a unit of the public | ||||||
8 | employer
having no other recognized or certified | ||||||
9 | representative, as their
representative for purposes of | ||||||
10 | collective bargaining may request
recognition by the public | ||||||
11 | employer in writing. The public employer shall
post such | ||||||
12 | request for a period of at least 20 days following its receipt
| ||||||
13 | thereof on bulletin boards or other places used or reserved for | ||||||
14 | employee
notices.
| ||||||
15 | (g) Within the 20-day period any other interested employee | ||||||
16 | organization
may petition the Board in the manner specified by | ||||||
17 | rules and regulations
of the Board, provided that such | ||||||
18 | interested employee organization has been
designated by at | ||||||
19 | least 10% of the employees in an appropriate bargaining
unit | ||||||
20 | which includes all or some of the employees in the unit | ||||||
21 | recognized
by the employer. In such event, the Board shall | ||||||
22 | proceed with the petition
in the same manner as provided by | ||||||
23 | paragraph (1) of subsection (a) of this
Section.
| ||||||
24 | (h) No election shall be directed by the Board in any | ||||||
25 | bargaining unit
where there is in force a valid collective | ||||||
26 | bargaining agreement. The Board,
however, may process an |
| |||||||
| |||||||
1 | election petition filed between 90 and 60 days prior
to the | ||||||
2 | expiration of the date of an agreement, and may further refine, | ||||||
3 | by
rule or decision, the implementation of this provision.
| ||||||
4 | Where more than 4 years have elapsed since the effective date | ||||||
5 | of the agreement,
the agreement shall continue to bar an | ||||||
6 | election, except that the Board may
process an election | ||||||
7 | petition filed between 90 and 60 days prior to the end of
the | ||||||
8 | fifth year of such an agreement, and between 90 and 60 days | ||||||
9 | prior to the
end of each successive year of such agreement.
| ||||||
10 | (i) An order of the Board dismissing a representation | ||||||
11 | petition,
determining and certifying that a labor organization | ||||||
12 | has been fairly and
freely chosen by a majority of employees in | ||||||
13 | an appropriate bargaining unit,
determining and certifying | ||||||
14 | that a labor organization has not been fairly
and freely chosen | ||||||
15 | by a majority of employees in the bargaining unit or
certifying | ||||||
16 | a labor organization as the exclusive representative of member
| ||||||
17 | employees in an appropriate bargaining unit because of a | ||||||
18 | determination by
the Board that the labor organization is the | ||||||
19 | historical bargaining
representative of employees in the | ||||||
20 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
21 | such order issued on or after the effective date of
this | ||||||
22 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
23 | in
accordance with provisions of the Administrative Review Law, | ||||||
24 | as now or
hereafter amended, except that such review shall be | ||||||
25 | afforded directly in
the Appellate Court for the district in | ||||||
26 | which the aggrieved party resides
or transacts business.
Any |
| |||||||
| |||||||
1 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
2 | days from
the date that a copy of the decision sought to be | ||||||
3 | reviewed was served upon the
party affected by the decision.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09 .)
| ||||||
5 | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| ||||||
6 | Sec. 10. Unfair labor practices.
| ||||||
7 | (a) It shall be an unfair labor practice
for an employer or | ||||||
8 | its agents:
| ||||||
9 | (1) to interfere with, restrain or coerce public | ||||||
10 | employees in the
exercise of the rights guaranteed in this | ||||||
11 | Act or to dominate or interfere
with the formation, | ||||||
12 | existence or administration of any labor organization
or | ||||||
13 | contribute financial or other support to it; provided, an | ||||||
14 | employer shall
not be prohibited from permitting employees | ||||||
15 | to confer with him during
working hours without loss of | ||||||
16 | time or pay;
| ||||||
17 | (2) to discriminate in regard to hire or tenure of | ||||||
18 | employment or any term
or condition of employment in order | ||||||
19 | to encourage or discourage membership
in or other support | ||||||
20 | for any labor organization . Nothing in this Act or any
| ||||||
21 | other law precludes a public employer from making an | ||||||
22 | agreement with a labor
organization to require as a | ||||||
23 | condition of employment the payment of a fair
share under | ||||||
24 | paragraph (e) of Section 6 ;
| ||||||
25 | (3) to discharge or otherwise discriminate against a |
| |||||||
| |||||||
1 | public employee because
he has signed or filed an | ||||||
2 | affidavit, petition or charge or provided any
information | ||||||
3 | or testimony under this Act;
| ||||||
4 | (4) to refuse to bargain collectively in good faith | ||||||
5 | with a labor
organization which is the exclusive | ||||||
6 | representative of members of the labor organization public | ||||||
7 | employees in
an appropriate unit, including, but not | ||||||
8 | limited to, the discussing of
grievances with the exclusive | ||||||
9 | representative;
| ||||||
10 | (4.5) to refuse to bargain independently with public | ||||||
11 | employees who are not members of an exclusive | ||||||
12 | representative; | ||||||
13 | (5) to violate any of the rules and regulations | ||||||
14 | established by the Board
with jurisdiction over them | ||||||
15 | relating to the conduct of representation elections
or the | ||||||
16 | conduct affecting the representation elections;
| ||||||
17 | (6) to expend or cause the expenditure of public funds | ||||||
18 | to any external
agent, individual, firm, agency, | ||||||
19 | partnership or association in any attempt
to influence the | ||||||
20 | outcome of representational elections held pursuant to
| ||||||
21 | Section 9 of this Act; provided, that nothing in this | ||||||
22 | subsection shall be
construed to limit an employer's right | ||||||
23 | to internally communicate with its
employees as provided in | ||||||
24 | subsection (c) of this Section, to be represented
on any | ||||||
25 | matter pertaining to unit determinations, unfair labor | ||||||
26 | practice
charges or pre-election conferences in any formal |
| |||||||
| |||||||
1 | or informal proceeding
before the Board, or to seek or | ||||||
2 | obtain advice from legal counsel.
Nothing in this paragraph | ||||||
3 | shall be construed to prohibit an employer from
expending | ||||||
4 | or causing the expenditure of public funds on, or seeking | ||||||
5 | or
obtaining services or advice from, any organization, | ||||||
6 | group, or association
established by and including public | ||||||
7 | or educational employers, whether
covered by this Act, the | ||||||
8 | Illinois Educational Labor Relations Act or the
public | ||||||
9 | employment labor relations law of any other state or the | ||||||
10 | federal
government, provided that such services or advice | ||||||
11 | are generally available
to the membership of the | ||||||
12 | organization, group or association, and are not
offered | ||||||
13 | solely in an attempt to influence the outcome of a | ||||||
14 | particular
representational election; or
| ||||||
15 | (7) to refuse to reduce a collective bargaining | ||||||
16 | agreement to writing
or to refuse to sign such agreement.
| ||||||
17 | (b) It shall be an unfair labor practice for a labor | ||||||
18 | organization or its agents:
| ||||||
19 | (1) to restrain or coerce public employees in the | ||||||
20 | exercise of the rights
guaranteed in this Act, provided, | ||||||
21 | (i) that this paragraph shall
not impair the right of a | ||||||
22 | labor organization to prescribe its own rules
with respect | ||||||
23 | to the acquisition or retention of membership therein or | ||||||
24 | the
determination of fair share payments and (ii) that a | ||||||
25 | labor organization
or its agents shall commit an unfair | ||||||
26 | labor practice under this paragraph in
duty of fair |
| |||||||
| |||||||
1 | representation cases only by intentional misconduct in
| ||||||
2 | representing the organization's members employees under | ||||||
3 | this Act;
| ||||||
4 | (2) to restrain or coerce a public employer in the | ||||||
5 | selection of his
representatives for the purposes of | ||||||
6 | collective bargaining or the settlement
of grievances; or
| ||||||
7 | (3) to cause, or attempt to cause, an employer to | ||||||
8 | discriminate against
an employee in violation of | ||||||
9 | subsection (a)(2);
| ||||||
10 | (4) to refuse to bargain collectively in good faith | ||||||
11 | with a public employer,
if it has been designated in | ||||||
12 | accordance with the provisions of this Act
as the exclusive | ||||||
13 | representative of a labor organization's members public | ||||||
14 | employees in an appropriate unit;
| ||||||
15 | (4.5) to represent or bargain on behalf of public | ||||||
16 | employees who are not members of the labor organization or | ||||||
17 | its agents and have chosen to bargain independently; | ||||||
18 | (5) to violate any of the rules and regulations | ||||||
19 | established by the
boards with jurisdiction over them | ||||||
20 | relating to the conduct of
representation elections or the | ||||||
21 | conduct affecting the representation elections;
| ||||||
22 | (6) to discriminate against any employee because he has | ||||||
23 | signed or filed
an affidavit, petition or charge or | ||||||
24 | provided any information or testimony
under this Act;
| ||||||
25 | (7) to picket or cause to be picketed, or threaten to | ||||||
26 | picket or cause
to be picketed, any public employer where |
| |||||||
| |||||||
1 | an object thereof is forcing or
requiring an employer to | ||||||
2 | recognize or bargain with a labor organization
of the | ||||||
3 | representative of its employees, or forcing or requiring | ||||||
4 | the employees
of an employer to accept or select such labor | ||||||
5 | organization as their collective
bargaining | ||||||
6 | representative, unless such labor organization is | ||||||
7 | currently
certified as the representative of such | ||||||
8 | employees:
| ||||||
9 | (A) where the employer has lawfully recognized in | ||||||
10 | accordance with this
Act any labor organization and a | ||||||
11 | question concerning representation may
not | ||||||
12 | appropriately be raised under Section 9 of this Act;
| ||||||
13 | (B) where within the preceding 12 months a valid | ||||||
14 | election under Section
9 of this Act has been | ||||||
15 | conducted; or
| ||||||
16 | (C) where such picketing has been conducted | ||||||
17 | without a petition under Section
9 being filed within a | ||||||
18 | reasonable period of time not to exceed 30 days from
| ||||||
19 | the commencement of such picketing; provided that when | ||||||
20 | such a petition has
been filed the Board shall | ||||||
21 | forthwith, without regard to the provisions of
| ||||||
22 | subsection (a) of Section 9 or the absence of a showing | ||||||
23 | of a substantial
interest on the part of the labor | ||||||
24 | organization, direct an election in such
unit as the | ||||||
25 | Board finds to be appropriate and shall certify the | ||||||
26 | results
thereof; provided further, that nothing in |
| |||||||
| |||||||
1 | this subparagraph shall be construed
to prohibit any | ||||||
2 | picketing or other publicity for the purpose of | ||||||
3 | truthfully
advising the public that an employer does | ||||||
4 | not employ members of, or have a
contract with, a labor | ||||||
5 | organization unless an effect of such picketing is
to | ||||||
6 | induce any individual employed by any other person in | ||||||
7 | the course of his
employment, not to pick up, deliver, | ||||||
8 | or transport any goods or not to
perform any services; | ||||||
9 | or
| ||||||
10 | (8) to refuse to reduce a collective bargaining | ||||||
11 | agreement to writing
or to refuse to sign such agreement.
| ||||||
12 | (c) The expressing of any views, argument, or opinion or | ||||||
13 | the
dissemination thereof, whether in written, printed, | ||||||
14 | graphic, or visual
form, shall not constitute or be evidence of | ||||||
15 | an unfair labor practice under
any of the provisions of this | ||||||
16 | Act, if such expression contains no threat of
reprisal or force | ||||||
17 | or promise of benefit.
| ||||||
18 | (Source: P.A. 86-412; 87-736 .)
| ||||||
19 | (5 ILCS 315/12) (from Ch. 48, par. 1612)
| ||||||
20 | Sec. 12. Mediation.
| ||||||
21 | (a) The State and Local Panels in joint session
shall | ||||||
22 | establish a Public Employees Mediation Roster, the services of | ||||||
23 | which
shall be available to public employers and to labor | ||||||
24 | organizations , or public employees who have chosen to bargain | ||||||
25 | independently, upon request
of the parties for the purposes of |
| |||||||
| |||||||
1 | mediation of grievances or contract
disputes. Upon the request | ||||||
2 | of either party, services of the Public Employees
Mediation | ||||||
3 | Roster shall be available for purposes of arbitrating disputes | ||||||
4 | over
interpretation or application of the terms of an agreement | ||||||
5 | pursuant to Section
8. The members of the Roster shall be | ||||||
6 | appointed by majority vote of the
members of both panels. | ||||||
7 | Members shall be impartial, competent,
and reputable citizens | ||||||
8 | of the United States, residents of the State of
Illinois, and | ||||||
9 | shall qualify by taking and subscribing to the constitutional
| ||||||
10 | oath or affirmation of office. The function of the mediator
| ||||||
11 | shall be to communicate with the employer and exclusive | ||||||
12 | representative or
their representatives , or the public | ||||||
13 | employee who has chosen to bargain independently, and to | ||||||
14 | endeavor to bring about an amicable and voluntary
settlement. | ||||||
15 | Compensation of Roster members for services performed as | ||||||
16 | mediators
shall be paid equally by the parties to a mediated | ||||||
17 | labor dispute. The Board
shall have authority but not the | ||||||
18 | obligation to promulgate regulations setting compensation | ||||||
19 | levels for
members of the Roster, and establishing procedures | ||||||
20 | for suspension or dismissal
of mediators for good cause shown | ||||||
21 | following hearing.
| ||||||
22 | (b) A mediator in a mediated labor dispute shall be | ||||||
23 | selected by the Board
from among the members of the Roster.
| ||||||
24 | (c) Nothing in this Act or any other law prohibits the use | ||||||
25 | of other
mediators selected by the parties for the resolution | ||||||
26 | of disputes over
interpretation or application of the terms or |
| |||||||
| |||||||
1 | conditions of the collective
bargaining agreements between a | ||||||
2 | public employer and a labor organization.
| ||||||
3 | (d) If requested by the parties to a labor dispute, a | ||||||
4 | mediator may perform
fact-finding as set forth in Section 13.
| ||||||
5 | (Source: P.A. 98-535, eff. 1-1-14.)
| ||||||
6 | (5 ILCS 315/13) (from Ch. 48, par. 1613)
| ||||||
7 | Sec. 13. Fact-finding. | ||||||
8 | (a) If, after a reasonable period of negotiation
over the | ||||||
9 | terms of the agreement, or upon expiration of an existing | ||||||
10 | collective
bargaining agreement and the parties have not been | ||||||
11 | able to mutually resolve
the dispute, the parties may, by | ||||||
12 | mutual consent initiate a fact-finding.
| ||||||
13 | (b) Within three days of such request the Board must submit | ||||||
14 | to the parties
a panel of 7 qualified, disinterested persons | ||||||
15 | from the Illinois Public
Employees Mediation Roster to serve as | ||||||
16 | a fact-finder. The parties to the
dispute shall designate one | ||||||
17 | of the 7 persons to serve as fact-finder. The
fact-finder must | ||||||
18 | act independently of the Board and may be the same person
who | ||||||
19 | participated in the mediation of the labor dispute if both | ||||||
20 | parties consent.
The person selected or appointed as | ||||||
21 | fact-finder shall immediately establish
the dates and place of | ||||||
22 | hearings. Upon request, the Board shall issue subpoenas
for | ||||||
23 | hearings conducted by the fact-finder. The fact-finder may | ||||||
24 | administer
oaths. The fact-finder shall initially determine | ||||||
25 | what issues are in dispute
and therefore properly before the |
| |||||||
| |||||||
1 | fact-finder. Upon completion of the hearings,
but no later than | ||||||
2 | 45 days from the date of appointment, the fact-finder
must make | ||||||
3 | written findings of facts and recommendations for resolution of | ||||||
4 | the
dispute, must serve findings on the public employer and the | ||||||
5 | labor organization
involved, and must publicize such findings | ||||||
6 | by mailing them to all newspapers
of general circulation in the | ||||||
7 | community. The fact-finder's
findings shall be advisory only | ||||||
8 | and shall not be binding upon the parties.
If the parties do | ||||||
9 | not accept the recommendations of the fact-finder as the
basis | ||||||
10 | for settlement, or if the fact-finder does not make written
| ||||||
11 | findings of facts and recommendations for the resolution of the | ||||||
12 | dispute and
serve and publicize such findings within 45 days of | ||||||
13 | the date of
appointment, the parties may resume negotiations.
| ||||||
14 | (c) The public employer and the labor organization which is | ||||||
15 | certified
as exclusive representative or which is recognized as | ||||||
16 | exclusive representative
in any particular bargaining unit by | ||||||
17 | the state or political subdivision , or public employees who | ||||||
18 | have chosen to bargain independently,
are the only proper | ||||||
19 | parties to the fact-finding proceedings.
| ||||||
20 | (Source: P.A. 84-1335 .)
|