Bill Text: IL HB2863 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that, for those units, descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-16 - Referred to Rules Committee [HB2863 Detail]

Download: Illinois-2023-HB2863-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2863 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/9 from Ch. 48, par. 1609
Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that, for those units, descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 9 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized, actual, and more than incidental access to
information relating to the effectuation or review of the

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employer's collective bargaining policies. Determinations of
confidential employee status shall be based on actual employee
job duties and not solely on written job descriptions. The
definition of "confidential employee" in this subsection (c)
applies to all public employees.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act; (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit; (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the

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labor organization has been designated as the exclusive
representative by a majority of the employees in an
appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to July 16, 2003 (the effective date of Public Act
93-204), and the organization shall be considered to be the
exclusive representative of the personal assistants as defined
in this Section; or (v) recognized as the exclusive
representative of child and day care home providers, including
licensed and license exempt providers, pursuant to an election
held under Executive Order 2005-1 prior to January 1, 2006
(the effective date of Public Act 94-320), and the
organization shall be considered to be the exclusive
representative of the child and day care home providers as
defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire
fighters in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive

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representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after
January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for
the workers of a water system that was owned by a public
utility, as defined in Section 3-105 of the Public Utilities
Act, prior to becoming certified employees of a municipality
or municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any
of the employees in a collective bargaining unit are required
to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive

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representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire
fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes, but is not limited to,
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative

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Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State
of Illinois for the purpose of influencing any legislative
action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions

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for a majority of his or her employment time and is charged
with the responsibility of, and devotes a majority of his or
her employment time to, directing the effectuation of
management policies and practices. Exercise of discretion or
acting on behalf of an office holder, agency head, or board or
commission by professional employees, including attorneys, as
part of the performance of their work as professional
employees, does not constitute evidence of executive and
management functions or of directing the effectuation of
management policies and practices. Determination of managerial
employee status shall be based on actual employee job duties
and not on written job descriptions. No employee shall be
determined to be a managerial employee as a matter of law.
Determination of managerial employee status shall be based on
actual employee job duties and not solely on written job
descriptions. With respect only to State employees in
positions under the jurisdiction of the Attorney General,
Secretary of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2, 2008,
(ii) for which a petition is filed with the Illinois Public
Labor Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition is
pending before the Illinois Public Labor Relations Board on
that date, "managerial employee" means an individual who is
engaged in executive and management functions or who is
charged with the effectuation of management policies and

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practices or who represents management interests by taking or
recommending discretionary actions that effectively control or
implement policy. Nothing in this definition prohibits an
individual from also meeting the definition of "supervisor"
under subsection (r) of this Section. The definition of
"managerial employee" in this subsection applies to all public
employees.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section
3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor

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organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of

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this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of July 16, 2003 (the effective date of Public Act 93-204),
but not before, personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act, (iii) as of January 1, 2006 (the effective
date of Public Act 94-320), but not before, child and day care
home providers participating in the child care assistance
program under Section 9A-11 of the Illinois Public Aid Code,
subject to the limitations set forth in this Act and in Section
9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
2013 (the effective date of Public Act 97-1158), but not
before except as otherwise provided in this subsection (n),
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,
(v) beginning on July 19, 2013 (the effective date of Public
Act 98-100) and notwithstanding any other provision of this
Act, any person employed by a public employer and who is
classified as or who holds the employment title of Chief

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Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before July 19, 2013 (the effective date
of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
effective date of Public Act 98-100) and notwithstanding any
other provision of this Act, any mental health administrator
in the Department of Corrections who is classified as or who
holds the position of Public Service Administrator (Option
8K), any employee of the Office of the Inspector General in the
Department of Human Services who is classified as or who holds
the position of Public Service Administrator (Option 7), any
Deputy of Intelligence in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 7), and any employee of the Illinois
State Police who handles issues concerning the Illinois State
Police Sex Offender Registry and who is classified as or holds
the position of Public Service Administrator (Option 7), but

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excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on July 23, 2010 (the
effective date of Public Act 96-1257); managerial employees;
short-term employees; legislative liaisons; a person who is a
State employee under the jurisdiction of the Office of the
Attorney General who is licensed to practice law or whose
position authorizes, either directly or indirectly, meaningful
input into government decision-making on issues where there is
room for principled disagreement on goals or their

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implementation; a person who is a State employee under the
jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code;
a person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of
State Merit Employment Code and who are in Rutan-exempt
positions on or after April 5, 2013 (the effective date of
Public Act 97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee

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of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971.

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Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in Public Act 94-320, including, but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of July 16, 2003
(the effective date of Public Act 93-204), but not before, the
State of Illinois shall be considered the employer of the
personal assistants working under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, subject to the limitations set forth in this
Act and in the Rehabilitation of Persons with Disabilities
Act. As of January 29, 2013 (the effective date of Public Act

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97-1158), but not before except as otherwise provided in this
subsection (o), the State shall be considered the employer of
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,
but subject to the limitations set forth in this Act and the
Rehabilitation of Persons with Disabilities Act. The State
shall not be considered to be the employer of home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or
Public Act 97-1158, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971. As
of January 1, 2006 (the effective date of Public Act 94-320),

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but not before, the State of Illinois shall be considered the
employer of the day and child care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code. The State shall not be considered to
be the employer of child and day care home providers for any
purposes not specifically provided for in Public Act 94-320,
including, but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Child and day care home providers shall
not be covered by the State Employees Group Insurance Act of
1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except

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with respect to a school district in the employment of peace
officers in its own police department in existence on July 23,
2010 (the effective date of Public Act 96-1257). County boards
and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection (o)
shall be construed to prevent the State Panel or the Local
Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public

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employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those

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actions without independent review by others, if the
exercise of that authority is not of a merely routine or
clerical nature, but requires the consistent use of
independent judgment on behalf of the employer. The
authority to assign is not an indication of supervisory
status. Except with respect to police employment, the term
"supervisor" includes only those individuals who devote a
majority preponderance of their employment time to the
actual exercise of exercising that authority, State
supervisors notwithstanding. Determinations of supervisor
status shall be based on actual employee job duties and
not solely on written job descriptions. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law
enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status. Subject to the following provisions of this
subsection (r), the definition of "supervisor" in this

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subsection applies to all public employees.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in fire fighter units,
employees shall consist of fire fighters of the highest
rank of company officer and below. A company officer may
be responsible for multiple companies or apparatus on a
shift, multiple stations, or an entire shift. There may be
more than one company officer per shift. If a company
officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be
included in the fire fighter unit. If there is no rank
between that of chief and the highest company officer, the
employer may designate a position on each shift as a Shift
Commander, and the persons occupying those positions shall
be supervisors. All other ranks above that of the highest
company officer shall be supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for

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which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, a bargaining unit determined by the Board shall
not include both employees and supervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July 1,
1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police, a
bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining

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unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees. A bargaining unit
recognized by the Board on or after the effective date of this
amendatory Act of the 103rd General Assembly shall not, except
as authorized in paragraph (4), include (i) both employees and
managerial employees or (ii) only managerial employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection. Changes to
bargaining units formed under this paragraph (2) shall be made
only in accordance with Section 9.
(3) Public employees who are court reporters, as defined

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in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(4) Notwithstanding the exclusion of managerial employees
from bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
managerial employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection (s). Changes to
bargaining units formed under this paragraph (4) shall be made
only in accordance with Section 9.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

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S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
(5 ILCS 315/9) (from Ch. 48, par. 1609)
Sec. 9. Elections; recognition.
(a) Whenever in accordance with such regulations as may be
prescribed by the Board a petition has been filed:
(1) by a public employee or group of public employees
or any labor organization acting in their behalf
demonstrating that 30% of the public employees in an
appropriate unit (A) wish to be represented for the
purposes of collective bargaining by a labor organization
as exclusive representative, or (B) asserting that the
labor organization which has been certified or is
currently recognized by the public employer as bargaining
representative is no longer the representative of the
majority of public employees in the unit; or
(2) by a public employer alleging that one or more
labor organizations have presented to it a claim that they
be recognized as the representative of a majority of the

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public employees in an appropriate unit, the Board shall
investigate such petition, and if it has reasonable cause
to believe that a question of representation exists, shall
provide for an appropriate hearing upon due notice. Such
hearing shall be held at the offices of the Board or such
other location as the Board deems appropriate. If it finds
upon the record of the hearing that a question of
representation exists, it shall direct an election in
accordance with subsection (d) of this Section, which
election shall be held not later than 120 days after the
date the petition was filed regardless of whether that
petition was filed before or after July 1, 1988 (the
effective date of Public Act 85-924); provided, however,
the Board may extend the time for holding an election by an
additional 60 days if, upon motion by a person who has
filed a petition under this Section or is the subject of a
petition filed under this Section and is a party to such
hearing, or upon the Board's own motion, the Board finds
that good cause has been shown for extending the election
date; provided further, that nothing in this Section shall
prohibit the Board, in its discretion, from extending the
time for holding an election for so long as may be
necessary under the circumstances, where the purpose for
such extension is to permit resolution by the Board of an
unfair labor practice charge filed by one of the parties
to a representational proceeding against the other based

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upon conduct which may either affect the existence of a
question concerning representation or have a tendency to
interfere with a fair and free election, where the party
filing the charge has not filed a request to proceed with
the election; and provided further that prior to the
expiration of the total time allotted for holding an
election, a person who has filed a petition under this
Section or is the subject of a petition filed under this
Section and is a party to such hearing or the Board, may
move for and obtain the entry of an order in the circuit
court of the county in which the majority of the public
employees sought to be represented by such person reside,
such order extending the date upon which the election
shall be held. Such order shall be issued by the circuit
court only upon a judicial finding that there has been a
sufficient showing that there is good cause to extend the
election date beyond such period and shall require the
Board to hold the election as soon as is feasible given the
totality of the circumstances. Such 120-day period may be
extended one or more times by the agreement of all parties
to the hearing to a date certain without the necessity of
obtaining a court order. The showing of interest in
support of a petition filed under paragraph (1) of this
subsection (a) may be evidenced by electronic
communications, and such writing or communication may be
evidenced by the electronic signature of the employee as

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provided under Section 5-120 of the Electronic Commerce
Security Act. The showing of interest shall be valid only
if signed within 12 months prior to the filing of the
petition. Nothing in this Section prohibits the waiving of
hearings by stipulation for the purpose of a consent
election in conformity with the rules and regulations of
the Board or an election in a unit agreed upon by the
parties. Other interested employee organizations may
intervene in the proceedings in the manner and within the
time period specified by rules and regulations of the
Board. Interested parties who are necessary to the
proceedings may also intervene in the proceedings in the
manner and within the time period specified by the rules
and regulations of the Board.
(a-5) The Board shall designate an exclusive
representative for purposes of collective bargaining when the
representative demonstrates a showing of majority interest by
employees in the unit. If the parties to a dispute are without
agreement on the means to ascertain the choice, if any, of
employee organization as their representative, the Board shall
ascertain the employees' choice of employee organization, on
the basis of dues deduction authorization or other evidence,
or, if necessary, by conducting an election. The showing of
interest in support of a petition filed under this subsection
(a-5) may be evidenced by electronic communications, and such
writing or communication may be evidenced by the electronic

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signature of the employee as provided under Section 5-120 of
the Electronic Commerce Security Act. The showing of interest
shall be valid only if signed within 12 months prior to the
filing of the petition. All evidence submitted by an employee
organization to the Board to ascertain an employee's choice of
an employee organization is confidential and shall not be
submitted to the employer for review. The Board shall
ascertain the employee's choice of employee organization
within 120 days after the filing of the majority interest
petition; however, the Board may extend time by an additional
60 days, upon its own motion or upon the motion of a party to
the proceeding. If either party provides to the Board, before
the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other
evidence upon which the Board would otherwise rely to
ascertain the employees' choice of representative, are
fraudulent or were obtained through coercion, the Board shall
promptly thereafter conduct an election. The Board shall also
investigate and consider a party's allegations that the dues
deduction authorizations and other evidence submitted in
support of a designation of representative without an election
were subsequently changed, altered, withdrawn, or withheld as
a result of employer fraud, coercion, or any other unfair
labor practice by the employer. If the Board determines that a
labor organization would have had a majority interest but for
an employer's fraud, coercion, or unfair labor practice, it

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shall designate the labor organization as an exclusive
representative without conducting an election. If a hearing is
necessary to resolve any issues of representation under this
Section, the Board shall conclude its hearing process and
issue a certification of the entire appropriate unit not later
than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
(a-6) A labor organization or an employer may file a unit
clarification petition seeking to clarify an existing
bargaining unit. Unit clarification petitions may be filed if:
(1) substantial changes occur in the duties and functions of
an existing job title, raising an issue as to the title's unit
placement; (2) an existing job title that is logically
encompassed within the existing unit was inadvertently
excluded by the parties at the time the unit was established;
(3) a newly created job title is logically encompassed within
an existing unit; (4) a significant change takes place in
statutory or case law that affects the bargaining rights of
employees; (5) a determination needs to be made as to the unit
placement of positions in dispute following a majority
interest certification of representative issued under
subsection (a-5); (6) a determination needs to be made as to
the unit placement of positions in dispute following a
certification of representative issued following a direction
of election under subsection (d); (7) the parties have agreed

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to eliminate a position or title because the employer no
longer uses it; (8) the parties have agreed to exclude some of
the positions in a title or classification from a bargaining
unit and include others; or (9) as prescribed in rules set by
the Board. The Board shall conclude its investigation,
including any hearing process deemed necessary, and issue a
certification of clarified unit or dismiss the petition not
later than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
(b) The Board shall decide in each case, in order to assure
public employees the fullest freedom in exercising the rights
guaranteed by this Act, a unit appropriate for the purpose of
collective bargaining, based upon but not limited to such
factors as: historical pattern of recognition; community of
interest including employee skills and functions; degree of
functional integration; interchangeability and contact among
employees; fragmentation of employee groups; common
supervision, wages, hours and other working conditions of the
employees involved; and the desires of the employees. For
purposes of this subsection, fragmentation shall not be the
sole or predominant factor used by the Board in determining an
appropriate bargaining unit. Except with respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining

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unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on the effective date of this Act. With respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on January 1, 1986 (the effective date of Public Act 84-1104).
In cases involving an historical pattern of recognition,
and in cases where the employer has recognized the union as the
sole and exclusive bargaining agent for a specified existing
unit, the Board shall find the employees in the unit then
represented by the union pursuant to the recognition to be the
appropriate unit.
Notwithstanding the above factors, where the majority of
public employees of a craft so decide, the Board shall
designate such craft as a unit appropriate for the purposes of
collective bargaining.
Notwithstanding any rule or provision of law to the
contrary, no public employee position shall be excluded from a
bargaining unit prior to that position being filled.
The Board shall not decide that any unit is appropriate if
such unit includes both professional and nonprofessional
employees, unless a majority of each group votes for inclusion
in such unit.

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In describing the unit found appropriate for purposes of
collective bargaining, the Board shall, at a party's request,
describe the unit in terms of job functions rather than by job
titles. Unit descriptions may also include those currently
existing job titles that perform the job functions. A
bargaining unit shall also include positions later filled that
perform the job functions of a unit and job titles later
created that: (i) are successor job titles to the currently
existing job titles; (ii) perform the same or substantially
similar job functions as the currently existing job titles; or
(iii) are logically encompassed within an existing unit. The
provisions of this paragraph shall apply to bargaining units
in existence on the effective date of this amendatory Act of
the 103rd General Assembly.
(c) Nothing in this Act shall interfere with or negate the
current representation rights or patterns and practices of
labor organizations which have historically represented public
employees for the purpose of collective bargaining, including
but not limited to the negotiations of wages, hours and
working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment
and maintenance of prevailing wage rates, unless a majority of
employees so represented express a contrary desire pursuant to
the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily
recognize a labor organization as the exclusive bargaining

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representative for a unit of employees, the Board shall
determine the majority representative of the public employees
in an appropriate collective bargaining unit by conducting a
secret ballot election, except as otherwise provided in
subsection (a-5). Such a secret ballot election may be
conducted electronically, using an electronic voting system,
in addition to paper ballot voting systems. Within 7 days
after the Board issues its bargaining unit determination and
direction of election or the execution of a stipulation for
the purpose of a consent election, the public employer shall
submit to the labor organization the complete names and
addresses of those employees who are determined by the Board
to be eligible to participate in the election. When the Board
has determined that a labor organization has been fairly and
freely chosen by a majority of employees in an appropriate
unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of
employees in an appropriate unit has fairly and freely chosen
not to be represented by a labor organization, it shall so
certify. The Board may also revoke the certification of the
public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot
election to be no longer the majority representative.
(e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a
valid election has been held in the preceding 12-month period.

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The Board shall determine who is eligible to vote in an
election and shall establish rules governing the conduct of
the election or conduct affecting the results of the election.
The Board shall include on a ballot in a representation
election a choice of "no representation". A labor organization
currently representing the bargaining unit of employees shall
be placed on the ballot in any representation election. In any
election where none of the choices on the ballot receives a
majority, a runoff election shall be conducted between the 2
choices receiving the largest number of valid votes cast in
the election. A labor organization which receives a majority
of the votes cast in an election shall be certified by the
Board as exclusive representative of all public employees in
the unit.
(f) A labor organization shall be designated as the
exclusive representative by a public employer, provided that
the labor organization represents a majority of the public
employees in an appropriate unit. Any employee organization
which is designated or selected by the majority of public
employees, in a unit of the public employer having no other
recognized or certified representative, as their
representative for purposes of collective bargaining may
request recognition by the public employer in writing. The
public employer shall post such request for a period of at
least 20 days following its receipt thereof on bulletin boards
or other places used or reserved for employee notices.

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(g) Within the 20-day period any other interested employee
organization may petition the Board in the manner specified by
rules and regulations of the Board, provided that such
interested employee organization has been designated by at
least 10% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit
recognized by the employer. In such event, the Board shall
proceed with the petition in the same manner as provided by
paragraph (1) of subsection (a) of this Section.
(h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an
election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further
refine, by rule or decision, the implementation of this
provision. Where more than 4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the end
of the fifth year of such an agreement, and between 90 and 60
days prior to the end of each successive year of such
agreement.
(i) An order of the Board dismissing a representation
petition, determining and certifying that a labor organization
has been fairly and freely chosen by a majority of employees in
an appropriate bargaining unit, determining and certifying

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that a labor organization has not been fairly and freely
chosen by a majority of employees in the bargaining unit or
certifying a labor organization as the exclusive
representative of employees in an appropriate bargaining unit
because of a determination by the Board that the labor
organization is the historical bargaining representative of
employees in the bargaining unit, is a final order. Any person
aggrieved by any such order issued on or after July 1, 1988
(the effective date of Public Act 85-924) may apply for and
obtain judicial review in accordance with provisions of the
Administrative Review Law, as now or hereafter amended, except
that such review shall be afforded directly in the Appellate
Court for the district in which the aggrieved party resides or
transacts business. Any direct appeal to the Appellate Court
shall be filed within 35 days from the date that a copy of the
decision sought to be reviewed was served upon the party
affected by the decision.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)