Bill Text: IL HB2973 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Defines "public sector attorney" as any of the following attorneys who are not managerial employees: Assistant State's Attorneys, Assistant Public Defenders, Assistant Appellate Defenders, Assistant Appellate Prosecutors, and attorneys in the office of the Cook County Public Guardian. Provides that public sector attorneys may not strike. Provides that, if there is an impasse between a unit of public sector attorneys and a public employer, the parties shall submit the dispute to interest arbitration. Effective December 1, 2026.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB2973 Detail]

Download: Illinois-2025-HB2973-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2973 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/17 from Ch. 48, par. 1617
Amends the Illinois Public Labor Relations Act. Defines "public sector attorney" as any of the following attorneys who are not managerial employees: Assistant State's Attorneys, Assistant Public Defenders, Assistant Appellate Defenders, Assistant Appellate Prosecutors, and attorneys in the office of the Cook County Public Guardian. Provides that public sector attorneys may not strike. Provides that, if there is an impasse between a unit of public sector attorneys and a public employer, the parties shall submit the dispute to interest arbitration. Effective December 1, 2026.
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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 17 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 access to information relating to the effectuation
or review of the employer's collective bargaining policies.

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Determinations of confidential employee status shall be based
on actual employee job duties and not solely on written job
descriptions.
(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
labor organization has been designated as the exclusive
representative by a majority of the employees in an

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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
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after

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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
representative shall not include any fees for contributions
related to the election or support of any candidate for

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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
Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of

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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
and is charged with the responsibility of directing the
effectuation of management policies and practices.

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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
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.
(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

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3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
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

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acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of 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),

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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
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

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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
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school

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districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on 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
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

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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
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

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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.
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,

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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
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

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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),
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

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Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on 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

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Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(o-10) "Public sector attorneys" means any of the
following attorneys who are not managerial employees, as
defined in subsection (j) of Section 3: Assistant State's
Attorneys, Assistant Public Defenders, Assistant Appellate
Defenders, Assistant Appellate Prosecutors, and attorneys in
the office of the Cook County Public Guardian.
(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

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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
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Determinations of
supervisor status shall be based on actual employee job
duties and not solely on written job descriptions. Nothing

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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.
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

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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
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

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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
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from

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bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

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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; 103-154, eff.
6-30-23.)
(5 ILCS 315/17) (from Ch. 48, par. 1617)
Sec. 17. Right to strike.
(a) Nothing in this Act shall make it unlawful or make it
an unfair labor practice for public employees, other than
security employees, as defined in subsection (p) of Section
3(p), peace officers, fire fighters, and paramedics employed
by fire departments and fire protection districts, and public
sector attorneys, as defined in subsection (o-10) of Section
3, to strike except as otherwise provided in this Act. Public
employees who are permitted to strike may strike only if:
(1) the employees are represented by an exclusive
bargaining representative;
(2) the collective bargaining agreement between the
public employer and the public employees, if any, has
expired, or such collective bargaining agreement does not
prohibit the strike;
(3) the public employer and the labor organization
have not mutually agreed to submit the disputed issues to

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final and binding arbitration;
(4) the exclusive representative has requested a
mediator pursuant to Section 12 for the purpose of
mediation or conciliation of a dispute between the public
employer and the exclusive representative and mediation
has been used; and
(5) at least 5 days have elapsed after a notice of
intent to strike has been given by the exclusive
bargaining representative to the public employer.
In mediation under this Section, if either party requests
the use of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation services
from another source.
(b) An employee who participates in a strike, work
stoppage or slowdown, in violation of this Act shall be
subject to discipline by the employer. No employer may pay or
cause such employee to be paid any wages or other compensation
for such periods of participation, except for wages or
compensation earned before participation in such strike.
(c) Public sector attorneys, as defined in subsection
(o-10) of Section 3, may not engage in a strike. If there is an
impasse between a unit of public sector attorneys and a public
employer, the parties shall submit the dispute to interest
arbitration.
(Source: P.A. 86-412.)

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Section 99. Effective date. This Act takes effect December
1, 2026.