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Rep. Justin Slaughter
Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3114
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3114 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Public Labor Relations Act is |
| 5 | | amended by changing Section 3 as follows: |
| 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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| 7 | | Sec. 3. Definitions. As used in this Act, unless the |
| 8 | | context
otherwise requires:
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| 9 | | (a) "Board" means the Illinois
Labor Relations Board or, |
| 10 | | with respect to a matter over which the
jurisdiction of the |
| 11 | | Board is assigned to the State Panel or the Local Panel
under |
| 12 | | Section 5, the panel having jurisdiction over the matter.
|
| 13 | | (b) "Collective bargaining" means bargaining over terms |
| 14 | | and conditions
of employment, including hours, wages, and |
| 15 | | other conditions of employment,
as detailed in Section 7 and |
| 16 | | which are not excluded by Section 4.
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| 1 | | (c) "Confidential employee" means an employee who, in the |
| 2 | | regular course
of his or her duties, assists and acts in a |
| 3 | | confidential capacity to persons
who formulate, determine, and |
| 4 | | effectuate management policies with regard
to labor relations |
| 5 | | or who, in the regular course of his or her duties, has
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| 6 | | authorized access to information relating to the effectuation
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| 7 | | or review of the employer's collective bargaining policies.
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| 8 | | Determinations of confidential employee status shall be based |
| 9 | | on actual employee job duties and not solely on written job |
| 10 | | descriptions.
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| 11 | | (d) "Craft employees" means skilled journeymen, crafts |
| 12 | | persons, and their
apprentices and helpers.
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| 13 | | (e) "Essential services employees" means those public |
| 14 | | employees
performing functions so essential that the |
| 15 | | interruption or termination of
the function will constitute a |
| 16 | | clear and present danger to the health and
safety of the |
| 17 | | persons in the affected community.
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| 18 | | (f) "Exclusive representative", except with respect to |
| 19 | | non-State fire
fighters and paramedics employed by fire |
| 20 | | departments and fire protection
districts, non-State peace |
| 21 | | officers, and peace officers in the
Illinois State Police, |
| 22 | | means the labor organization that has
been (i) designated by |
| 23 | | the Board as the representative of a majority of public
|
| 24 | | employees in an appropriate bargaining unit in accordance with |
| 25 | | the procedures
contained in this Act; (ii) historically
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| 26 | | recognized by the State of Illinois or
any political |
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| 1 | | subdivision of the State before July 1, 1984
(the effective |
| 2 | | date of this
Act) as the exclusive representative of the |
| 3 | | employees in an appropriate
bargaining unit; (iii) after July |
| 4 | | 1, 1984 (the
effective date of this Act) recognized by an
|
| 5 | | employer upon evidence, acceptable to the Board, that the |
| 6 | | labor
organization has been designated as the exclusive |
| 7 | | representative by a
majority of the employees in an |
| 8 | | appropriate bargaining unit;
(iv) recognized as the exclusive |
| 9 | | representative of personal
assistants under Executive Order |
| 10 | | 2003-8 prior to July 16, 2003 (the effective date of Public Act |
| 11 | | 93-204), and the organization shall be considered to
be the
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| 12 | | exclusive representative of the personal assistants
as defined
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| 13 | | in this Section; or (v) recognized as the exclusive |
| 14 | | representative of child and day care home providers, including |
| 15 | | licensed and license exempt providers, pursuant to an election |
| 16 | | held under Executive Order 2005-1 prior to January 1, 2006 |
| 17 | | (the effective date of Public Act 94-320), and the |
| 18 | | organization shall be considered to be the exclusive |
| 19 | | representative of the child and day care home providers as |
| 20 | | defined in this Section.
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| 21 | | With respect to non-State fire fighters and paramedics |
| 22 | | employed by fire
departments and fire protection districts, |
| 23 | | non-State peace officers, and
peace officers in the Illinois |
| 24 | | State Police,
"exclusive representative" means the labor |
| 25 | | organization that has
been (i) designated by the Board as the |
| 26 | | representative of a majority of peace
officers or fire |
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| 1 | | fighters in an appropriate bargaining unit in accordance
with |
| 2 | | the procedures contained in this Act, (ii)
historically |
| 3 | | recognized
by the State of Illinois or any political |
| 4 | | subdivision of the State before
January 1, 1986 (the effective |
| 5 | | date of this amendatory Act of 1985) as the exclusive
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| 6 | | representative by a majority of the peace officers or fire |
| 7 | | fighters in an
appropriate bargaining unit, or (iii) after |
| 8 | | January 1,
1986 (the effective date of this amendatory
Act of |
| 9 | | 1985) recognized by an employer upon evidence, acceptable to |
| 10 | | the
Board, that the labor organization has been designated as |
| 11 | | the exclusive
representative by a majority of the peace |
| 12 | | officers or fire fighters in an
appropriate bargaining unit.
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| 13 | | Where a historical pattern of representation exists for |
| 14 | | the workers of a water system that was owned by a public |
| 15 | | utility, as defined in Section 3-105 of the Public Utilities |
| 16 | | Act, prior to becoming certified employees of a municipality |
| 17 | | or municipalities once the municipality or municipalities have |
| 18 | | acquired the water system as authorized in Section 11-124-5 of |
| 19 | | the Illinois Municipal Code, the Board shall find the labor |
| 20 | | organization that has historically represented the workers to |
| 21 | | be the exclusive representative under this Act, and shall find |
| 22 | | the unit represented by the exclusive representative to be the |
| 23 | | appropriate unit. |
| 24 | | (g) "Fair share agreement" means an agreement between the |
| 25 | | employer and
an employee organization under which all or any |
| 26 | | of the employees in a
collective bargaining unit are required |
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| 1 | | to pay their proportionate share of
the costs of the |
| 2 | | collective bargaining process, contract administration, and
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| 3 | | pursuing matters affecting wages, hours, and other conditions |
| 4 | | of employment,
but not to exceed the amount of dues uniformly |
| 5 | | required of members. The
amount certified by the exclusive |
| 6 | | representative shall not include any fees
for contributions |
| 7 | | related to the election or support of any candidate for
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| 8 | | political office. Nothing in this subsection (g) shall
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| 9 | | preclude an employee from making
voluntary political |
| 10 | | contributions in conjunction with his or her fair share
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| 11 | | payment.
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| 12 | | (g-1) "Fire fighter" means, for the purposes of this Act |
| 13 | | only, any
person who has been or is hereafter appointed to a |
| 14 | | fire department or fire
protection district or employed by a |
| 15 | | state university and sworn or
commissioned to perform fire |
| 16 | | fighter duties or paramedic duties, including paramedics |
| 17 | | employed by a unit of local government, except that the
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| 18 | | following persons are not included: part-time fire fighters,
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| 19 | | auxiliary, reserve or voluntary fire fighters, including paid |
| 20 | | on-call fire
fighters, clerks and dispatchers or other |
| 21 | | civilian employees of a fire
department or fire protection |
| 22 | | district who are not routinely expected to
perform fire |
| 23 | | fighter duties, or elected officials.
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| 24 | | (g-2) "General Assembly of the State of Illinois" means |
| 25 | | the
legislative branch of the government of the State of |
| 26 | | Illinois, as provided
for under Article IV of the Constitution |
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| 1 | | of the State of Illinois, and
includes, but is not limited to, |
| 2 | | the House of Representatives, the Senate,
the Speaker of the |
| 3 | | House of Representatives, the Minority Leader of the
House of |
| 4 | | Representatives, the President of the Senate, the Minority |
| 5 | | Leader
of the Senate, the Joint Committee on Legislative |
| 6 | | Support Services, and any
legislative support services agency |
| 7 | | listed in the Legislative Commission
Reorganization Act of |
| 8 | | 1984.
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| 9 | | (h) "Governing body" means, in the case of the State, the |
| 10 | | State Panel of
the Illinois Labor Relations Board, the |
| 11 | | Director of the Department of Central
Management Services, and |
| 12 | | the Director of the Department of Labor; the county
board in |
| 13 | | the case of a county; the corporate authorities in the case of |
| 14 | | a
municipality; and the appropriate body authorized to provide |
| 15 | | for expenditures
of its funds in the case of any other unit of |
| 16 | | government.
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| 17 | | (i) "Labor organization" means any organization in which |
| 18 | | public employees
participate and that exists for the purpose, |
| 19 | | in whole or in part, of dealing
with a public employer |
| 20 | | concerning wages, hours, and other terms and conditions
of |
| 21 | | employment, including the settlement of grievances.
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| 22 | | (i-5) "Legislative liaison" means a person who is an |
| 23 | | employee of a State agency, the Attorney General, the |
| 24 | | Secretary of State, the Comptroller, or the Treasurer, as the |
| 25 | | case may be, and whose job duties require the person to |
| 26 | | regularly communicate in the course of his or her employment |
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| 1 | | with any official or staff of the General Assembly of the State |
| 2 | | of Illinois for the purpose of influencing any legislative |
| 3 | | action. |
| 4 | | (j) "Managerial employee" means an individual who is |
| 5 | | engaged
predominantly in executive and management functions |
| 6 | | and is charged with the
responsibility of directing the |
| 7 | | effectuation of management policies
and practices. |
| 8 | | Determination of managerial employee status shall be based on |
| 9 | | actual employee job duties and not solely on written job |
| 10 | | descriptions. With respect only to State employees in |
| 11 | | positions under the jurisdiction of the Attorney General, |
| 12 | | Secretary of State, Comptroller, or Treasurer (i) that were |
| 13 | | certified in a bargaining unit on or after December 2, 2008, |
| 14 | | (ii) for which a petition is filed with the Illinois Public |
| 15 | | Labor Relations Board on or after April 5, 2013 (the effective |
| 16 | | date of Public Act 97-1172), or (iii) for which a petition is |
| 17 | | pending before the Illinois Public Labor Relations Board on |
| 18 | | that date, "managerial employee" means an individual who is |
| 19 | | engaged in executive and management functions or who is |
| 20 | | charged with the effectuation of management policies and |
| 21 | | practices or who represents management interests by taking or |
| 22 | | recommending discretionary actions that effectively control or |
| 23 | | implement policy. Nothing in this definition prohibits an |
| 24 | | individual from also meeting the definition of "supervisor" |
| 25 | | under subsection (r) of this Section.
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| 26 | | (k) "Peace officer" means, for the purposes of this Act |
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| 1 | | only, any
persons who have been or are hereafter appointed to a |
| 2 | | police force,
department, or agency and sworn or commissioned |
| 3 | | to perform police duties,
except that the following persons |
| 4 | | are not
included: part-time police
officers, special police |
| 5 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
| 6 | | the Illinois Municipal Code, night watchmen, "merchant |
| 7 | | police",
court security officers as defined by Section |
| 8 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic |
| 9 | | guards or wardens, civilian parking meter and
parking |
| 10 | | facilities personnel or other individuals specially appointed |
| 11 | | to
aid or direct traffic at or near schools or public functions |
| 12 | | or to aid in
civil defense or disaster, parking enforcement |
| 13 | | employees who are not
commissioned as peace officers and who |
| 14 | | are not armed and who are not
routinely expected to effect |
| 15 | | arrests, parking lot attendants, clerks and
dispatchers or |
| 16 | | other civilian employees of a police department who are not
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| 17 | | routinely expected to effect arrests, or elected officials.
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| 18 | | (l) "Person" includes one or more individuals, labor |
| 19 | | organizations, public
employees, associations, corporations, |
| 20 | | legal representatives, trustees,
trustees in bankruptcy, |
| 21 | | receivers, or the State of Illinois or any political
|
| 22 | | subdivision of the State or governing body, but does not |
| 23 | | include the General
Assembly of the State of Illinois or any |
| 24 | | individual employed by the General
Assembly of the State of |
| 25 | | Illinois.
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| 26 | | (m) "Professional employee" means any employee engaged in |
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| 1 | | work predominantly
intellectual and varied in character rather |
| 2 | | than routine mental, manual,
mechanical or physical work; |
| 3 | | involving the consistent exercise of discretion
and adjustment |
| 4 | | in its performance; of such a character that the output |
| 5 | | produced
or the result accomplished cannot be standardized in |
| 6 | | relation to a given
period of time; and requiring advanced |
| 7 | | knowledge in a field of science or
learning customarily |
| 8 | | acquired by a prolonged course of specialized intellectual
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| 9 | | instruction and study in an institution of higher learning or |
| 10 | | a hospital,
as distinguished from a general academic education |
| 11 | | or from apprenticeship
or from training in the performance of |
| 12 | | routine mental, manual, or physical
processes; or any employee |
| 13 | | who has completed the courses of specialized
intellectual |
| 14 | | instruction and study prescribed in this subsection (m) and is
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| 15 | | performing related
work under the supervision of a |
| 16 | | professional person to qualify to become
a professional |
| 17 | | employee as defined in this subsection (m).
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| 18 | | (n) "Public employee" or "employee", for the purposes of |
| 19 | | this Act, means
any individual employed by a public employer, |
| 20 | | including (i) interns and residents
at public hospitals, (ii) |
| 21 | | as of July 16, 2003 (the effective date of Public Act 93-204), |
| 22 | | but not
before, personal assistants working under the Home
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| 23 | | Services
Program under Section 3 of the Rehabilitation of |
| 24 | | Persons with Disabilities Act, subject to
the
limitations set |
| 25 | | forth in this Act and in the Rehabilitation of Persons with |
| 26 | | Disabilities
Act,
(iii) as of January 1, 2006 (the effective |
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| 1 | | date of Public Act 94-320), but not before, child and day care |
| 2 | | home providers participating in the child care assistance |
| 3 | | program under Section 9A-11 of the Illinois Public Aid Code, |
| 4 | | subject to the limitations set forth in this Act and in Section |
| 5 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, |
| 6 | | 2013 (the effective date of Public Act 97-1158), but not |
| 7 | | before except as otherwise provided in this subsection (n), |
| 8 | | home care and home health workers who function as personal |
| 9 | | assistants and individual maintenance home health workers and |
| 10 | | who also work under the Home Services Program under Section 3 |
| 11 | | of the Rehabilitation of Persons with Disabilities Act, no |
| 12 | | matter whether the State provides those services through |
| 13 | | direct fee-for-service arrangements, with the assistance of a |
| 14 | | managed care organization or other intermediary, or otherwise, |
| 15 | | (v) beginning on July 19, 2013 (the effective date of Public |
| 16 | | Act 98-100) and notwithstanding any other provision of this |
| 17 | | Act, any person employed by a public employer and who is |
| 18 | | classified as or who holds the employment title of Chief |
| 19 | | Stationary Engineer, Assistant Chief Stationary Engineer, |
| 20 | | Sewage Plant Operator, Water Plant Operator, Stationary |
| 21 | | Engineer, Plant Operating Engineer, and any other employee who |
| 22 | | holds the position of: Civil Engineer V, Civil Engineer VI, |
| 23 | | Civil Engineer VII, Technical Manager I, Technical Manager II, |
| 24 | | Technical Manager III, Technical Manager IV, Technical Manager |
| 25 | | V, Technical Manager VI, Realty Specialist III, Realty |
| 26 | | Specialist IV, Realty Specialist V, Technical Advisor I, |
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| 1 | | Technical Advisor II, Technical Advisor III, Technical Advisor |
| 2 | | IV, or Technical Advisor V employed by the Department of |
| 3 | | Transportation who is in a position which is certified in a |
| 4 | | bargaining unit on or before July 19, 2013 (the effective date |
| 5 | | of Public Act 98-100), and (vi) beginning on July 19, 2013 (the |
| 6 | | effective date of Public Act 98-100) and notwithstanding any |
| 7 | | other provision of this Act, any mental health administrator |
| 8 | | in the Department of Corrections who is classified as or who |
| 9 | | holds the position of Public Service Administrator (Option |
| 10 | | 8K), any employee of the Office of the Inspector General in the |
| 11 | | Department of Human Services who is classified as or who holds |
| 12 | | the position of Public Service Administrator (Option 7), any |
| 13 | | Deputy of Intelligence in the Department of Corrections who is |
| 14 | | classified as or who holds the position of Public Service |
| 15 | | Administrator (Option 7), and any employee of the Illinois |
| 16 | | State Police who handles issues concerning the Illinois State |
| 17 | | Police Sex Offender Registry and who is classified as or holds |
| 18 | | the position of Public Service Administrator (Option 7), but |
| 19 | | excluding all of the following: employees of the
General |
| 20 | | Assembly of the State of Illinois; elected officials; |
| 21 | | executive
heads of a department; members of boards or |
| 22 | | commissions; the Executive
Inspectors General; any special |
| 23 | | Executive Inspectors General; employees of each
Office of an |
| 24 | | Executive Inspector General;
commissioners and employees of |
| 25 | | the Executive Ethics Commission; the Auditor
General's |
| 26 | | Inspector General; employees of the Office of the Auditor |
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| 1 | | General's
Inspector General; the Legislative Inspector |
| 2 | | General; any special Legislative
Inspectors General; employees |
| 3 | | of the Office
of the Legislative Inspector General;
|
| 4 | | commissioners and employees of the Legislative Ethics |
| 5 | | Commission;
employees
of any
agency, board or commission |
| 6 | | created by this Act; employees appointed to
State positions of |
| 7 | | a temporary or emergency nature; all employees of school
|
| 8 | | districts and higher education institutions except |
| 9 | | firefighters and peace
officers employed
by a state university |
| 10 | | and except peace officers employed by a school district in its |
| 11 | | own police department in existence on July 23, 2010 (the |
| 12 | | effective date of Public Act 96-1257); managerial employees; |
| 13 | | short-term employees; legislative liaisons; a person who is a |
| 14 | | State employee under the jurisdiction of the Office of the |
| 15 | | Attorney General who is licensed to practice law or whose |
| 16 | | position authorizes, either directly or indirectly, meaningful |
| 17 | | input into government decision-making on issues where there is |
| 18 | | room for principled disagreement on goals or their |
| 19 | | implementation; a person who is a State employee under the |
| 20 | | jurisdiction of the Office of the Comptroller who holds the |
| 21 | | position of Public Service Administrator or whose position is |
| 22 | | otherwise exempt under the Comptroller Merit Employment Code; |
| 23 | | a person who is a State employee under the jurisdiction of the |
| 24 | | Secretary of State who holds the position classification of |
| 25 | | Executive I or higher, whose position authorizes, either |
| 26 | | directly or indirectly, meaningful input into government |
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| 1 | | decision-making on issues where there is room for principled |
| 2 | | disagreement on goals or their implementation, or who is |
| 3 | | otherwise exempt under the Secretary of State Merit Employment |
| 4 | | Code; employees in the Office of the Secretary of State who are |
| 5 | | completely exempt from jurisdiction B of the Secretary of |
| 6 | | State Merit Employment Code and who are in Rutan-exempt |
| 7 | | positions on or after April 5, 2013 (the effective date of |
| 8 | | Public Act 97-1172); a person who is a State employee under the |
| 9 | | jurisdiction of the Treasurer who holds a position that is |
| 10 | | exempt from the State Treasurer Employment Code; any employee |
| 11 | | of a State agency who (i) holds the title or position of, or |
| 12 | | exercises substantially similar duties as a legislative |
| 13 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
| 14 | | Executive Director, Agency Deputy Director, Agency Chief |
| 15 | | Fiscal Officer, Agency Human Resources Director, Public |
| 16 | | Information Officer, or Chief Information Officer and (ii) was |
| 17 | | neither included in a bargaining unit nor subject to an active |
| 18 | | petition for certification in a bargaining unit; any employee |
| 19 | | of a State agency who (i) is in a position that is |
| 20 | | Rutan-exempt, as designated by the employer, and completely |
| 21 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
| 22 | | neither included in a bargaining unit nor subject to an active |
| 23 | | petition for certification in a bargaining unit; any term |
| 24 | | appointed employee of a State agency pursuant to Section 8b.18 |
| 25 | | or 8b.19 of the Personnel Code who was neither included in a |
| 26 | | bargaining unit nor subject to an active petition for |
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| 1 | | certification in a bargaining unit; any employment position |
| 2 | | properly designated pursuant to Section 6.1 of this Act;
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| 3 | | confidential employees; independent contractors; and |
| 4 | | supervisors except as
provided in this Act.
|
| 5 | | Home care
and home health workers who function as personal |
| 6 | | assistants and individual maintenance home health workers and |
| 7 | | who also work under the Home Services Program under Section 3 |
| 8 | | of the Rehabilitation of Persons with Disabilities Act shall |
| 9 | | not be considered
public
employees for any purposes not |
| 10 | | specifically provided for in Public Act 93-204 or Public Act |
| 11 | | 97-1158, including, but not limited to, purposes of vicarious
|
| 12 | | liability in tort
and purposes of statutory retirement or |
| 13 | | health insurance benefits. Home care and home health workers |
| 14 | | who function as personal assistants and individual maintenance |
| 15 | | home health workers and who also work under the Home Services |
| 16 | | Program under Section 3 of the Rehabilitation of Persons with |
| 17 | | Disabilities Act shall not be covered by the State Employees
|
| 18 | | Group
Insurance Act of 1971.
|
| 19 | | Child and day care home providers shall not be considered |
| 20 | | public employees for any purposes not specifically provided |
| 21 | | for in Public Act 94-320, including, but not limited to, |
| 22 | | purposes of vicarious liability in tort and purposes of |
| 23 | | statutory retirement or health insurance benefits. Child and |
| 24 | | day care home providers shall not be covered by the State |
| 25 | | Employees Group Insurance Act of 1971. |
| 26 | | Notwithstanding Section 9, subsection (c), or any other |
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| 1 | | provisions of
this Act, all peace officers above the rank of |
| 2 | | captain in
municipalities with more than 1,000,000 inhabitants |
| 3 | | shall be excluded
from this Act.
|
| 4 | | (o) Except as otherwise in subsection (o-5), "public |
| 5 | | employer" or "employer" means the State of Illinois; any
|
| 6 | | political subdivision of the State, unit of local government |
| 7 | | or school
district; authorities including departments, |
| 8 | | divisions, bureaus, boards,
commissions, or other agencies of |
| 9 | | the foregoing entities; and any person
acting within the scope |
| 10 | | of his or her authority, express or implied, on
behalf of those |
| 11 | | entities in dealing with its employees.
As of July 16, 2003 |
| 12 | | (the effective date of Public Act 93-204),
but not
before, the |
| 13 | | State of Illinois shall be considered the employer of the |
| 14 | | personal assistants working under the Home Services Program
|
| 15 | | under
Section 3 of the Rehabilitation of Persons with |
| 16 | | Disabilities Act, subject to the
limitations set forth
in this |
| 17 | | Act and in the Rehabilitation of Persons with Disabilities |
| 18 | | Act. As of January 29, 2013 (the effective date of Public Act |
| 19 | | 97-1158), but not before except as otherwise provided in this |
| 20 | | subsection (o), the State shall be considered the employer of |
| 21 | | home care and home health workers who function as personal |
| 22 | | assistants and individual maintenance home health workers and |
| 23 | | who also work under the Home Services Program under Section 3 |
| 24 | | of the Rehabilitation of Persons with Disabilities Act, no |
| 25 | | matter whether the State provides those services through |
| 26 | | direct fee-for-service arrangements, with the assistance of a |
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| 1 | | managed care organization or other intermediary, or otherwise, |
| 2 | | but subject to the limitations set forth in this Act and the |
| 3 | | Rehabilitation of Persons with Disabilities Act. The State |
| 4 | | shall not
be
considered to be the employer of home care and |
| 5 | | home health workers who function as personal
assistants and |
| 6 | | individual maintenance home health workers and who also work |
| 7 | | under the Home Services Program under Section 3 of the |
| 8 | | Rehabilitation of Persons with Disabilities Act, for any
|
| 9 | | purposes not specifically provided for in Public Act 93-204 or |
| 10 | | Public Act 97-1158, including but not limited to, purposes of |
| 11 | | vicarious liability in tort
and
purposes of statutory |
| 12 | | retirement or health insurance benefits. Home care and home |
| 13 | | health workers who function as
personal assistants and |
| 14 | | individual maintenance home health workers and who also work |
| 15 | | under the Home Services Program under Section 3 of the |
| 16 | | Rehabilitation of Persons with Disabilities Act shall not be |
| 17 | | covered by the State Employees Group
Insurance Act of 1971.
As |
| 18 | | of January 1, 2006 (the effective date of Public Act 94-320), |
| 19 | | but not before, the State of Illinois shall be considered the |
| 20 | | employer of the day and child care home providers |
| 21 | | participating in the child care assistance program under |
| 22 | | Section 9A-11 of the Illinois Public Aid Code, subject to the |
| 23 | | limitations set forth in this Act and in Section 9A-11 of the |
| 24 | | Illinois Public Aid Code. The State shall not be considered to |
| 25 | | be the employer of child and day care home providers for any |
| 26 | | purposes not specifically provided for in Public Act 94-320, |
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| 1 | | including, but not limited to, purposes of vicarious liability |
| 2 | | in tort and purposes of statutory retirement or health |
| 3 | | insurance benefits. Child and day care home providers shall |
| 4 | | not be covered by the State Employees Group Insurance Act of |
| 5 | | 1971. |
| 6 | | "Public employer" or
"employer" as used in this Act, |
| 7 | | however, does not
mean and shall not include the General |
| 8 | | Assembly of the State of Illinois,
the Executive Ethics |
| 9 | | Commission, the Offices of the Executive Inspectors
General, |
| 10 | | the Legislative Ethics Commission, the Office of the |
| 11 | | Legislative
Inspector General, the Office of the Auditor |
| 12 | | General's Inspector General, the Office of the Governor, the |
| 13 | | Governor's Office of Management and Budget, the Illinois |
| 14 | | Finance Authority, the Office of the Lieutenant Governor, the |
| 15 | | State Board of Elections, and educational employers or |
| 16 | | employers as defined in the Illinois
Educational Labor |
| 17 | | Relations Act, except with respect to a state university in
|
| 18 | | its employment of firefighters and peace officers and except |
| 19 | | with respect to a school district in the employment of peace |
| 20 | | officers in its own police department in existence on July 23, |
| 21 | | 2010 (the effective date of Public Act 96-1257). County boards |
| 22 | | and county
sheriffs shall be
designated as joint or |
| 23 | | co-employers of county peace officers appointed
under the |
| 24 | | authority of a county sheriff. Nothing in this subsection
(o) |
| 25 | | shall be construed
to prevent the State Panel or the Local |
| 26 | | Panel
from determining that employers are joint or |
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| 1 | | co-employers.
|
| 2 | | (o-5) With respect to
wages, fringe
benefits, hours, |
| 3 | | holidays, vacations, proficiency
examinations, sick leave, and |
| 4 | | other conditions of
employment, the public employer of public |
| 5 | | employees who are court reporters, as
defined in the Court |
| 6 | | Reporters Act, shall be determined as
follows:
|
| 7 | | (1) For court reporters employed by the Cook County |
| 8 | | Judicial
Circuit, the chief judge of the Cook County |
| 9 | | Circuit
Court is the public employer and employer |
| 10 | | representative.
|
| 11 | | (2) For court reporters employed by the 12th, 18th, |
| 12 | | 19th, and, on and after December 4, 2006, the 22nd |
| 13 | | judicial
circuits, a group consisting of the chief judges |
| 14 | | of those circuits, acting
jointly by majority vote, is the |
| 15 | | public employer and employer representative.
|
| 16 | | (3) For court reporters employed by all other judicial |
| 17 | | circuits,
a group consisting of the chief judges of those |
| 18 | | circuits, acting jointly by
majority vote, is the public |
| 19 | | employer and employer representative.
|
| 20 | | (p) "Security employee" means an employee who is |
| 21 | | responsible for the
supervision and control of inmates at |
| 22 | | correctional facilities. The term
also includes other |
| 23 | | non-security employees in bargaining units having the
majority |
| 24 | | of employees being responsible for the supervision and control |
| 25 | | of
inmates at correctional facilities.
|
| 26 | | (q) "Short-term employee" means an employee who is |
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| 1 | | employed for less
than 2 consecutive calendar quarters during |
| 2 | | a calendar year and who does
not have a reasonable assurance |
| 3 | | that he or she will be rehired by the
same employer for the |
| 4 | | same service in a subsequent calendar year.
|
| 5 | | (q-5) "State agency" means an agency directly responsible |
| 6 | | to the Governor, as defined in Section 3.1 of the Executive |
| 7 | | Reorganization Implementation Act, and the Illinois Commerce |
| 8 | | Commission, the Illinois Workers' Compensation Commission, the |
| 9 | | Civil Service Commission, the Pollution Control Board, the |
| 10 | | Illinois Racing Board, and the Illinois State Police Merit |
| 11 | | Board. |
| 12 | | (r) "Supervisor" is: |
| 13 | | (1) An employee whose principal work is substantially
|
| 14 | | different from that of his or her subordinates and who has |
| 15 | | authority, in the
interest of the employer, to hire, |
| 16 | | transfer, suspend, lay off, recall,
promote, discharge, |
| 17 | | direct, reward, or discipline employees, to adjust
their |
| 18 | | grievances, or to effectively recommend any of those |
| 19 | | actions, if the
exercise
of that authority is not of a |
| 20 | | merely routine or clerical nature, but
requires the |
| 21 | | consistent use of independent judgment. Except with |
| 22 | | respect to
police employment, the term "supervisor" |
| 23 | | includes only those individuals
who devote a preponderance |
| 24 | | of their employment time to exercising that
authority, |
| 25 | | State supervisors notwithstanding. Determinations of |
| 26 | | supervisor status shall be based on actual employee job |
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| 1 | | duties and not solely on written job descriptions. |
| 2 | | Further, in police units, employees shall consist of sworn |
| 3 | | officers serving as shift commander and below. A shift |
| 4 | | commander, regardless of sworn rank, may be responsible |
| 5 | | for several police officers, one or more units or teams, |
| 6 | | or an entire shift. If there is no sworn rank between that |
| 7 | | of chief or sheriff and the highest ranked sworn shift |
| 8 | | commander, the employer may designate a single exempt |
| 9 | | shift commander position on each shift who is a |
| 10 | | "supervisor". Each sworn or exempt rank above that of a |
| 11 | | designated exempt shift commander is a "supervisor". |
| 12 | | Nothing in this definition prohibits an individual from |
| 13 | | also meeting the definition of "managerial employee" under |
| 14 | | subsection (j) of this Section. In addition, in |
| 15 | | determining
supervisory status in police employment, rank |
| 16 | | shall not be determinative.
The Board shall consider, as |
| 17 | | evidence of bargaining unit inclusion or
exclusion, the |
| 18 | | common law enforcement policies and relationships between
|
| 19 | | police officer ranks and certification under applicable |
| 20 | | civil service law,
ordinances, personnel codes, or |
| 21 | | Division 2.1 of Article 10 of the Illinois
Municipal Code, |
| 22 | | but these factors shall not
be the sole or predominant |
| 23 | | factors considered by the Board in determining
police |
| 24 | | supervisory status.
|
| 25 | | Notwithstanding the provisions of the preceding |
| 26 | | paragraph, in determining
supervisory status in fire |
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| 1 | | fighter employment, no fire fighter shall be
excluded as a |
| 2 | | supervisor who has established representation rights under
|
| 3 | | Section 9 of this Act. Further, in fire fighter units, |
| 4 | | employees shall
consist of fire fighters of the highest |
| 5 | | rank of company officer and below. A company officer may |
| 6 | | be responsible for multiple companies or apparatus on a |
| 7 | | shift, multiple stations, or an entire shift. There may be |
| 8 | | more than one company officer per shift. If a company |
| 9 | | officer otherwise qualifies as a supervisor under the |
| 10 | | preceding paragraph, however, he or she shall
not be |
| 11 | | included in the fire fighter
unit. If there is no rank |
| 12 | | between that of chief and the
highest company officer, the |
| 13 | | employer may designate a position on each
shift as a Shift |
| 14 | | Commander, and the persons occupying those positions shall
|
| 15 | | be supervisors. All other ranks above that of the highest |
| 16 | | company officer shall be
supervisors.
|
| 17 | | (2) With respect only to State employees in positions |
| 18 | | under the jurisdiction of the Attorney General, Secretary |
| 19 | | of State, Comptroller, or Treasurer (i) that were |
| 20 | | certified in a bargaining unit on or after December 2, |
| 21 | | 2008, (ii) for which a petition is filed with the Illinois |
| 22 | | Public Labor Relations Board on or after April 5, 2013 |
| 23 | | (the effective date of Public Act 97-1172), or (iii) for |
| 24 | | which a petition is pending before the Illinois Public |
| 25 | | Labor Relations Board on that date, an employee who |
| 26 | | qualifies as a supervisor under (A) Section 152 of the |
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| 1 | | National Labor Relations Act and (B) orders of the |
| 2 | | National Labor Relations Board interpreting that provision |
| 3 | | or decisions of courts reviewing decisions of the National |
| 4 | | Labor Relations Board. |
| 5 | | (s)(1) "Unit" means a class of jobs or positions that are |
| 6 | | held by
employees whose collective interests may suitably be |
| 7 | | represented by a labor
organization for collective bargaining. |
| 8 | | Except with respect to non-State fire
fighters and paramedics |
| 9 | | employed by fire departments and fire protection
districts, |
| 10 | | non-State peace officers, and peace officers in the Illinois |
| 11 | | State Police, a bargaining unit determined by the Board shall |
| 12 | | not include both
employees and supervisors, or supervisors |
| 13 | | only, except as provided in paragraph
(2) of this subsection |
| 14 | | (s) and except for bargaining units in existence on July
1, |
| 15 | | 1984 (the effective date of this Act). With respect to |
| 16 | | non-State fire
fighters and paramedics employed by fire |
| 17 | | departments and fire protection
districts, non-State peace |
| 18 | | officers, and peace officers in the Illinois State Police, a |
| 19 | | bargaining unit determined by the Board shall not include both
|
| 20 | | supervisors and nonsupervisors, or supervisors only, except as |
| 21 | | provided in
paragraph (2) of this subsection (s) and except |
| 22 | | for bargaining units in
existence on January 1, 1986 (the |
| 23 | | effective date of this amendatory Act of
1985). A bargaining |
| 24 | | unit determined by the Board to contain peace officers
shall |
| 25 | | contain no employees other than peace officers unless |
| 26 | | otherwise agreed to
by the employer and the labor organization |
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| 1 | | or labor organizations involved.
Notwithstanding any other |
| 2 | | provision of this Act, a bargaining unit, including a
|
| 3 | | historical bargaining unit, containing sworn peace officers of |
| 4 | | the Department
of Natural Resources (formerly designated the |
| 5 | | Department of Conservation) shall
contain no employees other |
| 6 | | than such sworn peace officers upon the effective
date of this |
| 7 | | amendatory Act of 1990 or upon the expiration date of any
|
| 8 | | collective bargaining agreement in effect upon the effective |
| 9 | | date of this
amendatory Act of 1990 covering both such sworn |
| 10 | | peace officers and other
employees.
|
| 11 | | (2) Notwithstanding the exclusion of supervisors from |
| 12 | | bargaining units
as provided in paragraph (1) of this |
| 13 | | subsection (s), a public
employer may agree to permit its |
| 14 | | supervisory employees to form bargaining units
and may bargain |
| 15 | | with those units. This Act shall apply if the public employer
|
| 16 | | chooses to bargain under this subsection.
|
| 17 | | (3) Public employees who are court reporters, as defined
|
| 18 | | in the Court Reporters Act,
shall be divided into 3 units for |
| 19 | | collective bargaining purposes. One unit
shall be court |
| 20 | | reporters employed by the Cook County Judicial Circuit; one
|
| 21 | | unit shall be court reporters employed by the 12th, 18th, |
| 22 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
| 23 | | circuits; and one unit shall be court reporters employed by |
| 24 | | all other
judicial circuits.
|
| 25 | | (t) "Active petition for certification in a bargaining |
| 26 | | unit" means a petition for certification filed with the Board |
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| 1 | | under one of the following case numbers: S-RC-11-110; |
| 2 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
| 3 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
| 4 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
| 5 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
| 6 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
| 7 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
| 8 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
| 9 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
| 10 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
| 11 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
| 12 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
| 13 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
| 14 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
| 15 | | S-RC-07-100. |
| 16 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; |
| 17 | | 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised |
| 18 | | 6-13-22.)".
|