Public Act 102-0686
 
HB0220 EnrolledLRB102 04308 RJF 14326 b


  
    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 Section 3 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.


    (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
Department of 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 
appropriate bargaining unit;
(iv) recognized as the exclusive 
representative of personal
assistants under Executive Order 
2003-8 prior to the effective date of this
amendatory
Act of 
the 93rd General Assembly, 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 the effective date of this amendatory Act of the 94th 
General Assembly, 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 Department 
of 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 
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

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 
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. 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 
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 
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 the effective date of this amendatory Act of the 93rd 
General
Assembly, 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 
the effective date of this amendatory Act of the 94th General 
Assembly, 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 the effective date of this amendatory Act of the 
98th General Assembly 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 the effective date of this 
amendatory Act of the 98th General Assembly, and (vi) 
beginning on the effective date of this amendatory Act of the 
98th General Assembly 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 Department 
of 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

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 the effective date of 
this amendatory Act of the 96th General Assembly; 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 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 
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 (5 ILCS 375/).


    Child and day care home providers shall not be considered 
public employees for any purposes not specifically provided 
for in this amendatory Act of the   94th General Assembly, 
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 the effective 
date of the amendatory Act of the 93rd General Assembly,
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 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
(5 ILCS 375/).
As of the effective date of this amendatory 
Act of the 94th General Assembly 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 
this amendatory Act of the 94th General Assembly, 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 
with respect to a school district in the employment of peace 
officers in its own police department in existence on the 
effective date of this amendatory Act of the 96th General 
Assembly.  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 
    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 Department of 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. 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.


        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 new 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 
    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 Department 
of
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 Department of
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 
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; 
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. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)