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91_HB0457eng HB0457 Engrossed LRB9101082MWgc 1 AN ACT to amend the Illinois Public Labor Relations Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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) 7 Sec. 3. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Board" or "Governing Board" means either the 10 Illinois State Labor Relations Board or the Illinois Local 11 Labor Relations Board. 12 (b) "Collective bargaining" means bargaining over terms 13 and conditions of employment, including hours, wages, and 14 other conditions of employment, as detailed in Section 7 and 15 which are not excluded by Section 4. 16 (c) "Confidential employee" means an employee who, in 17 the regular course of his or her duties, assists and acts in 18 a confidential capacity to persons who formulate, determine, 19 and effectuate management policies with regard to labor 20 relations or who, in the regular course of his or her duties, 21 has authorized access to information relating to the 22 effectuation or review of the employer's collective 23 bargaining policies. 24 (d) "Craft employees" means skilled journeymen, crafts 25 persons, and their apprentices and helpers. 26 (e) "Essential services employees" means those public 27 employees performing functions so essential that the 28 interruption or termination of the function will constitute a 29 clear and present danger to the health and safety of the 30 persons in the affected community. 31 (f) "Exclusive representative", except with respect to HB0457 Engrossed -2- LRB9101082MWgc 1 non-State fire fighters and paramedics employed by fire 2 departments and fire protection districts, non-State peace 3 officers, and peace officers in the Department of State 4 Police, means the labor organization that has been (i) 5 designated by the Board as the representative of a majority 6 of public employees in an appropriate bargaining unit in 7 accordance with the procedures contained in this Act, (ii) 8 historically recognized by the State of Illinois or any 9 political subdivision of the State before July 1, 1984 (the 10 effective date of this Act) as the exclusive representative 11 of the employees in an appropriate bargaining unit, or (iii) 12 after July 1, 1984 (the effective date of this Act) 13 recognized by an employer upon evidence, acceptable to the 14 Board, that the labor organization has been designated as the 15 exclusive representative by a majority of the employees in an 16 appropriate bargaining unit. 17 With respect to non-State fire fighters and paramedics 18 employed by fire departments and fire protection districts, 19 non-State peace officers, and peace officers in the 20 Department of State Police, "exclusive representative" means 21 the labor organization that has been (i) designated by the 22 Board as the representative of a majority of peace officers 23 or fire fighters in an appropriate bargaining unit in 24 accordance with the procedures contained in this Act, (ii) 25 historically recognized by the State of Illinois or any 26 political subdivision of the State before January 1, 1986 27 (the effective date of this amendatory Act of 1985) as the 28 exclusive representative by a majority of the peace officers 29 or fire fighters in an appropriate bargaining unit, or (iii) 30 after January 1, 1986 (the effective date of this amendatory 31 Act of 1985) recognized by an employer upon evidence, 32 acceptable to the Board, that the labor organization has been 33 designated as the exclusive representative by a majority of 34 the peace officers or fire fighters in an appropriate HB0457 Engrossed -3- LRB9101082MWgc 1 bargaining unit. 2 (g) "Fair share agreement" means an agreement between 3 the employer and an employee organization under which all or 4 any of the employees in a collective bargaining unit are 5 required to pay their proportionate share of the costs of the 6 collective bargaining process, contract administration, and 7 pursuing matters affecting wages, hours, and other conditions 8 of employment, but not to exceed the amount of dues uniformly 9 required of members. The amount certified by the exclusive 10 representative shall not include any fees for contributions 11 related to the election or support of any candidate for 12 political office. Nothing in this subsection (g) shall 13 preclude an employee from making voluntary political 14 contributions in conjunction with his or her fair share 15 payment. 16 (g-1) "Fire fighter" means, for the purposes of this Act 17 only, any person who has been or is hereafter appointed to a 18 fire department or fire protection district or employed by a 19 state university and sworn or commissioned to perform fire 20 fighter duties or paramedic duties, except that the following 21 persons are not included: part-time fire fighters, auxiliary, 22 reserve or voluntary fire fighters, including paid on-call 23 fire fighters, clerks and dispatchers or other civilian 24 employees of a fire department or fire protection district 25 who are not routinely expected to perform fire fighter 26 duties, or elected officials. 27 (g-2) "General Assembly of the State of Illinois" means 28 the legislative branch of the government of the State of 29 Illinois, as provided for under Article IV of the 30 Constitution of the State of Illinois, and includes but is 31 not limited to the House of Representatives, the Senate, the 32 Speaker of the House of Representatives, the Minority Leader 33 of the House of Representatives, the President of the Senate, 34 the Minority Leader of the Senate, the Joint Committee on HB0457 Engrossed -4- LRB9101082MWgc 1 Legislative Support Services and any legislative support 2 services agency listed in the Legislative Commission 3 Reorganization Act of 1984. 4 (h) "Governing body" means, in the case of the State, 5 the State Labor Relations Board, the Director of the 6 Department of Central Management Services, and the Director 7 of the Department of Labor; the county board in the case of a 8 county; the corporate authorities in the case of a 9 municipality; and the appropriate body authorized to provide 10 for expenditures of its funds in the case of any other unit 11 of government. 12 (i) "Labor organization" means any organization in which 13 public employees participate and that exists for the purpose, 14 in whole or in part, of dealing with a public employer 15 concerning wages, hours, and other terms and conditions of 16 employment, including the settlement of grievances. 17 (j) "Managerial employee" means an individual who is 18 engaged predominantly in executive and management functions 19 and is charged with the responsibility of directing the 20 effectuation of management policies and practices. No 21 employee may be considered a "managerial employee" because he 22 or she belongs to a classification of employees to whom 23 executive and management functions may be delegated without 24 proof that the employee has actually been delegated executive 25 and management functions on a regular basis. No employee may 26 be considered a "managerial employee" because he or she 27 performs professional duties. In determining an employee's 28 status as a "managerial employee", the Board shall consider 29 the employee's actual job duties and responsibilities and the 30 extent to which the employee has actual authority concerning 31 the overall operations and governance of the employee's 32 office or workplace. 33 (k) "Peace officer" means, for the purposes of this Act 34 only, any persons who have been or are hereafter appointed to HB0457 Engrossed -5- LRB9101082MWgc 1 a police force, department, or agency and sworn or 2 commissioned to perform police duties, except that the 3 following persons are not included: part-time police 4 officers, special police officers, auxiliary police as 5 defined by Section 3.1-30-20 of the Illinois Municipal Code, 6 night watchmen, "merchant police", court security officers as 7 defined by Section 3-6012.1 of the Counties Code, temporary 8 employees, traffic guards or wardens, civilian parking meter 9 and parking facilities personnel or other individuals 10 specially appointed to aid or direct traffic at or near 11 schools or public functions or to aid in civil defense or 12 disaster, parking enforcement employees who are not 13 commissioned as peace officers and who are not armed and who 14 are not routinely expected to effect arrests, parking lot 15 attendants, clerks and dispatchers or other civilian 16 employees of a police department who are not routinely 17 expected to effect arrests, or elected officials. 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. 26 (m) "Professional employee" means any employee engaged 27 in work predominantly intellectual and varied in character 28 rather than routine mental, manual, mechanical or physical 29 work; involving the consistent exercise of discretion and 30 adjustment in its performance; of such a character that the 31 output produced or the result accomplished cannot be 32 standardized in relation to a given period of time; and 33 requiring advanced knowledge in a field of science or 34 learning customarily acquired by a prolonged course of HB0457 Engrossed -6- LRB9101082MWgc 1 specialized intellectual instruction and study in an 2 institution of higher learning or a hospital, as 3 distinguished from a general academic education or from 4 apprenticeship or from training in the performance of routine 5 mental, manual, or physical processes; or any employee who 6 has completed the courses of specialized intellectual 7 instruction and study prescribed in this subsection (m) and 8 is performing related work under the supervision of a 9 professional person to qualify to become a professional 10 employee as defined in this subsection (m). 11 (n) "Public employee" or "employee", for the purposes of 12 this Act, means any individual employed by a public employer, 13 including interns and residents at public hospitals, but 14 excluding all of the following: employees of the General 15 Assembly of the State of Illinois; elected officials; 16 executive heads of a department; members of boards or 17 commissions; employees of any agency, board or commission 18 created by this Act; employees appointed to State positions 19 of a temporary or emergency nature; all employees of school 20 districts and higher education institutions except 21 firefighters and peace officers employed by a state 22 university; managerial employees; short-term employees; 23 confidential employees; independent contractors; and 24 supervisors except as provided in this Act. 25 Notwithstanding Section 9, subsection (c), or any other 26 provisions of this Act, all peace officers above the rank of 27 captain in municipalities with more than 1,000,000 28 inhabitants shall be excluded from this Act. 29 (o) "Public employer" or "employer" means the State of 30 Illinois; any political subdivision of the State, unit of 31 local government or school district; authorities including 32 departments, divisions, bureaus, boards, commissions, or 33 other agencies of the foregoing entities; and any person 34 acting within the scope of his or her authority, express or HB0457 Engrossed -7- LRB9101082MWgc 1 implied, on behalf of those entities in dealing with its 2 employees. "Public employer" or "employer" as used in this 3 Act, however, does not mean and shall not include the General 4 Assembly of the State of Illinois and educational employers 5 or employers as defined in the Illinois Educational Labor 6 Relations Act, except with respect to a state university in 7 its employment of firefighters and peace officers. County 8 boards and county sheriffs shall be designated as joint or 9 co-employers of county peace officers appointed under the 10 authority of a county sheriff. Nothing in this subsection 11 (o) shall be construed to prevent the State Board or the 12 Local Board from determining that employers are joint or 13 co-employers. 14 (p) "Security employee" means an employee who is 15 responsible for the supervision and control of inmates at 16 correctional facilities. The term also includes other 17 non-security employees in bargaining units having the 18 majority of employees being responsible for the supervision 19 and control of inmates at correctional facilities. 20 (q) "Short-term employee" means an employee who is 21 employed for less than 2 consecutive calendar quarters during 22 a calendar year and who does not have a reasonable assurance 23 that he or she will be rehired by the same employer for the 24 same service in a subsequent calendar year. 25 (r) "Supervisor" is an employee whose principal work is 26 substantially different from that of his or her subordinates 27 and who has authority, in the interest of the employer, to 28 hire, transfer, suspend, lay off, recall, promote, discharge, 29 direct, reward, or discipline employees, to adjust their 30 grievances, or to effectively recommend any of those actions, 31 if the exercise of that authority is not of a merely routine 32 or clerical nature, but requires the consistent use of 33 independent judgment. Except with respect to police 34 employment, the term "supervisor" includes only those HB0457 Engrossed -8- LRB9101082MWgc 1 individuals who devote a preponderance of their employment 2 time to exercising that authority, State supervisors 3 notwithstanding. In addition, in determining supervisory 4 status in police employment, rank shall not be determinative. 5 The Board shall consider, as evidence of bargaining unit 6 inclusion or exclusion, the common law enforcement policies 7 and relationships between police officer ranks and 8 certification under applicable civil service law, ordinances, 9 personnel codes, or Division 2.1 of Article 10 of the 10 Illinois Municipal Code, but these factors shall not be the 11 sole or predominant factors considered by the Board in 12 determining police supervisory status. 13 Notwithstanding the provisions of the preceding 14 paragraph, in determining supervisory status in fire fighter 15 employment, no fire fighter shall be excluded as a supervisor 16 who has established representation rights under Section 9 of 17 this Act. Further, in new fire fighter units, employees 18 shall consist of fire fighters of the rank of company officer 19 and below. If a company officer otherwise qualifies as a 20 supervisor under the preceding paragraph, however, he or she 21 shall not be included in the fire fighter unit. If there is 22 no rank between that of chief and the highest company 23 officer, the employer may designate a position on each shift 24 as a Shift Commander, and the persons occupying those 25 positions shall be supervisors. All other ranks above that 26 of company officer shall be supervisors. 27 (s) (1) "Unit" means a class of jobs or positions that 28 are held by employees whose collective interests may 29 suitably be represented by a labor organization for 30 collective bargaining. Except with respect to non-State 31 fire fighters and paramedics employed by fire departments 32 and fire protection districts, non-State peace officers, 33 and peace officers in the Department of State Police, a 34 bargaining unit determined by the Board shall not include HB0457 Engrossed -9- LRB9101082MWgc 1 both employees and supervisors, or supervisors only, 2 except as provided in paragraph (2) of this subsection 3 (s) and except for bargaining units in existence on July 4 1, 1984 (the effective date of this Act). With respect 5 to non-State fire fighters and paramedics employed by 6 fire departments and fire protection districts, non-State 7 peace officers, and peace officers in the Department of 8 State Police, a bargaining unit determined by the Board 9 shall not include both supervisors and nonsupervisors, or 10 supervisors only, except as provided in paragraph (2) of 11 this subsection (s) and except for bargaining units in 12 existence on January 1, 1986 (the effective date of this 13 amendatory Act of 1985). A bargaining unit determined by 14 the Board to contain peace officers shall contain no 15 employees other than peace officers unless otherwise 16 agreed to by the employer and the labor organization or 17 labor organizations involved. Notwithstanding any other 18 provision of this Act, a bargaining unit, including a 19 historical bargaining unit, containing sworn peace 20 officers of the Department of Natural Resources (formerly 21 designated the Department of Conservation) shall contain 22 no employees other than such sworn peace officers upon 23 the effective date of this amendatory Act of 1990 or upon 24 the expiration date of any collective bargaining 25 agreement in effect upon the effective date of this 26 amendatory Act of 1990 covering both such sworn peace 27 officers and other employees. 28 (2) Notwithstanding the exclusion of supervisors 29 from bargaining units as provided in paragraph (1) of 30 this subsection (s), a public employer may agree to 31 permit its supervisory employees to form bargaining units 32 and may bargain with those units. This Act shall apply 33 if the public employer chooses to bargain under this 34 subsection. HB0457 Engrossed -10- LRB9101082MWgc 1 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95; 2 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff. 3 6-1-97; 90-14, eff. 7-1-97; 90-655, eff. 7-30-98.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.