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91_HB1723
LRB9104632PTpk
1 AN ACT to amend the Illinois Public Labor Relations Act
2 by changing Sections 9 and 20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Sections 9 and 20 as follows:
7 (5 ILCS 315/9) (from Ch. 48, par. 1609)
8 Sec. 9. Elections; recognition.
9 (a) Whenever in accordance with such regulations as may
10 be prescribed by the Board a petition has been filed:
11 (1) by a public employee or group of public
12 employees or any labor organization acting in their
13 behalf demonstrating that 30% of the public employees in
14 an appropriate unit (A) wish to be represented for the
15 purposes of collective bargaining by a labor
16 organization as exclusive representative, or (B)
17 asserting that the labor organization which has been
18 certified or is currently recognized by the public
19 employer as bargaining representative is no longer the
20 representative of the majority of public employees in the
21 unit; or
22 (2) by a public employer alleging that one or more
23 labor organizations have presented to it a claim that
24 they be recognized as the representative of a majority of
25 the public employees in an appropriate unit, the Board
26 shall investigate such petition, and if it has reasonable
27 cause to believe that a question of representation
28 exists, shall provide for an appropriate hearing upon due
29 notice. Such hearing shall be held at the offices of the
30 Board or such other location as the Board deems
31 appropriate. If it finds upon the record of the hearing
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1 that a question of representation exists, it shall direct
2 an election in accordance with subsection (d) of this
3 Section, which election shall be held not later than 120
4 days after the date the petition was filed regardless of
5 whether that petition was filed before or after the
6 effective date of this amendatory Act of 1987; provided,
7 however, the Board may extend the time for holding an
8 election by an additional 60 days if, upon motion by a
9 person who has filed a petition under this Section or is
10 the subject of a petition filed under this Section and is
11 a party to such hearing, or upon the Board's own motion,
12 the Board finds that good cause has been shown for
13 extending the election date; provided further, that
14 nothing in this Section shall prohibit the Board, in its
15 discretion, from extending the time for holding an
16 election for so long as may be necessary under the
17 circumstances, where the purpose for such extension is to
18 permit resolution by the Board of an unfair labor
19 practice charge filed by one of the parties to a
20 representational proceeding against the other based upon
21 conduct which may either affect the existence of a
22 question concerning representation or have a tendency to
23 interfere with a fair and free election, where the party
24 filing the charge has not filed a request to proceed with
25 the election; and provided further that prior to the
26 expiration of the total time allotted for holding an
27 election, a person who has filed a petition under this
28 Section or is the subject of a petition filed under this
29 Section and is a party to such hearing or the Board, may
30 move for and obtain the entry of an order in the circuit
31 court of the county in which the majority of the public
32 employees sought to be represented by such person reside,
33 such order extending the date upon which the election
34 shall be held. Such order shall be issued by the circuit
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1 court only upon a judicial finding that there has been a
2 sufficient showing that there is good cause to extend the
3 election date beyond such period and shall require the
4 Board to hold the election as soon as is feasible given
5 the totality of the circumstances. Such 120 day period
6 may be extended one or more times by the agreement of all
7 parties to the hearing to a date certain without the
8 necessity of obtaining a court order. Nothing in this
9 Section prohibits the waiving of hearings by stipulation
10 for the purpose of a consent election in conformity with
11 the rules and regulations of the Board or an election in
12 a unit agreed upon by the parties. Other interested
13 employee organizations may intervene in the proceedings
14 in the manner and within the time period specified by
15 rules and regulations of the Board. Interested parties
16 who are necessary to the proceedings may also intervene
17 in the proceedings in the manner and within the time
18 period specified by the rules and regulations of the
19 Board.
20 (b) The Board shall decide in each case, in order to
21 assure public employees the fullest freedom in exercising the
22 rights guaranteed by this Act, a unit appropriate for the
23 purpose of collective bargaining, based upon but not limited
24 to such factors as: historical pattern of recognition;
25 community of interest including employee skills and
26 functions; degree of functional integration;
27 interchangeability and contact among employees; fragmentation
28 of employee groups; common supervision, wages, hours and
29 other working conditions of the employees involved; and the
30 desires of the employees. For purposes of this subsection,
31 fragmentation shall not be the sole or predominant factor
32 used by the Board in determining an appropriate bargaining
33 unit. Except with respect to non-State fire fighters and
34 paramedics employed by fire departments and fire protection
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1 districts, non-State peace officers and peace officers in the
2 State Department of State Police, a single bargaining unit
3 determined by the Board may not include both supervisors and
4 nonsupervisors, except for bargaining units in existence on
5 the effective date of this Act. With respect to non-State
6 fire fighters and paramedics employed by fire departments and
7 fire protection districts, non-State peace officers and peace
8 officers in the State Department of State Police, a single
9 bargaining unit determined by the Board may not include both
10 supervisors and nonsupervisors, except for bargaining units
11 in existence on the effective date of this amendatory Act of
12 1985.
13 In cases involving an historical pattern of recognition,
14 and in cases where the employer has recognized the union as
15 the sole and exclusive bargaining agent for a specified
16 existing unit, the Board shall find the employees in the unit
17 then represented by the union pursuant to the recognition to
18 be the appropriate unit.
19 Notwithstanding the above factors, where the majority of
20 public employees of a craft so decide, the Board shall
21 designate such craft as a unit appropriate for the purposes
22 of collective bargaining.
23 The Board shall not decide that any unit is appropriate
24 if such unit includes both professional and nonprofessional
25 employees, unless a majority of each group votes for
26 inclusion in such unit.
27 (c) Nothing in this Act shall interfere with or negate
28 the current representation rights or patterns and practices
29 of labor organizations which have historically represented
30 public employees for the purpose of collective bargaining,
31 including but not limited to the negotiations of wages, hours
32 and working conditions, discussions of employees' grievances,
33 resolution of jurisdictional disputes, or the establishment
34 and maintenance of prevailing wage rates, unless a majority
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1 of employees so represented express a contrary desire
2 pursuant to the procedures set forth in this Act.
3 (d) In instances where the employer does not voluntarily
4 recognize a labor organization as the exclusive bargaining
5 representative for a unit of employees, the Board shall
6 determine the majority representative of the public employees
7 in an appropriate collective bargaining unit by conducting a
8 secret ballot election. Within 7 days after the Board issues
9 its bargaining unit determination and direction of election
10 or the execution of a stipulation for the purpose of a
11 consent election, the public employer shall submit to the
12 labor organization the complete names and addresses of those
13 employees who are determined by the Board to be eligible to
14 participate in the election. When the Board has determined
15 that a labor organization has been fairly and freely chosen
16 by a majority of employees in an appropriate unit, it shall
17 certify such organization as the exclusive representative.
18 If the Board determines that a majority of employees in an
19 appropriate unit has fairly and freely chosen not to be
20 represented by a labor organization, it shall so certify. The
21 Board may also revoke the certification of the public
22 employee organizations as exclusive bargaining
23 representatives which have been found by a secret ballot
24 election to be no longer the majority representative.
25 (e) The Board shall not conduct an election in any
26 bargaining unit or any subdivision thereof within which a
27 valid election has been held in the preceding 12-month
28 period. The Board shall determine who is eligible to vote in
29 an election and shall establish rules governing the conduct
30 of the election or conduct affecting the results of the
31 election. The Board shall include on a ballot in a
32 representation election a choice of "no representation". A
33 labor organization currently representing the bargaining unit
34 of employees shall be placed on the ballot in any
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1 representation election. In any election where none of the
2 choices on the ballot receives a majority, a runoff election
3 shall be conducted between the 2 choices receiving the
4 largest number of valid votes cast in the election. A labor
5 organization which receives a majority of the votes cast in
6 an election shall be certified by the Board as exclusive
7 representative of all public employees in the unit.
8 (f) Nothing in this or any other Act prohibits
9 recognition of a labor organization as the exclusive
10 representative by a public employer by mutual consent of the
11 employer and the labor organization, provided that the labor
12 organization represents a majority of the public employees in
13 an appropriate unit. Any employee organization which is
14 designated or selected by the majority of public employees,
15 in a unit of the public employer having no other recognized
16 or certified representative, as their representative for
17 purposes of collective bargaining may request recognition by
18 the public employer in writing. The public employer shall
19 post such request for a period of at least 20 days following
20 its receipt thereof on bulletin boards or other places used
21 or reserved for employee notices.
22 (g) Within the 20-day period any other interested
23 employee organization may petition the Board in the manner
24 specified by rules and regulations of the Board, provided
25 that such interested employee organization has been
26 designated by at least 10% of the employees in an appropriate
27 bargaining unit which includes all or some of the employees
28 in the unit recognized by the employer. In such event, the
29 Board shall proceed with the petition in the same manner as
30 provided by paragraph (1) of subsection (a) of this Section.
31 (h) No election shall be directed by the Board in any
32 bargaining unit where there is in force a valid collective
33 bargaining agreement. The Board, however, may process an
34 election petition filed between 90 and 60 days prior to the
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1 expiration of the date of an agreement, and may further
2 refine, by rule or decision, the implementation of this
3 provision. No collective bargaining agreement bars an
4 election upon the petition of persons not parties thereto
5 where more than 3 years have elapsed since the effective date
6 of the agreement.
7 (i) An order of the Board dismissing a representation
8 petition, determining and certifying that a labor
9 organization has been fairly and freely chosen by a majority
10 of employees in an appropriate bargaining unit, determining
11 and certifying that a labor organization has not been fairly
12 and freely chosen by a majority of employees in the
13 bargaining unit or certifying a labor organization as the
14 exclusive representative of employees in an appropriate
15 bargaining unit because of a determination by the Board that
16 the labor organization is the historical bargaining
17 representative of employees in the bargaining unit, is a
18 final order. Any person aggrieved by any such order issued
19 on or after the effective date of this amendatory Act of 1987
20 may apply for and obtain judicial review in accordance with
21 provisions of the Administrative Review Law, as now or
22 hereafter amended, except that such review shall be afforded
23 directly in the Appellate Court for the district in which the
24 aggrieved party resides or transacts business. Any direct
25 appeal to the Appellate Court shall be filed within 35 days
26 from the date that a copy of the decision sought to be
27 reviewed was served upon the party affected by the decision.
28 (j) Whenever in accordance with such regulation as may
29 be prescribed by the Board, a petition has been filed by a
30 public employer certifying to the Board that it no longer
31 employs a sufficient number of employees to be automatically
32 covered under the Act pursuant to Section 20 and that it no
33 longer wishes to be covered under the Act, the Board shall
34 investigate the petition and shall provide for an appropriate
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1 hearing upon due notice. The hearing shall be held at the
2 offices of the Board or such other location as the Board
3 deems appropriate.
4 (Source: P.A. 87-736; 88-1.)
5 (5 ILCS 315/20) (from Ch. 48, par. 1620)
6 Sec. 20. Prohibitions.
7 (a) Nothing in this Act shall be construed to require an
8 individual employee to render labor or service without his
9 consent, nor shall anything in this Act be construed to make
10 the quitting of his labor by an individual employee an
11 illegal act; nor shall any court issue any process to compel
12 the performance by an individual employee of such labor or
13 service, without his consent; nor shall the quitting of labor
14 by an employee or employees in good faith because of
15 abnormally dangerous conditions for work at the place of
16 employment of such employee be deemed a strike under this
17 Act.
18 (b) This Act shall not be applicable to units of local
19 government employing less than 35 employees, except with
20 respect to bargaining units in existence on the effective
21 date of this Act and fire protection districts required by
22 the Fire Protection District Act to appoint a Board of Fire
23 Commissioners.
24 (c) An employer that (i) previously employed a
25 sufficient number of employees to be covered under the Act
26 and (ii) now employs fewer employees than this threshold
27 number, may become exempt from the provisions of this Act
28 solely pursuant to the provisions of subsection (j) of
29 Section 9.
30 (Source: P.A. 87-736.)