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91_HB2012ham001
LRB9102254PTpkam
1 AMENDMENT TO HOUSE BILL 2012
2 AMENDMENT NO. . Amend House Bill 2012 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Labor Relations Act
5 by changing Sections 9 and 20."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Labor Relations Act is
9 amended by changing Sections 9 and 20 as follows:
10 (5 ILCS 315/9) (from Ch. 48, par. 1609)
11 Sec. 9. Elections; recognition.
12 (a) Whenever in accordance with such regulations as may
13 be prescribed by the Board a petition has been filed:
14 (1) by a public employee or group of public
15 employees or any labor organization acting in their
16 behalf demonstrating that 30% of the public employees in
17 an appropriate unit (A) wish to be represented for the
18 purposes of collective bargaining by a labor
19 organization as exclusive representative, or (B)
20 asserting that the labor organization which has been
21 certified or is currently recognized by the public
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1 employer as bargaining representative is no longer the
2 representative of the majority of public employees in the
3 unit; or
4 (2) by a public employer alleging that one or more
5 labor organizations have presented to it a claim that
6 they be recognized as the representative of a majority of
7 the public employees in an appropriate unit, the Board
8 shall investigate such petition, and if it has reasonable
9 cause to believe that a question of representation
10 exists, shall provide for an appropriate hearing upon due
11 notice. Such hearing shall be held at the offices of the
12 Board or such other location as the Board deems
13 appropriate. If it finds upon the record of the hearing
14 that a question of representation exists, it shall direct
15 an election in accordance with subsection (d) of this
16 Section, which election shall be held not later than 120
17 days after the date the petition was filed regardless of
18 whether that petition was filed before or after the
19 effective date of this amendatory Act of 1987; provided,
20 however, the Board may extend the time for holding an
21 election by an additional 60 days if, upon motion by a
22 person who has filed a petition under this Section or is
23 the subject of a petition filed under this Section and is
24 a party to such hearing, or upon the Board's own motion,
25 the Board finds that good cause has been shown for
26 extending the election date; provided further, that
27 nothing in this Section shall prohibit the Board, in its
28 discretion, from extending the time for holding an
29 election for so long as may be necessary under the
30 circumstances, where the purpose for such extension is to
31 permit resolution by the Board of an unfair labor
32 practice charge filed by one of the parties to a
33 representational proceeding against the other based upon
34 conduct which may either affect the existence of a
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1 question concerning representation or have a tendency to
2 interfere with a fair and free election, where the party
3 filing the charge has not filed a request to proceed with
4 the election; and provided further that prior to the
5 expiration of the total time allotted for holding an
6 election, a person who has filed a petition under this
7 Section or is the subject of a petition filed under this
8 Section and is a party to such hearing or the Board, may
9 move for and obtain the entry of an order in the circuit
10 court of the county in which the majority of the public
11 employees sought to be represented by such person reside,
12 such order extending the date upon which the election
13 shall be held. Such order shall be issued by the circuit
14 court only upon a judicial finding that there has been a
15 sufficient showing that there is good cause to extend the
16 election date beyond such period and shall require the
17 Board to hold the election as soon as is feasible given
18 the totality of the circumstances. Such 120 day period
19 may be extended one or more times by the agreement of all
20 parties to the hearing to a date certain without the
21 necessity of obtaining a court order. Nothing in this
22 Section prohibits the waiving of hearings by stipulation
23 for the purpose of a consent election in conformity with
24 the rules and regulations of the Board or an election in
25 a unit agreed upon by the parties. Other interested
26 employee organizations may intervene in the proceedings
27 in the manner and within the time period specified by
28 rules and regulations of the Board. Interested parties
29 who are necessary to the proceedings may also intervene
30 in the proceedings in the manner and within the time
31 period specified by the rules and regulations of the
32 Board.
33 (a-5) Whenever a petition or a request for recognition
34 has been filed pursuant to this Section demonstrating that
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1 75% or more of the employees of a unit of local government
2 employing 10 or more, but less than 35, employees wish to be
3 represented for the purposes of collective bargaining by a
4 labor organization as exclusive representative, the Board
5 shall investigate the petition or request for recognition,
6 and if it has reason to believe that the petition or request
7 for recognition has been endorsed by 75% of the employees of
8 the unit of local government, shall process the petition or
9 request for recognition pursuant to board regulations.
10 (b) The Board shall decide in each case, in order to
11 assure public employees the fullest freedom in exercising the
12 rights guaranteed by this Act, a unit appropriate for the
13 purpose of collective bargaining, based upon but not limited
14 to such factors as: historical pattern of recognition;
15 community of interest including employee skills and
16 functions; degree of functional integration;
17 interchangeability and contact among employees; fragmentation
18 of employee groups; common supervision, wages, hours and
19 other working conditions of the employees involved; and the
20 desires of the employees. For purposes of this subsection,
21 fragmentation shall not be the sole or predominant factor
22 used by the Board in determining an appropriate bargaining
23 unit. Except with respect to non-State fire fighters and
24 paramedics employed by fire departments and fire protection
25 districts, non-State peace officers and peace officers in the
26 State Department of State Police, a single bargaining unit
27 determined by the Board may not include both supervisors and
28 nonsupervisors, except for bargaining units in existence on
29 the effective date of this Act. With respect to non-State
30 fire fighters and paramedics employed by fire departments and
31 fire protection districts, non-State peace officers and peace
32 officers in the State Department of State Police, a single
33 bargaining unit determined by the Board may not include both
34 supervisors and nonsupervisors, except for bargaining units
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1 in existence on the effective date of this amendatory Act of
2 1985.
3 In cases involving an historical pattern of recognition,
4 and in cases where the employer has recognized the union as
5 the sole and exclusive bargaining agent for a specified
6 existing unit, the Board shall find the employees in the unit
7 then represented by the union pursuant to the recognition to
8 be the appropriate unit.
9 Notwithstanding the above factors, where the majority of
10 public employees of a craft so decide, the Board shall
11 designate such craft as a unit appropriate for the purposes
12 of collective bargaining.
13 The Board shall not decide that any unit is appropriate
14 if such unit includes both professional and nonprofessional
15 employees, unless a majority of each group votes for
16 inclusion in such unit.
17 (c) Nothing in this Act shall interfere with or negate
18 the current representation rights or patterns and practices
19 of labor organizations which have historically represented
20 public employees for the purpose of collective bargaining,
21 including but not limited to the negotiations of wages, hours
22 and working conditions, discussions of employees' grievances,
23 resolution of jurisdictional disputes, or the establishment
24 and maintenance of prevailing wage rates, unless a majority
25 of employees so represented express a contrary desire
26 pursuant to the procedures set forth in this Act.
27 (d) In instances where the employer does not voluntarily
28 recognize a labor organization as the exclusive bargaining
29 representative for a unit of employees, the Board shall
30 determine the majority representative of the public employees
31 in an appropriate collective bargaining unit by conducting a
32 secret ballot election. Within 7 days after the Board issues
33 its bargaining unit determination and direction of election
34 or the execution of a stipulation for the purpose of a
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1 consent election, the public employer shall submit to the
2 labor organization the complete names and addresses of those
3 employees who are determined by the Board to be eligible to
4 participate in the election. When the Board has determined
5 that a labor organization has been fairly and freely chosen
6 by a majority of employees in an appropriate unit, it shall
7 certify such organization as the exclusive representative.
8 If the Board determines that a majority of employees in an
9 appropriate unit has fairly and freely chosen not to be
10 represented by a labor organization, it shall so certify. The
11 Board may also revoke the certification of the public
12 employee organizations as exclusive bargaining
13 representatives which have been found by a secret ballot
14 election to be no longer the majority representative.
15 (e) The Board shall not conduct an election in any
16 bargaining unit or any subdivision thereof within which a
17 valid election has been held in the preceding 12-month
18 period. The Board shall determine who is eligible to vote in
19 an election and shall establish rules governing the conduct
20 of the election or conduct affecting the results of the
21 election. The Board shall include on a ballot in a
22 representation election a choice of "no representation". A
23 labor organization currently representing the bargaining unit
24 of employees shall be placed on the ballot in any
25 representation election. In any election where none of the
26 choices on the ballot receives a majority, a runoff election
27 shall be conducted between the 2 choices receiving the
28 largest number of valid votes cast in the election. A labor
29 organization which receives a majority of the votes cast in
30 an election shall be certified by the Board as exclusive
31 representative of all public employees in the unit.
32 (f) Nothing in this or any other Act prohibits
33 recognition of a labor organization as the exclusive
34 representative by a public employer by mutual consent of the
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1 employer and the labor organization, provided that the labor
2 organization represents a majority of the public employees in
3 an appropriate unit. Any employee organization which is
4 designated or selected by the majority of public employees,
5 in a unit of the public employer having no other recognized
6 or certified representative, as their representative for
7 purposes of collective bargaining may request recognition by
8 the public employer in writing. The public employer shall
9 post such request for a period of at least 20 days following
10 its receipt thereof on bulletin boards or other places used
11 or reserved for employee notices.
12 (g) Within the 20-day period any other interested
13 employee organization may petition the Board in the manner
14 specified by rules and regulations of the Board, provided
15 that such interested employee organization has been
16 designated by at least 10% of the employees in an appropriate
17 bargaining unit which includes all or some of the employees
18 in the unit recognized by the employer. In such event, the
19 Board shall proceed with the petition in the same manner as
20 provided by paragraph (1) of subsection (a) of this Section.
21 (h) No election shall be directed by the Board in any
22 bargaining unit where there is in force a valid collective
23 bargaining agreement. The Board, however, may process an
24 election petition filed between 90 and 60 days prior to the
25 expiration of the date of an agreement, and may further
26 refine, by rule or decision, the implementation of this
27 provision. No collective bargaining agreement bars an
28 election upon the petition of persons not parties thereto
29 where more than 3 years have elapsed since the effective date
30 of the agreement.
31 (i) An order of the Board dismissing a representation
32 petition, determining and certifying that a labor
33 organization has been fairly and freely chosen by a majority
34 of employees in an appropriate bargaining unit, determining
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1 and certifying that a labor organization has not been fairly
2 and freely chosen by a majority of employees in the
3 bargaining unit or certifying a labor organization as the
4 exclusive representative of employees in an appropriate
5 bargaining unit because of a determination by the Board that
6 the labor organization is the historical bargaining
7 representative of employees in the bargaining unit, is a
8 final order. Any person aggrieved by any such order issued
9 on or after the effective date of this amendatory Act of 1987
10 may apply for and obtain judicial review in accordance with
11 provisions of the Administrative Review Law, as now or
12 hereafter amended, except that such review shall be afforded
13 directly in the Appellate Court for the district in which the
14 aggrieved party resides or transacts business. Any direct
15 appeal to the Appellate Court shall be filed within 35 days
16 from the date that a copy of the decision sought to be
17 reviewed was served upon the party affected by the decision.
18 (Source: P.A. 87-736; 88-1.)
19 (5 ILCS 315/20) (from Ch. 48, par. 1620)
20 Sec. 20. Prohibitions.
21 (a) Nothing in this Act shall be construed to require an
22 individual employee to render labor or service without his
23 consent, nor shall anything in this Act be construed to make
24 the quitting of his labor by an individual employee an
25 illegal act; nor shall any court issue any process to compel
26 the performance by an individual employee of such labor or
27 service, without his consent; nor shall the quitting of labor
28 by an employee or employees in good faith because of
29 abnormally dangerous conditions for work at the place of
30 employment of such employee be deemed a strike under this
31 Act.
32 (b) This Act shall not be applicable to units of local
33 government employing less than 35 employees, except (i) with
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1 respect to bargaining units in existence on the effective
2 date of this Act and fire protection districts required by
3 the Fire Protection District Act to appoint a Board of Fire
4 Commissioners and (ii) as provided by subsection (a-5) of
5 Section 9.
6 (Source: P.A. 87-736.)
7 Section 99. Effective date. This Act takes effect July
8 1, 1999.".