[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
92_HB0913eng HB0913 Engrossed LRB9200716MWpk 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" 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. 17 (c) "Confidential employee" means an employee who, in 18 the regular course of his or her duties, assists and acts in 19 a confidential capacity to persons who formulate, determine, 20 and effectuate management policies with regard to labor 21 relations or who, in the regular course of his or her duties, 22 has authorized access to information relating to the 23 effectuation or review of the employer's collective 24 bargaining policies. 25 (d) "Craft employees" means skilled journeymen, crafts 26 persons, and their apprentices and helpers. 27 (e) "Essential services employees" means those public 28 employees performing functions so essential that the 29 interruption or termination of the function will constitute a 30 clear and present danger to the health and safety of the 31 persons in the affected community. HB0913 Engrossed -2- LRB9200716MWpk 1 (f) "Exclusive representative", except with respect to 2 non-State fire fighters and paramedics employed by fire 3 departments and fire protection districts, non-State peace 4 officers, and peace officers in the Department of State 5 Police, means the labor organization that has been (i) 6 designated by the Board as the representative of a majority 7 of public employees in an appropriate bargaining unit in 8 accordance with the procedures contained in this Act, (ii) 9 historically recognized by the State of Illinois or any 10 political subdivision of the State before July 1, 1984 (the 11 effective date of this Act) as the exclusive representative 12 of the employees in an appropriate bargaining unit, or (iii) 13 after July 1, 1984 (the effective date of this Act) 14 recognized by an employer upon evidence, acceptable to the 15 Board, that the labor organization has been designated as the 16 exclusive representative by a majority of the employees in an 17 appropriate bargaining unit. 18 With respect to non-State fire fighters and paramedics 19 employed by fire departments and fire protection districts, 20 non-State peace officers, and peace officers in the 21 Department of State Police, "exclusive representative" means 22 the labor organization that has been (i) designated by the 23 Board as the representative of a majority of peace officers 24 or fire fighters in an appropriate bargaining unit in 25 accordance with the procedures contained in this Act, (ii) 26 historically recognized by the State of Illinois or any 27 political subdivision of the State before January 1, 1986 28 (the effective date of this amendatory Act of 1985) as the 29 exclusive representative by a majority of the peace officers 30 or fire fighters in an appropriate bargaining unit, or (iii) 31 after January 1, 1986 (the effective date of this amendatory 32 Act of 1985) recognized by an employer upon evidence, 33 acceptable to the Board, that the labor organization has been 34 designated as the exclusive representative by a majority of HB0913 Engrossed -3- LRB9200716MWpk 1 the peace officers or fire fighters in an appropriate 2 bargaining unit. 3 (g) "Fair share agreement" means an agreement between 4 the employer and an employee organization under which all or 5 any of the employees in a collective bargaining unit are 6 required to pay their proportionate share of the costs of the 7 collective bargaining process, contract administration, and 8 pursuing matters affecting wages, hours, and other conditions 9 of employment, but not to exceed the amount of dues uniformly 10 required of members. The amount certified by the exclusive 11 representative shall not include any fees for contributions 12 related to the election or support of any candidate for 13 political office. Nothing in this subsection (g) shall 14 preclude an employee from making voluntary political 15 contributions in conjunction with his or her fair share 16 payment. 17 (g-1) "Fire fighter" means, for the purposes of this Act 18 only, any person who has been or is hereafter appointed to a 19 fire department or fire protection district or employed by a 20 state university and sworn or commissioned to perform fire 21 fighter duties or paramedic duties, except that the following 22 persons are not included: part-time fire fighters, auxiliary, 23 reserve or voluntary fire fighters, including paid on-call 24 fire fighters, clerks and dispatchers or other civilian 25 employees of a fire department or fire protection district 26 who are not routinely expected to perform fire fighter 27 duties, or elected officials. 28 (g-2) "General Assembly of the State of Illinois" means 29 the legislative branch of the government of the State of 30 Illinois, as provided for under Article IV of the 31 Constitution of the State of Illinois, and includes but is 32 not limited to the House of Representatives, the Senate, the 33 Speaker of the House of Representatives, the Minority Leader 34 of the House of Representatives, the President of the Senate, HB0913 Engrossed -4- LRB9200716MWpk 1 the Minority Leader of the Senate, the Joint Committee on 2 Legislative Support Services and any legislative support 3 services agency listed in the Legislative Commission 4 Reorganization Act of 1984. 5 (h) "Governing body" means, in the case of the State, 6 the State Panel of the Illinois Labor Relations Board, the 7 Director of the Department of Central Management Services, 8 and the Director of the Department of Labor; the county board 9 in the case of a county; the corporate authorities in the 10 case of a municipality; and the appropriate body authorized 11 to provide for expenditures of its funds in the case of any 12 other unit of government. 13 (i) "Labor organization" means any organization in which 14 public employees participate and that exists for the purpose, 15 in whole or in part, of dealing with a public employer 16 concerning wages, hours, and other terms and conditions of 17 employment, including the settlement of grievances. 18 (j) "Managerial employee" means an individual who is 19 engaged predominantly in executive and management functions 20 and is charged with the responsibility of directing the 21 effectuation of management policies and practices. No 22 employee may be considered a "managerial employee" because he 23 or she belongs to a classification of employees to whom 24 executive and management functions may be delegated without 25 proof that the employee has actually been delegated executive 26 and management functions on a regular basis. No employee may 27 be considered a "managerial employee" because he or she 28 performs professional duties. In determining an employee's 29 status as a "managerial employee", the Board shall consider 30 the employee's actual job duties and responsibilities and the 31 extent to which the employee has actual authority concerning 32 the overall operations and governance of the employee's 33 office or workplace. 34 (k) "Peace officer" means, for the purposes of this Act HB0913 Engrossed -5- LRB9200716MWpk 1 only, any persons who have been or are hereafter appointed to 2 a police force, department, or agency and sworn or 3 commissioned to perform police duties, except that the 4 following persons are not included: part-time police 5 officers, special police officers, auxiliary police as 6 defined by Section 3.1-30-20 of the Illinois Municipal Code, 7 night watchmen, "merchant police", court security officers as 8 defined by Section 3-6012.1 of the Counties Code, temporary 9 employees, traffic guards or wardens, civilian parking meter 10 and parking facilities personnel or other individuals 11 specially appointed to aid or direct traffic at or near 12 schools or public functions or to aid in civil defense or 13 disaster, parking enforcement employees who are not 14 commissioned as peace officers and who are not armed and who 15 are not routinely expected to effect arrests, parking lot 16 attendants, clerks and dispatchers or other civilian 17 employees of a police department who are not routinely 18 expected to effect arrests, or elected officials. 19 (l) "Person" includes one or more individuals, labor 20 organizations, public employees, associations, corporations, 21 legal representatives, trustees, trustees in bankruptcy, 22 receivers, or the State of Illinois or any political 23 subdivision of the State or governing body, but does not 24 include the General Assembly of the State of Illinois or any 25 individual employed by the General Assembly of the State of 26 Illinois. 27 (m) "Professional employee" means any employee engaged 28 in work predominantly intellectual and varied in character 29 rather than routine mental, manual, mechanical or physical 30 work; involving the consistent exercise of discretion and 31 adjustment in its performance; of such a character that the 32 output produced or the result accomplished cannot be 33 standardized in relation to a given period of time; and 34 requiring advanced knowledge in a field of science or HB0913 Engrossed -6- LRB9200716MWpk 1 learning customarily acquired by a prolonged course of 2 specialized intellectual instruction and study in an 3 institution of higher learning or a hospital, as 4 distinguished from a general academic education or from 5 apprenticeship or from training in the performance of routine 6 mental, manual, or physical processes; or any employee who 7 has completed the courses of specialized intellectual 8 instruction and study prescribed in this subsection (m) and 9 is performing related work under the supervision of a 10 professional person to qualify to become a professional 11 employee as defined in this subsection (m). 12 (n) "Public employee" or "employee", for the purposes of 13 this Act, means any individual employed by a public employer, 14 including interns and residents at public hospitals, but 15 excluding all of the following: employees of the General 16 Assembly of the State of Illinois; elected officials; 17 executive heads of a department; members of boards or 18 commissions; employees of any agency, board or commission 19 created by this Act; employees appointed to State positions 20 of a temporary or emergency nature; all employees of school 21 districts and higher education institutions except 22 firefighters and peace officers employed by a state 23 university; managerial employees; short-term employees; 24 confidential employees; independent contractors; and 25 supervisors except as provided in this Act. 26 Notwithstanding Section 9, subsection (c), or any other 27 provisions of this Act, all peace officers above the rank of 28 captain in municipalities with more than 1,000,000 29 inhabitants shall be excluded from this Act. 30 (o) "Public employer" or "employer" means the State of 31 Illinois; any political subdivision of the State, unit of 32 local government or school district; authorities including 33 departments, divisions, bureaus, boards, commissions, or 34 other agencies of the foregoing entities; and any person HB0913 Engrossed -7- LRB9200716MWpk 1 acting within the scope of his or her authority, express or 2 implied, on behalf of those entities in dealing with its 3 employees. "Public employer" or "employer" as used in this 4 Act, however, does not mean and shall not include the General 5 Assembly of the State of Illinois and educational employers 6 or employers as defined in the Illinois Educational Labor 7 Relations Act, except with respect to a state university in 8 its employment of firefighters and peace officers. County 9 boards and county sheriffs shall be designated as joint or 10 co-employers of county peace officers appointed under the 11 authority of a county sheriff. Nothing in this subsection 12 (o) shall be construed to prevent the State Panel or the 13 Local Panel from determining that employers are joint or 14 co-employers. 15 (p) "Security employee" means an employee who is 16 responsible for the supervision and control of inmates at 17 correctional facilities. The term also includes other 18 non-security employees in bargaining units having the 19 majority of employees being responsible for the supervision 20 and control of inmates at correctional facilities. 21 (q) "Short-term employee" means an employee who is 22 employed for less than 2 consecutive calendar quarters during 23 a calendar year and who does not have a reasonable assurance 24 that he or she will be rehired by the same employer for the 25 same service in a subsequent calendar year. 26 (r) "Supervisor" is an employee whose principal work is 27 substantially different from that of his or her subordinates 28 and who has authority, in the interest of the employer, to 29 hire, transfer, suspend, lay off, recall, promote, discharge, 30 direct, reward, or discipline employees, to adjust their 31 grievances, or to effectively recommend any of those actions, 32 if the exercise of that authority is not of a merely routine 33 or clerical nature, but requires the consistent use of 34 independent judgment. Except with respect to police HB0913 Engrossed -8- LRB9200716MWpk 1 employment, the term "supervisor" includes only those 2 individuals who devote a preponderance of their employment 3 time to exercising that authority, State supervisors 4 notwithstanding. In addition, in determining supervisory 5 status in police employment, rank shall not be determinative. 6 The Board shall consider, as evidence of bargaining unit 7 inclusion or exclusion, the common law enforcement policies 8 and relationships between police officer ranks and 9 certification under applicable civil service law, ordinances, 10 personnel codes, or Division 2.1 of Article 10 of the 11 Illinois Municipal Code, but these factors shall not be the 12 sole or predominant factors considered by the Board in 13 determining police supervisory status. 14 Notwithstanding the provisions of the preceding 15 paragraph, in determining supervisory status in fire fighter 16 employment, no fire fighter shall be excluded as a supervisor 17 who has established representation rights under Section 9 of 18 this Act. Further, in new fire fighter units, employees 19 shall consist of fire fighters of the rank of company officer 20 and below. If a company officer otherwise qualifies as a 21 supervisor under the preceding paragraph, however, he or she 22 shall not be included in the fire fighter unit. If there is 23 no rank between that of chief and the highest company 24 officer, the employer may designate a position on each shift 25 as a Shift Commander, and the persons occupying those 26 positions shall be supervisors. All other ranks above that 27 of company officer shall be supervisors. 28 (s) (1) "Unit" means a class of jobs or positions that 29 are held by employees whose collective interests may 30 suitably be represented by a labor organization for 31 collective bargaining. Except with respect to non-State 32 fire fighters and paramedics employed by fire departments 33 and fire protection districts, non-State peace officers, 34 and peace officers in the Department of State Police, a HB0913 Engrossed -9- LRB9200716MWpk 1 bargaining unit determined by the Board shall not include 2 both employees and supervisors, or supervisors only, 3 except as provided in paragraph (2) of this subsection 4 (s) and except for bargaining units in existence on July 5 1, 1984 (the effective date of this Act). With respect 6 to non-State fire fighters and paramedics employed by 7 fire departments and fire protection districts, non-State 8 peace officers, and peace officers in the Department of 9 State Police, a bargaining unit determined by the Board 10 shall not include both supervisors and nonsupervisors, or 11 supervisors only, except as provided in paragraph (2) of 12 this subsection (s) and except for bargaining units in 13 existence on January 1, 1986 (the effective date of this 14 amendatory Act of 1985). A bargaining unit determined by 15 the Board to contain peace officers shall contain no 16 employees other than peace officers unless otherwise 17 agreed to by the employer and the labor organization or 18 labor organizations involved. Notwithstanding any other 19 provision of this Act, a bargaining unit, including a 20 historical bargaining unit, containing sworn peace 21 officers of the Department of Natural Resources (formerly 22 designated the Department of Conservation) shall contain 23 no employees other than such sworn peace officers upon 24 the effective date of this amendatory Act of 1990 or upon 25 the expiration date of any collective bargaining 26 agreement in effect upon the effective date of this 27 amendatory Act of 1990 covering both such sworn peace 28 officers and other employees. 29 (2) Notwithstanding the exclusion of supervisors 30 from bargaining units as provided in paragraph (1) of 31 this subsection (s), a public employer may agree to 32 permit its supervisory employees to form bargaining units 33 and may bargain with those units. This Act shall apply 34 if the public employer chooses to bargain under this HB0913 Engrossed -10- LRB9200716MWpk 1 subsection. 2 (Source: P.A. 90-14, eff. 7-1-97; 90-655, eff. 7-30-98; 3 91-798, eff. 7-9-00.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.