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Rep. Elizabeth Hernandez
Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 259
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| 2 | | AMENDMENT NO. ______. Amend House Bill 259 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Public Labor Relations Act is |
| 5 | | amended by changing Section 3 as follows:
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| 6 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
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| 7 | | Sec. 3. Definitions. As used in this Act, unless the |
| 8 | | context
otherwise requires:
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| 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.
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| 13 | | (b) "Collective bargaining" means bargaining over terms |
| 14 | | and conditions
of employment, including hours, wages, and other |
| 15 | | conditions of employment,
as detailed in Section 7 and which |
| 16 | | are not excluded by Section 4.
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| 1 | | (c) "Confidential employee" means an employee who, in the |
| 2 | | regular course
of his or her duties, assists and acts in a |
| 3 | | confidential capacity to persons
who formulate, determine, and |
| 4 | | effectuate management policies with regard
to labor relations |
| 5 | | or who, in the regular course of his or her duties, has
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| 6 | | authorized access to information relating to the effectuation
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| 7 | | or review of the employer's collective bargaining policies.
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| 8 | | (d) "Craft employees" means skilled journeymen, crafts |
| 9 | | persons, and their
apprentices and helpers.
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| 10 | | (e) "Essential services employees" means those public |
| 11 | | employees
performing functions so essential that the |
| 12 | | interruption or termination of
the function will constitute a |
| 13 | | clear and present danger to the health and
safety of the |
| 14 | | persons in the affected community.
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| 15 | | (f) "Exclusive representative", except with respect to |
| 16 | | non-State fire
fighters and paramedics employed by fire |
| 17 | | departments and fire protection
districts, non-State peace |
| 18 | | officers, and peace officers in the
Department of State Police, |
| 19 | | means the labor organization that has
been (i) designated by |
| 20 | | the Board as the representative of a majority of public
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| 21 | | employees in an appropriate bargaining unit in accordance with |
| 22 | | the procedures
contained in this Act, (ii) historically
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| 23 | | recognized by the State of Illinois or
any political |
| 24 | | subdivision of the State before July 1, 1984
(the effective |
| 25 | | date of this
Act) as the exclusive representative of the |
| 26 | | employees in an appropriate
bargaining unit, (iii) after July |
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| 1 | | 1, 1984 (the
effective date of this Act) recognized by an
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| 2 | | employer upon evidence, acceptable to the Board, that the labor
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| 3 | | organization has been designated as the exclusive |
| 4 | | representative by a
majority of the employees in an appropriate |
| 5 | | bargaining unit;
(iv) recognized as the exclusive |
| 6 | | representative of personal care attendants
or personal
|
| 7 | | assistants under Executive Order 2003-8 prior to the effective |
| 8 | | date of this
amendatory
Act of the 93rd General Assembly, and |
| 9 | | the organization shall be considered to
be the
exclusive |
| 10 | | representative of the personal care attendants or personal |
| 11 | | assistants
as defined
in this Section; or (v) recognized as the |
| 12 | | exclusive representative of child and day care home providers, |
| 13 | | including licensed and license exempt providers, pursuant to an |
| 14 | | election held under Executive Order 2005-1 prior to the |
| 15 | | effective date of this amendatory Act of the 94th General |
| 16 | | Assembly, and the organization shall be considered to be the |
| 17 | | exclusive representative of the child and day care home |
| 18 | | providers as defined in this Section.
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| 19 | | With respect to non-State fire fighters and paramedics |
| 20 | | employed by fire
departments and fire protection districts, |
| 21 | | non-State peace officers, and
peace officers in the Department |
| 22 | | of State Police,
"exclusive representative" means the labor |
| 23 | | organization that has
been (i) designated by the Board as the |
| 24 | | representative of a majority of peace
officers or fire fighters |
| 25 | | in an appropriate bargaining unit in accordance
with the |
| 26 | | procedures contained in this Act, (ii)
historically recognized
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| 1 | | by the State of Illinois or any political subdivision of the |
| 2 | | State before
January 1, 1986 (the effective date of this |
| 3 | | amendatory Act of 1985) as the exclusive
representative by a |
| 4 | | majority of the peace officers or fire fighters in an
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| 5 | | appropriate bargaining unit, or (iii) after January 1,
1986 |
| 6 | | (the effective date of this amendatory
Act of 1985) recognized |
| 7 | | by an employer upon evidence, acceptable to the
Board, that the |
| 8 | | labor organization has been designated as the exclusive
|
| 9 | | representative by a majority of the peace officers or fire |
| 10 | | fighters in an
appropriate bargaining unit.
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| 11 | | Where a historical pattern of representation exists for the |
| 12 | | workers of a water system that was owned by a public utility, |
| 13 | | as defined in Section 3-105 of the Public Utilities Act, prior |
| 14 | | to becoming certified employees of a municipality or |
| 15 | | municipalities once the municipality or municipalities have |
| 16 | | acquired the water system as authorized in Section 11-124-5 of |
| 17 | | the Illinois Municipal Code, the Board shall find the labor |
| 18 | | organization that has historically represented the workers to |
| 19 | | be the exclusive representative under this Act, and shall find |
| 20 | | the unit represented by the exclusive representative to be the |
| 21 | | appropriate unit. |
| 22 | | (g) "Fair share agreement" means an agreement between the |
| 23 | | employer and
an employee organization under which all or any of |
| 24 | | the employees in a
collective bargaining unit are required to |
| 25 | | pay their proportionate share of
the costs of the collective |
| 26 | | bargaining process, contract administration, and
pursuing |
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| 1 | | matters affecting wages, hours, and other conditions of |
| 2 | | employment,
but not to exceed the amount of dues uniformly |
| 3 | | required of members. The
amount certified by the exclusive |
| 4 | | representative shall not include any fees
for contributions |
| 5 | | related to the election or support of any candidate for
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| 6 | | political office. Nothing in this subsection (g) shall
preclude |
| 7 | | an employee from making
voluntary political contributions in |
| 8 | | conjunction with his or her fair share
payment.
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| 9 | | (g-1) "Fire fighter" means, for the purposes of this Act |
| 10 | | only, any
person who has been or is hereafter appointed to a |
| 11 | | fire department or fire
protection district or employed by a |
| 12 | | state university and sworn or
commissioned to perform fire |
| 13 | | fighter duties or paramedic duties, except that the
following |
| 14 | | persons are not included: part-time fire fighters,
auxiliary, |
| 15 | | reserve or voluntary fire fighters, including paid on-call fire
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| 16 | | fighters, clerks and dispatchers or other civilian employees of |
| 17 | | a fire
department or fire protection district who are not |
| 18 | | routinely expected to
perform fire fighter duties, or elected |
| 19 | | officials.
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| 20 | | (g-2) "General Assembly of the State of Illinois" means the
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| 21 | | legislative branch of the government of the State of Illinois, |
| 22 | | as provided
for under Article IV of the Constitution of the |
| 23 | | State of Illinois, and
includes but is not limited to the House |
| 24 | | of Representatives, the Senate,
the Speaker of the House of |
| 25 | | Representatives, the Minority Leader of the
House of |
| 26 | | Representatives, the President of the Senate, the Minority |
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| 1 | | Leader
of the Senate, the Joint Committee on Legislative |
| 2 | | Support Services and any
legislative support services agency |
| 3 | | listed in the Legislative Commission
Reorganization Act of |
| 4 | | 1984.
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| 5 | | (h) "Governing body" means, in the case of the State, the |
| 6 | | State Panel of
the Illinois Labor Relations Board, the Director |
| 7 | | of the Department of Central
Management Services, and the |
| 8 | | Director of the Department of Labor; the county
board in the |
| 9 | | case of a county; the corporate authorities in the case of a
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| 10 | | municipality; and the appropriate body authorized to provide |
| 11 | | for expenditures
of its funds in the case of any other unit of |
| 12 | | government.
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| 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.
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| 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.
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| 22 | | (k) "Peace officer" means, for the purposes of this Act |
| 23 | | only, any persons who have been or are hereafter appointed to a |
| 24 | | coroner's office and any
persons who have been or are hereafter |
| 25 | | appointed to a police force,
department, or agency and sworn or |
| 26 | | commissioned to perform police duties,
except that the |
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| 1 | | following persons are not
included: part-time police
officers, |
| 2 | | special police officers, auxiliary police as defined by Section
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| 3 | | 3.1-30-20 of the Illinois Municipal Code, night watchmen, |
| 4 | | "merchant police",
court security officers as defined by |
| 5 | | Section 3-6012.1 of the Counties
Code,
temporary employees, |
| 6 | | traffic guards or wardens, civilian parking meter and
parking |
| 7 | | facilities personnel or other individuals specially appointed |
| 8 | | to
aid or direct traffic at or near schools or public functions |
| 9 | | or to aid in
civil defense or disaster, parking enforcement |
| 10 | | employees who are not
commissioned as peace officers and who |
| 11 | | are not armed and who are not
routinely expected to effect |
| 12 | | arrests, parking lot attendants, clerks and
dispatchers or |
| 13 | | other civilian employees of a police department who are not
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| 14 | | routinely expected to effect arrests, or elected officials.
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| 15 | | (l) "Person" includes one or more individuals, labor |
| 16 | | organizations, public
employees, associations, corporations, |
| 17 | | legal representatives, trustees,
trustees in bankruptcy, |
| 18 | | receivers, or the State of Illinois or any political
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| 19 | | subdivision of the State or governing body, but does not |
| 20 | | include the General
Assembly of the State of Illinois or any |
| 21 | | individual employed by the General
Assembly of the State of |
| 22 | | Illinois.
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| 23 | | (m) "Professional employee" means any employee engaged in |
| 24 | | work predominantly
intellectual and varied in character rather |
| 25 | | than routine mental, manual,
mechanical or physical work; |
| 26 | | involving the consistent exercise of discretion
and adjustment |
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| 1 | | in its performance; of such a character that the output |
| 2 | | produced
or the result accomplished cannot be standardized in |
| 3 | | relation to a given
period of time; and requiring advanced |
| 4 | | knowledge in a field of science or
learning customarily |
| 5 | | acquired by a prolonged course of specialized intellectual
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| 6 | | instruction and study in an institution of higher learning or a |
| 7 | | hospital,
as distinguished from a general academic education or |
| 8 | | from apprenticeship
or from training in the performance of |
| 9 | | routine mental, manual, or physical
processes; or any employee |
| 10 | | who has completed the courses of specialized
intellectual |
| 11 | | instruction and study prescribed in this subsection (m) and is
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| 12 | | performing related
work under the supervision of a professional |
| 13 | | person to qualify to become
a professional employee as defined |
| 14 | | in this subsection (m).
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| 15 | | (n) "Public employee" or "employee", for the purposes of |
| 16 | | this Act, means
any individual employed by a public employer, |
| 17 | | including (i) interns and residents
at public hospitals, (ii) |
| 18 | | as of the effective date of this amendatory Act of the 93rd |
| 19 | | General
Assembly, but not
before, personal care attendants and |
| 20 | | personal assistants working under the Home
Services
Program |
| 21 | | under Section 3 of the Disabled Persons Rehabilitation Act, |
| 22 | | subject to
the
limitations set forth in this Act and in the |
| 23 | | Disabled Persons Rehabilitation
Act,
(iii) as of the effective |
| 24 | | date of this amendatory Act of the 94th General Assembly, but |
| 25 | | not before, child and day care home providers participating in |
| 26 | | the child care assistance program under Section 9A-11 of the |
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| 1 | | Illinois Public Aid Code, subject to the limitations set forth |
| 2 | | in this Act and in Section 9A-11 of the Illinois Public Aid |
| 3 | | Code, and (iv) as of the effective date of this amendatory Act |
| 4 | | of the 97th General Assembly, but not before except as |
| 5 | | otherwise provided in this subsection (n), home care and home |
| 6 | | health workers who function as personal care attendants, |
| 7 | | personal assistants, and individual maintenance home health |
| 8 | | workers and who also work under the Home Services Program under |
| 9 | | Section 3 of the Disabled Persons Rehabilitation Act, no matter |
| 10 | | whether the State provides those services through direct |
| 11 | | fee-for-service arrangements, with the assistance of a managed |
| 12 | | care organization or other intermediary, or otherwise, but |
| 13 | | excluding all of the following: employees of the
General |
| 14 | | Assembly of the State of Illinois; elected officials; executive
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| 15 | | heads of a department; members of boards or commissions; the |
| 16 | | Executive
Inspectors General; any special Executive Inspectors |
| 17 | | General; employees of each
Office of an Executive Inspector |
| 18 | | General;
commissioners and employees of the Executive Ethics |
| 19 | | Commission; the Auditor
General's Inspector General; employees |
| 20 | | of the Office of the Auditor General's
Inspector General; the |
| 21 | | Legislative Inspector General; any special Legislative
|
| 22 | | Inspectors General; employees of the Office
of the Legislative |
| 23 | | Inspector General;
commissioners and employees of the |
| 24 | | Legislative Ethics Commission;
employees
of any
agency, board |
| 25 | | or commission created by this Act; employees appointed to
State |
| 26 | | positions of a temporary or emergency nature; all employees of |
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| 1 | | school
districts and higher education institutions except |
| 2 | | firefighters and peace
officers employed
by a state university |
| 3 | | and except peace officers employed by a school district in its |
| 4 | | own police department in existence on the effective date of |
| 5 | | this amendatory Act of the 96th General Assembly; managerial |
| 6 | | employees; short-term employees;
confidential employees; |
| 7 | | independent contractors; and supervisors except as
provided in |
| 8 | | this Act.
|
| 9 | | Home care
and home health workers who function as personal |
| 10 | | care attendants, personal assistants, and individual |
| 11 | | maintenance home health workers and who also work under the |
| 12 | | Home Services Program under Section 3 of the Disabled Persons |
| 13 | | Rehabilitation Act shall not be considered
public
employees for |
| 14 | | any purposes not specifically provided for in Public Act 93-204 |
| 15 | | or this amendatory Act of the 97th General Assembly, including |
| 16 | | but not limited to, purposes of vicarious
liability in tort
and |
| 17 | | purposes of statutory retirement or health insurance benefits. |
| 18 | | Home care and home health workers who function as personal
care
|
| 19 | | attendants, personal assistants, and individual maintenance |
| 20 | | home health workers and who also work under the Home Services |
| 21 | | Program under Section 3 of the Disabled Persons Rehabilitation |
| 22 | | Act shall not be covered by the State Employees
Group
Insurance |
| 23 | | Act of 1971 (5 ILCS 375/).
|
| 24 | | Child and day care home providers shall not be considered |
| 25 | | public employees for any purposes not specifically provided for |
| 26 | | in this amendatory Act of the 94th General Assembly, including |
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| 1 | | but not limited to, purposes of vicarious liability in tort and |
| 2 | | purposes of statutory retirement or health insurance benefits. |
| 3 | | Child and day care home providers shall not be covered by the |
| 4 | | State Employees Group Insurance Act of 1971. |
| 5 | | Notwithstanding Section 9, subsection (c), or any other |
| 6 | | provisions of
this Act, all peace officers above the rank of |
| 7 | | captain in
municipalities with more than 1,000,000 inhabitants |
| 8 | | shall be excluded
from this Act.
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| 9 | | (o) Except as otherwise in subsection (o-5), "public |
| 10 | | employer" or "employer" means the State of Illinois; any
|
| 11 | | political subdivision of the State, unit of local government or |
| 12 | | school
district; authorities including departments, divisions, |
| 13 | | bureaus, boards,
commissions, or other agencies of the |
| 14 | | foregoing entities; and any person
acting within the scope of |
| 15 | | his or her authority, express or implied, on
behalf of those |
| 16 | | entities in dealing with its employees.
As of the effective |
| 17 | | date of the amendatory Act of the 93rd General Assembly,
but |
| 18 | | not
before, the State of Illinois shall be considered the |
| 19 | | employer of the personal
care
attendants and personal |
| 20 | | assistants working under the Home Services Program
under
|
| 21 | | Section 3 of the Disabled Persons Rehabilitation Act, subject |
| 22 | | to the
limitations set forth
in this Act and in the Disabled |
| 23 | | Persons Rehabilitation Act. As of the effective date of this |
| 24 | | amendatory Act of the 97th General Assembly, but not before |
| 25 | | except as otherwise provided in this subsection (o), the State |
| 26 | | shall be considered the employer of home care and home health |
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| 1 | | workers who function as personal care attendants, personal |
| 2 | | assistants, and individual maintenance home health workers and |
| 3 | | who also work under the Home Services Program under Section 3 |
| 4 | | of the Disabled Persons Rehabilitation Act, no matter whether |
| 5 | | the State provides those services through direct |
| 6 | | fee-for-service arrangements, with the assistance of a managed |
| 7 | | care organization or other intermediary, or otherwise, but |
| 8 | | subject to the limitations set forth in this Act and the |
| 9 | | Disabled Persons Rehabilitation Act. The State shall not
be
|
| 10 | | considered to be the employer of home care and home health |
| 11 | | workers who function as personal care attendants, personal
|
| 12 | | assistants, and individual maintenance home health workers and |
| 13 | | who also work under the Home Services Program under Section 3 |
| 14 | | of the Disabled Persons Rehabilitation Act, for any
purposes |
| 15 | | not specifically provided for in Public Act 93-204 or this |
| 16 | | amendatory Act of the 97th General Assembly, including but not |
| 17 | | limited to, purposes of vicarious liability in tort
and
|
| 18 | | purposes of statutory retirement or health insurance benefits. |
| 19 | | Home care and home health workers who function as personal care
|
| 20 | | attendants,
personal assistants, and individual maintenance |
| 21 | | home health workers and who also work under the Home Services |
| 22 | | Program under Section 3 of the Disabled Persons Rehabilitation |
| 23 | | Act shall not be covered by the State Employees Group
Insurance |
| 24 | | Act of 1971
(5 ILCS 375/).
As of the effective date of this |
| 25 | | amendatory Act of the 94th General Assembly but not before, the |
| 26 | | State of Illinois shall be considered the employer of the day |
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| 1 | | and child care home providers participating in the child care |
| 2 | | assistance program under Section 9A-11 of the Illinois Public |
| 3 | | Aid Code, subject to the limitations set forth in this Act and |
| 4 | | in Section 9A-11 of the Illinois Public Aid Code. The State |
| 5 | | shall not be considered to be the employer of child and day |
| 6 | | care home providers for any purposes not specifically provided |
| 7 | | for in this amendatory Act of the 94th General Assembly, |
| 8 | | including but not limited to, purposes of vicarious liability |
| 9 | | in tort and purposes of statutory retirement or health |
| 10 | | insurance benefits. Child and day care home providers shall not |
| 11 | | be covered by the State Employees Group Insurance Act of 1971. |
| 12 | | "Public employer" or
"employer" as used in this Act, |
| 13 | | however, does not
mean and shall not include the General |
| 14 | | Assembly of the State of Illinois,
the Executive Ethics |
| 15 | | Commission, the Offices of the Executive Inspectors
General, |
| 16 | | the Legislative Ethics Commission, the Office of the |
| 17 | | Legislative
Inspector General, the Office of the Auditor |
| 18 | | General's Inspector General,
and educational employers or |
| 19 | | employers as defined in the Illinois
Educational Labor |
| 20 | | Relations Act, except with respect to a state university in
its |
| 21 | | employment of firefighters and peace officers and except with |
| 22 | | respect to a school district in the employment of peace |
| 23 | | officers in its own police department in existence on the |
| 24 | | effective date of this amendatory Act of the 96th General |
| 25 | | Assembly. County boards and county
sheriffs shall be
designated |
| 26 | | as joint or co-employers of county peace officers appointed
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| 1 | | under the authority of a county sheriff. Nothing in this |
| 2 | | subsection
(o) shall be construed
to prevent the State Panel or |
| 3 | | the Local Panel
from determining that employers are joint or |
| 4 | | co-employers.
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| 5 | | (o-5) With respect to
wages, fringe
benefits, hours, |
| 6 | | holidays, vacations, proficiency
examinations, sick leave, and |
| 7 | | other conditions of
employment, the public employer of public |
| 8 | | employees who are court reporters, as
defined in the Court |
| 9 | | Reporters Act, shall be determined as
follows:
|
| 10 | | (1) For court reporters employed by the Cook County |
| 11 | | Judicial
Circuit, the chief judge of the Cook County |
| 12 | | Circuit
Court is the public employer and employer |
| 13 | | representative.
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| 14 | | (2) For court reporters employed by the 12th, 18th, |
| 15 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
| 16 | | circuits, a group consisting of the chief judges of those |
| 17 | | circuits, acting
jointly by majority vote, is the public |
| 18 | | employer and employer representative.
|
| 19 | | (3) For court reporters employed by all other judicial |
| 20 | | circuits,
a group consisting of the chief judges of those |
| 21 | | circuits, acting jointly by
majority vote, is the public |
| 22 | | employer and employer representative.
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| 23 | | (p) "Security employee" means an employee who is |
| 24 | | responsible for the
supervision and control of inmates at |
| 25 | | correctional facilities. The term
also includes other |
| 26 | | non-security employees in bargaining units having the
majority |
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| 1 | | of employees being responsible for the supervision and control |
| 2 | | of
inmates at correctional facilities.
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| 3 | | (q) "Short-term employee" means an employee who is employed |
| 4 | | for less
than 2 consecutive calendar quarters during a calendar |
| 5 | | year and who does
not have a reasonable assurance that he or |
| 6 | | she will be rehired by the
same employer for the same service |
| 7 | | in a subsequent calendar year.
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| 8 | | (r) "Supervisor" is an employee whose principal work is |
| 9 | | substantially
different from that of his or her subordinates |
| 10 | | and who has authority, in the
interest of the employer, to |
| 11 | | hire, transfer, suspend, lay off, recall,
promote, discharge, |
| 12 | | direct, reward, or discipline employees, to adjust
their |
| 13 | | grievances, or to effectively recommend any of those actions, |
| 14 | | if the
exercise
of that authority is not of a merely routine or |
| 15 | | clerical nature, but
requires the consistent use of independent |
| 16 | | judgment. Except with respect to
police employment, the term |
| 17 | | "supervisor" includes only those individuals
who devote a |
| 18 | | preponderance of their employment time to exercising that
|
| 19 | | authority, State supervisors notwithstanding. In addition, in |
| 20 | | determining
supervisory status in police employment, rank |
| 21 | | shall not be determinative.
The Board shall consider, as |
| 22 | | evidence of bargaining unit inclusion or
exclusion, the common |
| 23 | | law enforcement policies and relationships between
police |
| 24 | | officer ranks and certification under applicable civil service |
| 25 | | law,
ordinances, personnel codes, or Division 2.1 of Article 10 |
| 26 | | of the Illinois
Municipal Code, but these factors shall not
be |
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| 1 | | the sole or predominant factors considered by the Board in |
| 2 | | determining
police supervisory status.
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| 3 | | Notwithstanding the provisions of the preceding paragraph, |
| 4 | | in determining
supervisory status in fire fighter employment, |
| 5 | | no fire fighter shall be
excluded as a supervisor who has |
| 6 | | established representation rights under
Section 9 of this Act. |
| 7 | | Further, in new fire fighter units, employees shall
consist of |
| 8 | | fire fighters of the rank of company officer and below. If a |
| 9 | | company officer otherwise qualifies as a supervisor under the |
| 10 | | preceding paragraph, however, he or she shall
not be included |
| 11 | | in the fire fighter
unit. If there is no rank between that of |
| 12 | | chief and the
highest company officer, the employer may |
| 13 | | designate a position on each
shift as a Shift Commander, and |
| 14 | | the persons occupying those positions shall
be supervisors. All |
| 15 | | other ranks above that of company officer shall be
supervisors.
|
| 16 | | (s)(1) "Unit" means a class of jobs or positions that are |
| 17 | | held by
employees whose collective interests may suitably be |
| 18 | | represented by a labor
organization for collective bargaining. |
| 19 | | Except with respect to non-State fire
fighters and paramedics |
| 20 | | employed by fire departments and fire protection
districts, |
| 21 | | non-State peace officers, and peace officers in the Department |
| 22 | | of
State Police, a bargaining unit determined by the Board |
| 23 | | shall not include both
employees and supervisors, or |
| 24 | | supervisors only, except as provided in paragraph
(2) of this |
| 25 | | subsection (s) and except for bargaining units in existence on |
| 26 | | July
1, 1984 (the effective date of this Act). With respect to |
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| 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 Police, |
| 4 | | a bargaining unit determined by the Board shall not include |
| 5 | | both
supervisors and nonsupervisors, or supervisors only, |
| 6 | | except as provided in
paragraph (2) of this subsection (s) and |
| 7 | | except for bargaining units in
existence on January 1, 1986 |
| 8 | | (the effective date of this amendatory Act of
1985). A |
| 9 | | bargaining unit determined by the Board to contain peace |
| 10 | | officers
shall contain no employees other than peace officers |
| 11 | | unless otherwise agreed to
by the employer and the labor |
| 12 | | organization or labor organizations involved.
Notwithstanding |
| 13 | | any other provision of this Act, a bargaining unit, including a
|
| 14 | | historical bargaining unit, containing sworn peace officers of |
| 15 | | the Department
of Natural Resources (formerly designated the |
| 16 | | Department of Conservation) shall
contain no employees other |
| 17 | | than such sworn peace officers upon the effective
date of this |
| 18 | | amendatory Act of 1990 or upon the expiration date of any
|
| 19 | | collective bargaining agreement in effect upon the effective |
| 20 | | date of this
amendatory Act of 1990 covering both such sworn |
| 21 | | peace officers and other
employees.
|
| 22 | | (2) Notwithstanding the exclusion of supervisors from |
| 23 | | bargaining units
as provided in paragraph (1) of this |
| 24 | | subsection (s), a public
employer may agree to permit its |
| 25 | | supervisory employees to form bargaining units
and may bargain |
| 26 | | with those units. This Act shall apply if the public employer
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| 1 | | chooses to bargain under this subsection.
|
| 2 | | (3) Public employees who are court reporters, as defined
in |
| 3 | | the Court Reporters Act,
shall be divided into 3 units for |
| 4 | | collective bargaining purposes. One unit
shall be court |
| 5 | | reporters employed by the Cook County Judicial Circuit; one
|
| 6 | | unit shall be court reporters employed by the 12th, 18th, 19th, |
| 7 | | and, on and after December 4, 2006, the 22nd judicial
circuits; |
| 8 | | and one unit shall be court reporters employed by all other
|
| 9 | | judicial circuits.
|
| 10 | | (Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11; |
| 11 | | 97-1158, eff. 1-29-13.)
|
| 12 | | Section 99. Effective date. This Act takes effect upon |
| 13 | | becoming law.".
|