Rep. John E. Bradley
Filed: 10/19/2015
 
 


 




09900HB0686ham002LRB099 04498 HLH 38695 a



1
AMENDMENT TO HOUSE BILL 686




2 AMENDMENT NO. ______. Amend House Bill 686, AS AMENDED, by 
3inserting the following Sections in their proper numeric 
4sequence as follows:


5 "Section 1. Short title. This Act may be cited as the Local 
6Government Taxpayer Protection Act of 2015.

7 Section 2. Legislative intent. As of 2015, Illinois 
8taxpayers are paying the second highest median property taxes 
9in the United States. While property taxes are a critical 
10source of revenue for units of local government, school 
11districts, and other local governmental entities, the high 
12property tax burden hinders economic growth. The General 
13Assembly finds that freezing property tax extensions until 
14voters, acting by referendum, approve an increase in the tax 
15extension will return control of local tax and spending policy 
16to voters and, as property values begin to grow, reduce 
 
 
09900HB0686ham002- 2 -LRB099 04498 HLH 38695 a


1property tax rates.
2 To ensure that units of local government, school districts, 
3and other governmental entities that depend upon property tax 
4revenue are able to continue providing critical services to 
5their residents notwithstanding this property tax freeze, the 
6General Assembly further finds that it is necessary to reduce 
7the State-imposed mandates on local governments that have 
8increased the cost of providing these services. These mandates 
9include the following:
10  (1) According to the United States Census Bureau's 2012 
11 report on state and local government finance, employee 
12 wages and benefits are the largest operational expense of 
13 local governments in Illinois. Although the Illinois 
14 Public Labor Relations Act and the Illinois Educational 
15 Labor Relations Act are intended to afford local 
16 governments with discretion over their budgets, employee 
17 costs remain a significant expense. The changes made by 
18 this amendatory Act of the 99th General Assembly to the 
19 Illinois Public Labor Relations Act and the Illinois 
20 Educational Labor Relations Act are intended to empower 
21 local governments to contain these costs.
22  (2) Despite critical infrastructure and capital needs, 
23 the cost of capital projects is often higher for local 
24 governments than for the private sector. In particular, 
25 labor costs are higher due to the State's mandated 
26 prevailing wage, which often exceeds the wage required for 
 
 
09900HB0686ham002- 3 -LRB099 04498 HLH 38695 a


1 federally funded projects and the wage that actually 
2 prevails in the market, and the use of project labor 
3 agreements.
4 The purpose of this amendatory Act of the 99th General 
5Assembly is to alleviate the property tax burden. To offset the 
6property tax freeze, it is necessary to reduce labor and 
7capital costs incurred by units of local government, school 
8districts, and other local governmental entities as a result of 
9State mandates.

10 Section 3. The Illinois Public Labor Relations Act is 
11amended by changing Section 4 and by adding Section 4.5 as 
12follows:

13 (5 ILCS 315/4) (from Ch. 48, par. 1604)

14 (Text of Section WITH the changes made by P.A. 98-599, 
15which has been held unconstitutional)
16 Sec. 4. Management Rights. 
17 (a) Employers shall not be required to bargain
over matters 
18of inherent managerial policy, which shall include such areas

19of discretion or policy as the functions of the employer, 
20standards of
services,
its overall budget, the organizational 
21structure and selection of new
employees, examination 
22techniques
and direction of employees. Employers, however, 
23shall be required to bargain
collectively with regard to
policy 
24matters directly affecting wages, hours and terms and 
 
 
09900HB0686ham002- 4 -LRB099 04498 HLH 38695 a


1conditions of employment
as well as the impact thereon upon 
2request by employee representatives, except as provided in this 
3Section or Section 7.5.


4 To preserve the rights of employers and exclusive 
5representatives which
have established collective bargaining 
6relationships or negotiated collective
bargaining agreements 
7prior to the effective date of this Act, employers
shall be 
8required to bargain collectively with regard to any matter 
9concerning
wages, hours or conditions of employment about which 
10they have bargained
for and agreed to in a collective 
11bargaining agreement
prior to the effective date of this Act, 
12except as provided in this Section or Section 7.5.


13 The chief judge of the judicial circuit that employs a 
14public employee who
is
a court reporter, as defined in the 
15Court Reporters Act, has the authority to
hire, appoint, 
16promote, evaluate, discipline, and discharge court reporters

17within that judicial circuit.


18 Nothing in this amendatory Act of the 94th General Assembly 
19shall
be construed to intrude upon the judicial functions of 
20any court. This
amendatory Act of the 94th General Assembly 
21applies only to nonjudicial
administrative matters relating to 
22the collective bargaining rights of court
reporters.


23 (b) In any unit of local government or school district to 
24which this subsection applies, as provided in Section 4.5 of 
25this Act, public employees or a labor organization may not 
26bargain collectively on: 
 
 
09900HB0686ham002- 5 -LRB099 04498 HLH 38695 a


1  (1) the decision of the employer to contract with a 
2 third party for any services, the process for bidding on 
3 such a contract, the identity of the provider of such 
4 services, or the effect of any such contract on bargaining 
5 unit members, provided that this subsection does not limit 
6 the ability of employees or a labor organization to bid on 
7 any such contract;
8  (2) any pay increase, either through changes to the pay 
9 schedule or as a result of accumulated years of service, in 
10 excess of the amount specified by ordinance or resolution 
11 of the governing authority of the public employer;
12  (3) the provision of any health insurance, including 
13 the payment of premiums, the extent of coverage, or the 
14 identity of the insurer;
15  (4) the use of employee time for business of the labor 
16 organization, other than reasonable time provided to an 
17 employee to attend a grievance hearing when his or her 
18 rights are substantially affected by the hearing or his or 
19 her testimony is needed for the determination of any 
20 substantial factual question;
21  (5) required levels of staffing for departments, 
22 divisions, shifts, stations, or assignments; or
23  (6) procedures, processes, forms, and criteria for 
24 personnel evaluations, or the use of evaluations or 
25 seniority in assignments, promotions, layoffs, and 
26 reductions-in-force.
 
 
09900HB0686ham002- 6 -LRB099 04498 HLH 38695 a


1 (c) Any agreement, understanding, or practice, whether 
2written or oral, and whether express or implied, between any 
3labor organization and any public employer made in violation of 
4this Section is hereby declared to be unlawful, null and void, 
5and of no legal effect. 
6(Source: P.A. 98-599, eff. 6-1-14.)

7 (Text of Section WITHOUT the changes made by P.A. 98-599, 
8which has been held unconstitutional)
9 Sec. 4. Management Rights.  
10 (a) Employers shall not be required to bargain
over matters 
11of inherent managerial policy, which shall include such areas

12of discretion or policy as the functions of the employer, 
13standards of
services,
its overall budget, the organizational 
14structure and selection of new
employees, examination 
15techniques
and direction of employees. Employers, however, 
16shall be required to bargain
collectively with regard to
policy 
17matters directly affecting wages, hours and terms and 
18conditions of employment
as well as the impact thereon upon 
19request by employee representatives, except as provided in this 
20Section.


21 To preserve the rights of employers and exclusive 
22representatives which
have established collective bargaining 
23relationships or negotiated collective
bargaining agreements 
24prior to the effective date of this Act, employers
shall be 
25required to bargain collectively with regard to any matter 
 
 
09900HB0686ham002- 7 -LRB099 04498 HLH 38695 a


1concerning
wages, hours or conditions of employment about which 
2they have bargained
for and agreed to in a collective 
3bargaining agreement
prior to the effective date of this Act, 
4except as provided in this Section.


5 The chief judge of the judicial circuit that employs a 
6public employee who
is
a court reporter, as defined in the 
7Court Reporters Act, has the authority to
hire, appoint, 
8promote, evaluate, discipline, and discharge court reporters

9within that judicial circuit.


10 Nothing in this amendatory Act of the 94th General Assembly 
11shall
be construed to intrude upon the judicial functions of 
12any court. This
amendatory Act of the 94th General Assembly 
13applies only to nonjudicial
administrative matters relating to 
14the collective bargaining rights of court
reporters.


15 (b) In any unit of local government or school district to 
16which this subsection applies, as provided in Section 4.5 of 
17this Act, public employees or a labor organization may not 
18bargain collectively on: 
19  (1) the decision of the employer to contract with a 
20 third party for any services, the process for bidding on 
21 such a contract, the identity of the provider of such 
22 services, or the effect of any such contract on bargaining 
23 unit members, provided that this subsection does not limit 
24 the ability of employees or a labor organization to bid on 
25 any such contract;
26  (2) any pay increase, either through changes to the pay 
 
 
09900HB0686ham002- 8 -LRB099 04498 HLH 38695 a


1 schedule or as a result of accumulated years of service, in 
2 excess of the amount specified by ordinance or resolution 
3 of the governing authority of the public employer;
4  (3) the provision of any health insurance, including 
5 the payment of premiums, the extent of coverage, or the 
6 identity of the insurer;
7  (4) the use of employee time for business of the labor 
8 organization, other than reasonable time provided to an 
9 employee to attend a grievance hearing when his or her 
10 rights are substantially affected by the hearing or his or 
11 her testimony is needed for the determination of any 
12 substantial factual question;
13  (5) required levels of staffing for departments, 
14 divisions, shifts, stations, or assignments; or
15  (6) procedures, processes, forms, and criteria for 
16 personnel evaluations, or the use of evaluations or 
17 seniority in assignments, promotions, layoffs, and 
18 reductions-in-force.
19 (c) Any agreement, understanding, or practice, whether 
20written or oral, and whether express or implied, between any 
21labor organization and any public employer made in violation of 
22this Section is hereby declared to be unlawful, null and void, 
23and of no legal effect. 
24(Source: P.A. 94-98, eff. 7-1-05.)


25 (5 ILCS 315/4.5 new)
 
 
09900HB0686ham002- 9 -LRB099 04498 HLH 38695 a


1 Sec. 4.5. Adoption of limitations on subjects of collective 
2bargaining.
3 (a) The county board or board of county commissioners of a 
4county may by ordinance elect to apply the limitations under 
5subsection (b) of Section 4 to bargaining with that county and 
6with any other public employer whose boundaries are entirely 
7within that county.
8 (b) The corporate authorities of a municipality may by 
9ordinance elect to apply the limitations under subsection (b) 
10of Section 4 to bargaining with that municipality and with any 
11other public employer whose boundaries are entirely within that 
12municipality.
13 (c) The governing authority of a unit of local government 
14or school district, including a county or municipality, may by 
15ordinance or resolution elect to apply the limitations under 
16subsection (b) of Section 4 to bargaining with that unit of 
17local government or school district.
18 (d) If a petition, signed by a number of registered voters 
19equal in number to at least 5% of the total number of 
20registered voters in a county or municipality, asking to apply 
21the limitations under subsection (b) of Section 4 to collective 
22bargaining in that county or municipality is presented to the 
23clerk of that county or municipality, the clerk shall certify 
24the question of whether to apply such limitations in that 
25county or municipality to the proper election authority, who 
26shall submit the question at the next election in accordance 
 
 
09900HB0686ham002- 10 -LRB099 04498 HLH 38695 a


1with the general election law.
2 The question of whether to apply the limitations under 
3subsection (b) of Section 4 shall be presented in substantially 
4the following form:
5  Shall each unit of local government and school district 
6 located within (legal name of the county or municipality) 
7 be free to determine certain matters without negotiating 
8 with employee unions, such as the use of service providers, 
9 the decision to provide health benefits, caps on total 
10 payroll, employees' use of government time for union 
11 matters, required staffing levels, evaluation procedures, 
12 and, in the case of schools, curriculum?
13 The votes must be recorded as "Yes" or "No". If a majority 
14of voters voting on the question are in favor of applying such 
15limitations, subsection (b) of Section 4 shall apply to 
16bargaining with that county or municipality and with any other 
17public employer whose boundaries are entirely within that 
18county or municipality.
19 (e) If a petition, signed by a number of registered voters 
20equal in number to at least 5% of the total number of 
21registered voters in a unit of local government or school 
22district, asking to apply the limitations under subsection (b) 
23of Section 4 to collective bargaining with that unit of local 
24government or school district is presented to the clerk of that 
25unit of local government or school district, the clerk shall 
26certify the question of whether to apply such limitations to 
 
 
09900HB0686ham002- 11 -LRB099 04498 HLH 38695 a


1that unit of local government or school district to the proper 
2election authority, who shall submit the question at the next 
3election in accordance with the general election law.
4 The question of whether to apply the limitations under 
5subsection (b) of Section 4 shall be presented in substantially 
6the following form:
7  Shall (the legal name of the unit of local government 
8 or school district) be free to determine certain matters 
9 without negotiating with employee unions, such as the use 
10 of service providers, the decision to provide health 
11 benefits, caps on total payroll, employees' use of 
12 government time for union matters, required staffing 
13 levels, evaluation procedures, and, in the case of schools, 
14 curriculum?
15 The votes must be recorded as "Yes" or "No". If a majority 
16of voters voting on the question are in favor of applying such 
17limitations, subsection (b) of Section 4 shall apply to 
18bargaining with that unit of local government or school 
19district. 

20 Section 10. The Local Government Energy Conservation Act is 
21amended by changing Section 3 as follows:

22 (50 ILCS 515/3)

23 Sec. 3. Applicable laws. Other State laws and related 
24administrative requirements apply to this Act, including, but 
 
 
09900HB0686ham002- 12 -LRB099 04498 HLH 38695 a


1not limited to, the following laws and related administrative 
2requirements: the Illinois Human Rights Act, the Prevailing 
3Wage Act, the Public Construction Bond Act, the Public Works 
4Preference Act (repealed on June 16, 2010 by Public Act 
596-929), the Employment of Illinois Workers on Public Works 
6Act, the Freedom of Information Act, the Open Meetings Act, the 
7Illinois Architecture Practice Act of 1989, the Professional 
8Engineering Practice Act of 1989, the Structural Engineering 
9Practice Act of 1989, the Local Government Professional 
10Services Selection Act, and the Contractor Unified License and 
11Permit Bond Act.

12(Source: P.A. 97-333, eff. 8-12-11.)

13 Section 15. The Local Government Facility Lease Act is 
14amended by changing Section 35 as follows:

15 (50 ILCS 615/35)

16 Sec. 35. Wage requirements. In order to protect the wages, 
17working conditions, and job opportunities of employees 
18employed by the lessee of leased facility property used for 
19airport purposes to perform work on the site of the leased 
20premises previously performed by employees of the lessor on the 
21site of the leased premises and who were in recognized 
22bargaining units at the time of the lease, the lessee, and any 
23subcontractor retained by the lessee to perform such work on 
24the site of the leased premises, shall be required to pay to 
 
 
09900HB0686ham002- 13 -LRB099 04498 HLH 38695 a


1those employees an amount not less than the economic equivalent 
2of the standard of wages and benefits enjoyed by the lessor's 
3employees who previously performed that work. The lessor shall 
4certify to the lessee the amount of wages and benefits (or 
5their equivalent) as of the time of the lease, and any changes 
6to those amounts as they may occur during the term of the 
7lease. All projects at the leased facility property used for 
8airport purposes shall be considered public works for purposes 
9of the Prevailing Wage Act.

10(Source: P.A. 94-750, eff. 5-9-06.)

11 Section 20. The Counties Code is amended by changing 
12Section 5-1134 as follows:

13 (55 ILCS 5/5-1134)
14 Sec. 5-1134. Project labor agreements.
15 (a) Any sports, arts, or entertainment facilities that 
16receive revenue from a tax imposed under subsection (b) of 
17Section 5-1030 of this Code shall be considered to be public 
18works within the meaning of the Prevailing Wage Act. The county 
19authorities responsible for the construction, renovation, 
20modification, or alteration of the sports, arts, or 
21entertainment facilities shall enter into project labor 
22agreements with labor organizations as defined in the National 
23Labor Relations Act to assure that no labor dispute interrupts 
24or interferes with the construction, renovation, modification, 
 
 
09900HB0686ham002- 14 -LRB099 04498 HLH 38695 a


1or alteration of the projects. 
2 (b) The project labor agreements must include the 
3following: 
4  (1) provisions establishing the minimum hourly wage 
5 for each class of labor organization employees; 
6  (2) provisions establishing the benefits and other 
7 compensation for such class of labor organization; and 
8  (3) provisions establishing that no strike or disputes 
9 will be engaged in by the labor organization employees. 
10 The county, taxing bodies, municipalities, and the labor 
11organizations shall have the authority to include other terms 
12and conditions as they deem necessary. 
13 (c) The project labor agreement shall be filed with the 
14Director of the Illinois Department of Labor in accordance with 
15procedures established by the Department. At a minimum, the 
16project labor agreement must provide the names, addresses, and 
17occupations of the owner of the facilities and the individuals 
18representing the labor organization employees participating in 
19the project labor agreement. The agreement must also specify 
20the terms and conditions required in subsection (b) of this 
21Section. 
22 (d) In any agreement for the construction or rehabilitation 
23of a facility using revenue generated under subsection (b) of 
24Section 5-1030 of this Code, in connection with the 
25prequalification of general contractors for construction or 
26rehabilitation of the facility, it shall be required that a 
 
 
09900HB0686ham002- 15 -LRB099 04498 HLH 38695 a


1commitment will be submitted detailing how the general 
2contractor will expend 15% or more of the aggregate dollar 
3value of the project as a whole with one or more minority-owned 
4businesses, female-owned businesses, or businesses owned by a 
5person with a disability, as these terms are defined in Section 
62 of the Business Enterprise for Minorities, Females, and 
7Persons with Disabilities Act.

8(Source: P.A. 98-313, eff. 8-12-13; 98-756, eff. 7-16-14.)

9 (60 ILCS 1/100-20 rep.)
10 Section 25. The Township Code is amended by repealing 
11Section 100-20.

12 Section 30. The School Code is amended by changing Section 
1319b-15 as follows:

14 (105 ILCS 5/19b-15)
15 Sec. 19b-15. Applicable laws.  Other State laws and related 
16administrative requirements apply to this Article, including, 
17but not limited to, the following laws and related 
18administrative requirements: the Illinois Human Rights Act, 
19the Prevailing Wage Act, the Public Construction Bond Act, the 
20Public Works Preference Act (repealed on June 16, 2010 by 
21Public Act 96-929), the Employment of Illinois Workers on 
22Public Works Act, the Freedom of Information Act, the Open 
23Meetings Act, the Illinois Architecture Practice Act of 1989, 
 
 
09900HB0686ham002- 16 -LRB099 04498 HLH 38695 a


1the Professional Engineering Practice Act of 1989, the 
2Structural Engineering Practice Act of 1989, the Local 
3Government Professional Services Selection Act, and the 
4Contractor Unified License and Permit Bond Act.

5(Source: P.A. 97-333, eff. 8-12-11.)

6 Section 35. The Public Community College Act is amended by 
7changing Section 1-3 as follows:

8 (110 ILCS 805/1-3)

9 Sec. 1-3. Applicable laws. Other State laws and related 
10administrative requirements apply to this Act, including, but 
11not limited to, the following laws and related administrative 
12requirements: the Illinois Human Rights Act, the Prevailing 
13Wage Act, the Public Construction Bond Act, the Employment of 
14Illinois Workers on Public Works Act, the Freedom of 
15Information Act, the Open Meetings Act, the Illinois 
16Architecture Practice Act of 1989, the Professional 
17Engineering Practice Act of 1989, the Structural Engineering 
18Practice Act of 1989, the Local Government Professional 
19Services Selection Act, and the Contractor Unified License and 
20Permit Bond Act. The provisions of the Procurement of Domestic 
21Products Act shall apply to this Act to the extent practicable, 
22provided that the Procurement of Domestic Products Act must not 
23be applied to this Act in a manner that is inconsistent with 
24the requirements of this Act.

 
 
09900HB0686ham002- 17 -LRB099 04498 HLH 38695 a


1(Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.)

2 Section 40. The Illinois Educational Labor Relations Act is 
3amended by changing Sections 4.5 and 7 and by adding Section 
44.7 as follows:




5 (115 ILCS 5/4.5)



6 Sec. 4.5. Subjects of collective bargaining. 

7 (a) Notwithstanding the existence of any other provision in 
8this Act or
other law, collective bargaining between an 
9educational employer whose
territorial boundaries are 
10coterminous with those of a city having a population
in
excess 
11of 500,000 and an exclusive representative of its employees may

12include any of the following
subjects:


13  (1) (Blank).


14  (2) Decisions to contract with a third party for one or 
15 more services
otherwise performed by employees in a 
16 bargaining unit and the
procedures for
obtaining such 
17 contract or the identity of the third party, except as 
18 provided in subsection (d).


19  (3) Decisions to layoff or reduce in force employees, 
20 except as provided in subsection (d) with respect to a 
21 layoff or reduction in force resulting from a service 
22 contract.


23  (4) Decisions to determine class size, class staffing 
24 and assignment,
class
schedules, academic calendar, length 
 
 
09900HB0686ham002- 18 -LRB099 04498 HLH 38695 a


1 of the work and school day with respect to a public school 
2 district organized under Article 34 of the School Code 
3 only, length of the work and school year with respect to a 
4 public school district organized under Article 34 of the 
5 School Code only, hours and places of instruction, or pupil

6 assessment policies.


7  (5) Decisions concerning use and staffing of 
8 experimental or pilot
programs and
decisions concerning 
9 use of technology to deliver educational programs and

10 services and staffing to provide the technology.

11 (b) The subject or matters described in subsection (a) are 
12permissive
subjects of bargaining between an educational 
13employer and an exclusive
representative of its employees and, 
14for the purpose of this Act, are within
the sole
discretion of 
15the educational employer to decide
to bargain, provided that 
16the educational employer is required to bargain
over the impact 
17of a decision concerning such subject or matter on the

18bargaining unit upon request by the exclusive representative. 
19During
this bargaining, the educational employer shall not be 
20precluded from
implementing its decision. If, after a 
21reasonable period of bargaining, a
dispute or impasse exists 
22between the educational employer and the
exclusive 
23representative, the dispute or impasse shall be resolved 
24exclusively
as set
forth in subsection (b) of Section 12 of 
25this Act in lieu of a strike under
Section 13 of this Act. 
26Neither the Board nor any mediator or fact-finder appointed 
 
 
09900HB0686ham002- 19 -LRB099 04498 HLH 38695 a


1pursuant to subsection (a-10) of Section 12 of this Act shall 
2have jurisdiction over such a dispute or impasse. 

3 (c) A provision in a collective bargaining agreement that 
4was rendered
null
and void
because it involved a
prohibited 
5subject of collective bargaining
under this subsection (c) as 
6this subsection (c) existed before the effective
date of
this 
7amendatory Act of the 93rd General Assembly
remains null and 
8void and
shall not otherwise be reinstated in any successor 
9agreement unless the
educational employer and exclusive 
10representative otherwise agree to
include an agreement reached 
11on a subject or matter described in
subsection (a) of this 
12Section as subsection (a) existed before this amendatory
Act of

13the 93rd General Assembly.

14 (d) In any public school district to which this subsection 
15applies, as provided in Section 4.7, public employees or a 
16labor organization may not bargain collectively on:
17  (1) the decision of the educational employer to 
18 contract with a third party for any services, the process 
19 for bidding on such a contract, the identity of the 
20 provider of such services, or the effect of any such 
21 contract on bargaining unit members, provided that this 
22 subsection does not limit the ability of educational 
23 employees or a labor organization to bid on any such 
24 contract;
25  (2) any pay increase, either through changes to the pay 
26 schedule or as a result of accumulated years of service, in 
 
 
09900HB0686ham002- 20 -LRB099 04498 HLH 38695 a


1 excess of the amount specified by resolution of the 
2 governing body of the public school district;
3  (3) the provision of any health insurance, including 
4 the payment of premiums, the extent of coverage, or the 
5 identity of the insurer;
6  (4) the use of educational employee time for business 
7 of the labor organization, other than reasonable time 
8 provided to an educational employee to attend a grievance 
9 hearing when his or her rights are substantially affected 
10 by the hearing or his or her testimony is needed for the 
11 determination of any substantial factual question;
12  (5) required levels of staffing for departments, 
13 divisions, shifts, stations, or assignments;
14  (6) procedures, processes, forms, and criteria for 
15 personnel evaluations, or the use of evaluations or 
16 seniority in assignments, promotions, layoffs, and 
17 reductions-in-force; or
18  (7) curriculum or standards of student academic 
19 performance, conduct, and discipline in school. 
20 (e) If subsection (b) of Section 4 of the Illinois Public 
21Labor Relations Act applies to a public school district, 
22educational employees or a labor organization may not bargain 
23collectively on the matters described in that subsection or on 
24the matters described in paragraph (7) of subsection (d) of 
25this Section.
26 (f) Any agreement, understanding, or practice, whether 
 
 
09900HB0686ham002- 21 -LRB099 04498 HLH 38695 a


1written or oral, and whether express or implied, between any 
2labor organization and any educational employer made in 
3violation of this Section is hereby declared to be unlawful, 
4null and void, and of no legal effect. 
5(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)


6 (115 ILCS 5/4.7 new)
7 Sec. 4.7. Adoption of limitations on subjects of collective 
8bargaining.
9 (a) The governing body of a public school district may by 
10resolution prohibit elect to apply the limitations under 
11subsection (d) of Section 4.5 to bargaining with that public 
12school district.
13 (b) If a petition, signed by a number of registered voters 
14equal in number to at least 5% of the total number of 
15registered voters in a public school district, asking to apply 
16the limitations under subsection (d) of Section 4.5 to that 
17public school district is presented to the clerk of that public 
18school district, the clerk shall certify the question of 
19whether to apply such limitations to that public school 
20district to the proper election authority, who shall submit the 
21question at the next election in accordance with the general 
22election law.
23 The question of whether to apply the limitations under 
24subsection (d) of Section 4.5 shall be presented in 
25substantially the following form:
 
 
09900HB0686ham002- 22 -LRB099 04498 HLH 38695 a


1  Shall (the legal name of the public school district) be 
2 free to determine certain matters without negotiating with 
3 employee unions, such as the use of service providers, the 
4 decision to provide health benefits, caps on total payroll, 
5 employees' use of government time for union matters, 
6 required staffing levels, evaluation procedures, and 
7 curriculum?
8 The votes must be recorded as "Yes" or "No". If a majority 
9of voters voting on the question are in favor of applying such 
10limitations, subsection (d) of Section 4.5 shall apply to 
11bargaining with that public school district. 




12 (115 ILCS 5/7) (from Ch. 48, par. 1707)



13 Sec. 7. Recognition of exclusive bargaining 
14representatives - unit
determination.  The Board is empowered 
15to administer the
recognition of bargaining representatives of 
16employees of public school
districts, including employees of 
17districts which have entered into joint
agreements, or 
18employees of public community college districts, or any
State 
19college or university, and any State agency whose major 
20function is
providing educational services, making certain 
21that each bargaining unit
contains employees with an 
22identifiable community of interest and that no unit
includes 
23both professional employees and nonprofessional employees 
24unless a
majority of employees in each group vote for inclusion 
25in the unit.

 
 
09900HB0686ham002- 23 -LRB099 04498 HLH 38695 a


1 (a) In determining the appropriateness of a unit, the Board

2shall decide in each case, in order to ensure employees the 
3fullest freedom
in exercising the rights guaranteed by this 
4Act, the unit appropriate for
the purpose of collective 
5bargaining, based upon but not limited to such
factors as 
6historical pattern of recognition, community of interest, 
7including
employee skills and functions, degree of functional 
8integration,
interchangeability and contact among employees, 
9common supervision, wages,
hours and other working conditions 
10of the employees involved, and the desires
of the employees. 
11Nothing in this Act, except as herein provided, shall
interfere 
12with or negate the
current representation rights or patterns 
13and practices of employee
organizations which have 
14historically represented employees for the purposes of

15collective bargaining, including but not limited to the 
16negotiations of wages,
hours and working conditions, 
17resolutions of employees' grievances, or
resolution of 
18jurisdictional disputes, or the establishment and maintenance 
19of
prevailing wage rates, unless a majority of the employees so 
20represented
expresses a contrary desire under the procedures 
21set forth in this Act. This
Section, however, does not prohibit 
22multi-unit bargaining. Notwithstanding the
above factors, 
23where the majority of public employees of a craft so decide, 
24the
Board shall designate such craft as a unit appropriate for 
25the purposes of
collective bargaining.

26 The sole appropriate bargaining unit for tenured and 
 
 
09900HB0686ham002- 24 -LRB099 04498 HLH 38695 a


1tenure-track
academic faculty at
each campus
of
the
University 
2of Illinois shall be a unit that is comprised of

3non-supervisory academic faculty employed more than half-time 
4and
that includes all tenured and tenure-track
faculty
of that 
5University campus employed by the board of trustees in all of 
6the campus's undergraduate, graduate, and
professional
schools 
7and degree and non-degree programs
(with the exception of the 
8college of medicine, the college of pharmacy,
the college of 
9dentistry, the college of law, and the college of veterinary

10medicine, each of which shall have its own separate unit), 
11regardless of
current
or
historical representation rights or 
12patterns or the application of any
other factors. Any decision, 
13rule, or regulation promulgated by the
Board to the contrary 
14shall be null and void.

15 (b) An educational employer shall voluntarily recognize a 
16labor organization
for collective bargaining purposes if that 
17organization appears to represent
a majority of employees in 
18the unit. The employer shall post notice
of its intent to so 
19recognize for a period of at least 20 school days on
bulletin 
20boards or other places used or reserved for employee notices.

21Thereafter, the employer, if satisfied as to the majority 
22status of the
employee organization, shall send written 
23notification of such recognition
to the Board for 
24certification.
Any dispute regarding the majority status of
a 
25labor organization shall be
resolved by the Board which shall 
26make the determination of majority
status.

 
 
09900HB0686ham002- 25 -LRB099 04498 HLH 38695 a


1 Within the 20 day notice period, however, any other 
2interested employee
organization may petition the Board to seek 
3recognition as the exclusive
representative of the unit in the 
4manner specified by rules and regulations
prescribed by the 
5Board, if such interested employee organization has been

6designated by at least 15% of the employees in an appropriate 
7bargaining unit
which includes all or some of the employees in 
8the unit intended to be
recognized by the employer. In such 
9event, the Board shall proceed with the
petition in the same 
10manner as provided in paragraph (c) of this Section.

11 (c) A labor organization may also gain recognition as the 
12exclusive
representative by an election of the employees in the 
13unit. Petitions
requesting an election may be filed with the 
14Board:


15  (1) by an employee or group of employees or any labor 
16 organizations acting
on their behalf alleging and 
17 presenting evidence that 30% or more of the
employees in a 
18 bargaining unit wish to be represented for collective 
19 bargaining
or that the labor organization which has been 
20 acting as the exclusive
bargaining representative is no 
21 longer representative of a majority of the
employees in the 
22 unit; or


23  (2) by an employer alleging that one or more labor 
24 organizations have
presented a claim to be recognized as an 
25 exclusive bargaining representative
of a majority of the 
26 employees in an appropriate unit and that it doubts
the 
 
 
09900HB0686ham002- 26 -LRB099 04498 HLH 38695 a


1 majority status of any of the organizations or that it 
2 doubts the majority
status of an exclusive bargaining 
3 representative.

4 The Board shall investigate the petition and if it has 
5reasonable cause to
suspect that a question of representation 
6exists, it shall give notice and
conduct a hearing. If it finds 
7upon the record of the hearing that a question
of 
8representation exists, it shall direct an election, which shall 
9be held no
later than 90 days after the date the petition was 
10filed. Nothing prohibits
the waiving of hearings by the parties 
11and the conduct of consent elections.

12 (c-5) The Board shall designate an exclusive 
13representative for purposes
of
collective bargaining when the 
14representative demonstrates a showing of
majority interest by 
15employees in the unit. If the parties to a dispute are
without

16agreement on the means to ascertain the choice, if any, of 
17employee
organization as their representative, the Board shall 
18ascertain the employees'
choice of
employee organization, on 
19the basis of dues deduction authorization or other
evidence, 
20or, if necessary, by conducting an election. All evidence 
21submitted by an employee organization to the Board to ascertain 
22an employee's choice of an employee organization is 
23confidential and shall not be submitted to the employer for 
24review. The Board shall ascertain the employee's choice of 
25employee organization within 120 days after the filing of the 
26majority interest petition; however, the Board may extend time 
 
 
09900HB0686ham002- 27 -LRB099 04498 HLH 38695 a


1by an additional 60 days, upon its own motion or upon the 
2motion of a party to the proceeding. If either party provides

3to the Board, before the designation of a representative, clear 
4and convincing
evidence that the dues deduction 
5authorizations, and other evidence upon which
the Board would 
6otherwise rely to ascertain the employees' choice of

7representative, are fraudulent or were obtained through 
8coercion, the Board
shall promptly thereafter conduct an 
9election. The Board shall also investigate
and consider a 
10party's allegations that the dues deduction authorizations and

11other evidence submitted in support of a designation of 
12representative without
an election were subsequently changed, 
13altered, withdrawn, or withheld as a
result of employer fraud, 
14coercion, or any other unfair labor practice by the
employer. 
15If the Board determines that a labor organization would have 
16had a
majority interest but for an employer's fraud, coercion, 
17or unfair labor
practice, it shall designate the labor 
18organization as an exclusive
representative without conducting 
19an election. If a hearing is necessary to resolve any issues of 
20representation under this Section, the Board shall conclude its 
21hearing process and issue a certification of the entire 
22appropriate unit not later than 120 days after the date the 
23petition was filed. The 120-day period may be extended one or 
24more times by the agreement of all parties to a hearing to a 
25date certain. 

26 (c-6) A labor organization or an employer may file a unit 
 
 
09900HB0686ham002- 28 -LRB099 04498 HLH 38695 a


1clarification petition seeking to clarify an existing 
2bargaining unit. The Board shall conclude its investigation, 
3including any hearing process deemed necessary, and issue a 
4certification of clarified unit or dismiss the petition not 
5later than 120 days after the date the petition was filed. The 
6120-day period may be extended one or more times by the 
7agreement of all parties to a hearing to a date certain. 
8 (d) An order of the Board dismissing a representation 
9petition, determining
and certifying that a labor organization 
10has been fairly and freely chosen by a
majority of employees in 
11an appropriate bargaining unit, determining and
certifying 
12that a labor organization has not been fairly and freely chosen 
13by a
majority of employees in the bargaining unit or certifying 
14a labor organization
as the exclusive representative of 
15employees in an appropriate bargaining unit
because of a 
16determination by the Board that the labor organization is the

17historical bargaining representative of employees in the 
18bargaining unit,
is a final order. Any person aggrieved by any 
19such order issued on or after
the effective date of this 
20amendatory Act of 1987 may apply for and obtain
judicial review 
21in accordance with provisions of the Administrative Review Law,

22as now or hereafter amended, except that such review shall be 
23afforded directly
in the Appellate Court of a judicial district 
24in which the Board maintains an
office. Any direct appeal to 
25the Appellate Court shall be filed within 35 days
from the date 
26that a copy of the decision sought to be reviewed was served 
 
 
09900HB0686ham002- 29 -LRB099 04498 HLH 38695 a


1upon
the party affected by the decision.

2 No election may be conducted in any bargaining unit during 
3the term of
a collective bargaining agreement covering such 
4unit or subdivision thereof,
except the Board may direct an 
5election after the filing
of a petition between January 15 and 
6March 1 of the final year of a collective
bargaining agreement. 
7Nothing in this Section prohibits the negotiation
of a 
8collective bargaining agreement covering a period not 
9exceeding 3 years.
A collective bargaining agreement of less 
10than 3 years may be extended up
to 3 years by the parties if the 
11extension is agreed to in writing before
the filing of a 
12petition under this Section. In such case, the final year
of 
13the extension is the final year of the collective bargaining 
14agreement.
No election may be conducted in a bargaining unit, 
15or subdivision thereof,
in which a valid election has been held 
16within the preceding 12 month period.

17(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)


18 Section 45. The Prevailing Wage Act is amended by changing 
19Section 2 as follows:



20 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)


21 Sec. 2. This Act applies to the wages of laborers, 
22mechanics and
other workers employed in any public works, as 
23hereinafter defined, by
any public body and to anyone under 
24contracts for public works. This includes any maintenance, 
 
 
09900HB0686ham002- 30 -LRB099 04498 HLH 38695 a


1repair, assembly, or disassembly work performed on equipment 
2whether owned, leased, or rented.

3 As used in this Act, unless the context indicates 
4otherwise:

5 "Public works" means all fixed works constructed or 
6demolished by
any public body,
or paid for wholly or in part 
7out of public funds. "Public works" as
defined herein includes 
8all projects financed in whole
or in part with bonds, grants, 
9loans, or other funds made available by or through the State or 
10any of its political subdivisions, including but not limited 
11to: bonds issued under the Industrial Project Revenue Bond
Act 
12(Article 11, Division 74 of the Illinois Municipal Code), the 
13Industrial
Building Revenue Bond Act, the Illinois Finance 
14Authority Act,
the Illinois Sports Facilities Authority Act, or 
15the Build Illinois Bond Act; loans or other funds made

16available pursuant to the Build Illinois Act; loans or other 
17funds made available pursuant to the Riverfront Development 
18Fund under Section 10-15 of the River Edge Redevelopment Zone 
19Act; or funds from the Fund for
Illinois' Future under Section 
206z-47 of the State Finance Act, funds for school
construction 
21under Section 5 of the General Obligation Bond Act, funds

22authorized under Section 3 of the School Construction Bond Act, 
23funds for
school infrastructure under Section 6z-45 of the 
24State Finance Act, and funds
for transportation purposes under 
25Section 4 of the General Obligation Bond
Act. "Public works" 
26also includes (i) all projects financed in whole or in part

 
 
09900HB0686ham002- 31 -LRB099 04498 HLH 38695 a


1with funds from the Department of Commerce and Economic 
2Opportunity under the Illinois Renewable Fuels Development 
3Program
Act for which there is no project labor agreement; (ii) 
4all work performed pursuant to a public private agreement under 
5the Public Private Agreements for the Illiana Expressway Act or 
6the Public-Private Agreements for the South Suburban Airport 
7Act; and (iii) all projects undertaken under a public-private 
8agreement under the Public-Private Partnerships for 
9Transportation Act. "Public works" also includes all projects 
10at leased facility property used for airport purposes under 
11Section 35 of the Local Government Facility Lease Act. "Public 
12works" also includes the construction of a new wind power 
13facility by a business designated as a High Impact Business 
14under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.

15"Public works" does not include work done directly by any 
16public utility company, whether or not done under public 
17supervision or direction, or paid for wholly or in part out of 
18public funds. "Public works" also includes any corrective 
19action performed pursuant to Title XVI of the Environmental 
20Protection Act for which payment from the Underground Storage 
21Tank Fund is requested. "Public works" does not include 
22projects undertaken by the owner at an owner-occupied 
23single-family residence or at an owner-occupied unit of a 
24multi-family residence. "Public works" does not include work 
25performed for soil and water conservation purposes on 
26agricultural lands, whether or not done under public 
 
 
09900HB0686ham002- 32 -LRB099 04498 HLH 38695 a


1supervision or paid for wholly or in part out of public funds, 
2done directly by an owner or person who has legal control of 
3those lands. 

4 "Public works" does not include work done or projects 
5performed by or on behalf of a unit of local government or 
6school district whether or not done under public supervision or 
7paid for wholly or in part with public funds and whether or not 
8owned by a unit of local government or a school district. 
9 "Construction" means all work on public works involving 
10laborers,
workers or mechanics. This includes any maintenance, 
11repair, assembly, or disassembly work performed on equipment 
12whether owned, leased, or rented.

13 "Locality" means the county where the physical work upon 
14public works
is performed, except (1) that if there is not 
15available in the county a
sufficient number of competent 
16skilled laborers, workers and mechanics
to construct the public 
17works efficiently and properly, "locality"
includes any other 
18county nearest the one in which the work or
construction is to 
19be performed and from which such persons may be
obtained in 
20sufficient numbers to perform the work and (2) that, with

21respect to contracts for highway work with the Department of

22Transportation of this State, "locality" may at the discretion 
23of the
Secretary of the Department of Transportation be 
24construed to include
two or more adjacent counties from which 
25workers may be accessible for
work on such construction.

26 "Public body" means the State or any officer, board or 
 
 
09900HB0686ham002- 33 -LRB099 04498 HLH 38695 a


1commission of
the State or any political subdivision or 
2department thereof, or any
institution supported in whole or in 
3part by public funds; "public body" does not, however, include 
4a unit of local government or a school district ,
and includes 
5every county, city, town,
village, township, school district, 
6irrigation, utility, reclamation
improvement or other district 
7and every other political subdivision,
district or 
8municipality of the state whether such political
subdivision, 
9municipality or district operates under a special charter
or 
10not.

11 The terms "general prevailing rate of hourly wages", 
12"general
prevailing rate of wages" or "prevailing rate of 
13wages" when used in
this Act mean the hourly cash wages plus 
14annualized fringe benefits for training and
apprenticeship 
15programs approved by the U.S. Department of Labor, Bureau of

16Apprenticeship and Training, health and welfare, insurance, 
17vacations and
pensions paid generally, in the
locality in which 
18the work is being performed, to employees engaged in
work of a 
19similar character on public works.

20(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; 
2198-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. 
227-16-14.)".