Bill Text: IL HB0672 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Removes the term "fair share agreement". Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-02-23 - To Workforce Reconciliation Subcommittee [HB0672 Detail]

Download: Illinois-2017-HB0672-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0672

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/4 from Ch. 48, par. 1604
5 ILCS 315/6 from Ch. 48, par. 1606
5 ILCS 315/9 from Ch. 48, par. 1609
5 ILCS 315/10 from Ch. 48, par. 1610

Amends the Illinois Public Labor Relations Act. Removes language requiring employees who are not members of a representing labor organization to pay a proportionate share of the costs of the collective bargaining process, contract administration, and pursuing matters affecting wages, hours, and conditions of employment under a collective bargaining agreement. Provides that employees shall not be required to perform certain acts as a condition of obtaining or continuing public employment. Provides that an agreement, contract, understanding, or practice between or involving a public employer, labor organization, or exclusive representative that requires an employee to perform certain forbidden acts as a condition of obtaining or continuing public employment is unlawful and unenforceable. Removes language concerning fair share agreements in collective bargaining. Removes the term "fair share agreement". Makes conforming changes.
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A BILL FOR

HB0672LRB100 00083 RJF 10087 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Labor Relations Act is
5amended by changing Sections 3, 4, 6, 9, and 10 as follows:
6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
7 Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9 (a) "Board" means the Illinois Labor Relations Board or,
10with respect to a matter over which the jurisdiction of the
11Board is assigned to the State Panel or the Local Panel under
12Section 5, the panel having jurisdiction over the matter.
13 (b) "Collective bargaining" means bargaining over terms
14and conditions of employment, including hours, wages, and other
15conditions of employment, as detailed in Section 7 and which
16are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in the
18regular course of his or her duties, assists and acts in a
19confidential capacity to persons who formulate, determine, and
20effectuate management policies with regard to labor relations
21or who, in the regular course of his or her duties, has
22authorized access to information relating to the effectuation
23or review of the employer's collective bargaining policies.

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1 (d) "Craft employees" means skilled journeymen, crafts
2persons, and their apprentices and helpers.
3 (e) "Essential services employees" means those public
4employees performing functions so essential that the
5interruption or termination of the function will constitute a
6clear and present danger to the health and safety of the
7persons in the affected community.
8 (f) "Exclusive representative", except with respect to
9non-State fire fighters and paramedics employed by fire
10departments and fire protection districts, non-State peace
11officers, and peace officers in the Department of State Police,
12means the labor organization that has been (i) designated by
13the Board as the representative of a majority of public
14employees in an appropriate bargaining unit in accordance with
15the procedures contained in this Act, (ii) historically
16recognized by the State of Illinois or any political
17subdivision of the State before July 1, 1984 (the effective
18date of this Act) as the exclusive representative of the
19employees in an appropriate bargaining unit, (iii) after July
201, 1984 (the effective date of this Act) recognized by an
21employer upon evidence, acceptable to the Board, that the labor
22organization has been designated as the exclusive
23representative by a majority of the employees in an appropriate
24bargaining unit; (iv) recognized as the exclusive
25representative of personal assistants under Executive Order
262003-8 prior to the effective date of this amendatory Act of

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1the 93rd General Assembly, and the organization shall be
2considered to be the exclusive representative of the personal
3assistants as defined in this Section; or (v) recognized as the
4exclusive representative of child and day care home providers,
5including licensed and license exempt providers, pursuant to an
6election held under Executive Order 2005-1 prior to the
7effective date of this amendatory Act of the 94th General
8Assembly, and the organization shall be considered to be the
9exclusive representative of the child and day care home
10providers as defined in this Section.
11 With respect to non-State fire fighters and paramedics
12employed by fire departments and fire protection districts,
13non-State peace officers, and peace officers in the Department
14of State Police, "exclusive representative" means the labor
15organization that has been (i) designated by the Board as the
16representative of a majority of peace officers or fire fighters
17in an appropriate bargaining unit in accordance with the
18procedures contained in this Act, (ii) historically recognized
19by the State of Illinois or any political subdivision of the
20State before January 1, 1986 (the effective date of this
21amendatory Act of 1985) as the exclusive representative by a
22majority of the peace officers or fire fighters in an
23appropriate bargaining unit, or (iii) after January 1, 1986
24(the effective date of this amendatory Act of 1985) recognized
25by an employer upon evidence, acceptable to the Board, that the
26labor organization has been designated as the exclusive

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1representative by a majority of the peace officers or fire
2fighters in an appropriate bargaining unit.
3 Where a historical pattern of representation exists for the
4workers of a water system that was owned by a public utility,
5as defined in Section 3-105 of the Public Utilities Act, prior
6to becoming certified employees of a municipality or
7municipalities once the municipality or municipalities have
8acquired the water system as authorized in Section 11-124-5 of
9the Illinois Municipal Code, the Board shall find the labor
10organization that has historically represented the workers to
11be the exclusive representative under this Act, and shall find
12the unit represented by the exclusive representative to be the
13appropriate unit.
14 (g) (Blank). "Fair share agreement" means an agreement
15between the employer and an employee organization under which
16all or any of the employees in a collective bargaining unit are
17required to pay their proportionate share of the costs of the
18collective bargaining process, contract administration, and
19pursuing matters affecting wages, hours, and other conditions
20of employment, but not to exceed the amount of dues uniformly
21required of members. The amount certified by the exclusive
22representative shall not include any fees for contributions
23related to the election or support of any candidate for
24political office. Nothing in this subsection (g) shall preclude
25an employee from making voluntary political contributions in
26conjunction with his or her fair share payment.

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1 (g-1) "Fire fighter" means, for the purposes of this Act
2only, any person who has been or is hereafter appointed to a
3fire department or fire protection district or employed by a
4state university and sworn or commissioned to perform fire
5fighter duties or paramedic duties, except that the following
6persons are not included: part-time fire fighters, auxiliary,
7reserve or voluntary fire fighters, including paid on-call fire
8fighters, clerks and dispatchers or other civilian employees of
9a fire department or fire protection district who are not
10routinely expected to perform fire fighter duties, or elected
11officials.
12 (g-2) "General Assembly of the State of Illinois" means the
13legislative branch of the government of the State of Illinois,
14as provided for under Article IV of the Constitution of the
15State of Illinois, and includes but is not limited to the House
16of Representatives, the Senate, the Speaker of the House of
17Representatives, the Minority Leader of the House of
18Representatives, the President of the Senate, the Minority
19Leader of the Senate, the Joint Committee on Legislative
20Support Services and any legislative support services agency
21listed in the Legislative Commission Reorganization Act of
221984.
23 (h) "Governing body" means, in the case of the State, the
24State Panel of the Illinois Labor Relations Board, the Director
25of the Department of Central Management Services, and the
26Director of the Department of Labor; the county board in the

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1case of a county; the corporate authorities in the case of a
2municipality; and the appropriate body authorized to provide
3for expenditures of its funds in the case of any other unit of
4government.
5 (i) "Labor organization" means any organization in which
6public employees participate and that exists for the purpose,
7in whole or in part, of dealing with a public employer
8concerning wages, hours, and other terms and conditions of
9employment, including the settlement of grievances.
10 (i-5) "Legislative liaison" means a person who is an
11employee of a State agency, the Attorney General, the Secretary
12of State, the Comptroller, or the Treasurer, as the case may
13be, and whose job duties require the person to regularly
14communicate in the course of his or her employment with any
15official or staff of the General Assembly of the State of
16Illinois for the purpose of influencing any legislative action.
17 (j) "Managerial employee" means an individual who is
18engaged predominantly in executive and management functions
19and is charged with the responsibility of directing the
20effectuation of management policies and practices. With
21respect only to State employees in positions under the
22jurisdiction of the Attorney General, Secretary of State,
23Comptroller, or Treasurer (i) that were certified in a
24bargaining unit on or after December 2, 2008, (ii) for which a
25petition is filed with the Illinois Public Labor Relations
26Board on or after April 5, 2013 (the effective date of Public

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1Act 97-1172), or (iii) for which a petition is pending before
2the Illinois Public Labor Relations Board on that date,
3"managerial employee" means an individual who is engaged in
4executive and management functions or who is charged with the
5effectuation of management policies and practices or who
6represents management interests by taking or recommending
7discretionary actions that effectively control or implement
8policy. Nothing in this definition prohibits an individual from
9also meeting the definition of "supervisor" under subsection
10(r) of this Section.
11 (k) "Peace officer" means, for the purposes of this Act
12only, any persons who have been or are hereafter appointed to a
13police force, department, or agency and sworn or commissioned
14to perform police duties, except that the following persons are
15not included: part-time police officers, special police
16officers, auxiliary police as defined by Section 3.1-30-20 of
17the Illinois Municipal Code, night watchmen, "merchant
18police", court security officers as defined by Section 3-6012.1
19of the Counties Code, temporary employees, traffic guards or
20wardens, civilian parking meter and parking facilities
21personnel or other individuals specially appointed to aid or
22direct traffic at or near schools or public functions or to aid
23in civil defense or disaster, parking enforcement employees who
24are not commissioned as peace officers and who are not armed
25and who are not routinely expected to effect arrests, parking
26lot attendants, clerks and dispatchers or other civilian

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1employees of a police department who are not routinely expected
2to effect arrests, or elected officials.
3 (l) "Person" includes one or more individuals, labor
4organizations, public employees, associations, corporations,
5legal representatives, trustees, trustees in bankruptcy,
6receivers, or the State of Illinois or any political
7subdivision of the State or governing body, but does not
8include the General Assembly of the State of Illinois or any
9individual employed by the General Assembly of the State of
10Illinois.
11 (m) "Professional employee" means any employee engaged in
12work predominantly intellectual and varied in character rather
13than routine mental, manual, mechanical or physical work;
14involving the consistent exercise of discretion and adjustment
15in its performance; of such a character that the output
16produced or the result accomplished cannot be standardized in
17relation to a given period of time; and requiring advanced
18knowledge in a field of science or learning customarily
19acquired by a prolonged course of specialized intellectual
20instruction and study in an institution of higher learning or a
21hospital, as distinguished from a general academic education or
22from apprenticeship or from training in the performance of
23routine mental, manual, or physical processes; or any employee
24who has completed the courses of specialized intellectual
25instruction and study prescribed in this subsection (m) and is
26performing related work under the supervision of a professional

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1person to qualify to become a professional employee as defined
2in this subsection (m).
3 (n) "Public employee" or "employee", for the purposes of
4this Act, means any individual employed by a public employer,
5including (i) interns and residents at public hospitals, (ii)
6as of the effective date of this amendatory Act of the 93rd
7General Assembly, but not before, personal assistants working
8under the Home Services Program under Section 3 of the
9Rehabilitation of Persons with Disabilities Act, subject to the
10limitations set forth in this Act and in the Rehabilitation of
11Persons with Disabilities Act, (iii) as of the effective date
12of this amendatory Act of the 94th General Assembly, but not
13before, child and day care home providers participating in the
14child care assistance program under Section 9A-11 of the
15Illinois Public Aid Code, subject to the limitations set forth
16in this Act and in Section 9A-11 of the Illinois Public Aid
17Code, (iv) as of January 29, 2013 (the effective date of Public
18Act 97-1158), but not before except as otherwise provided in
19this subsection (n), home care and home health workers who
20function as personal assistants and individual maintenance
21home health workers and who also work under the Home Services
22Program under Section 3 of the Rehabilitation of Persons with
23Disabilities Act, no matter whether the State provides those
24services through direct fee-for-service arrangements, with the
25assistance of a managed care organization or other
26intermediary, or otherwise, (v) beginning on the effective date

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1of this amendatory Act of the 98th General Assembly and
2notwithstanding any other provision of this Act, any person
3employed by a public employer and who is classified as or who
4holds the employment title of Chief Stationary Engineer,
5Assistant Chief Stationary Engineer, Sewage Plant Operator,
6Water Plant Operator, Stationary Engineer, Plant Operating
7Engineer, and any other employee who holds the position of:
8Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
9Technical Manager I, Technical Manager II, Technical Manager
10III, Technical Manager IV, Technical Manager V, Technical
11Manager VI, Realty Specialist III, Realty Specialist IV, Realty
12Specialist V, Technical Advisor I, Technical Advisor II,
13Technical Advisor III, Technical Advisor IV, or Technical
14Advisor V employed by the Department of Transportation who is
15in a position which is certified in a bargaining unit on or
16before the effective date of this amendatory Act of the 98th
17General Assembly, and (vi) beginning on the effective date of
18this amendatory Act of the 98th General Assembly and
19notwithstanding any other provision of this Act, any mental
20health administrator in the Department of Corrections who is
21classified as or who holds the position of Public Service
22Administrator (Option 8K), any employee of the Office of the
23Inspector General in the Department of Human Services who is
24classified as or who holds the position of Public Service
25Administrator (Option 7), any Deputy of Intelligence in the
26Department of Corrections who is classified as or who holds the

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1position of Public Service Administrator (Option 7), and any
2employee of the Department of State Police who handles issues
3concerning the Illinois State Police Sex Offender Registry and
4who is classified as or holds the position of Public Service
5Administrator (Option 7), but excluding all of the following:
6employees of the General Assembly of the State of Illinois;
7elected officials; executive heads of a department; members of
8boards or commissions; the Executive Inspectors General; any
9special Executive Inspectors General; employees of each Office
10of an Executive Inspector General; commissioners and employees
11of the Executive Ethics Commission; the Auditor General's
12Inspector General; employees of the Office of the Auditor
13General's Inspector General; the Legislative Inspector
14General; any special Legislative Inspectors General; employees
15of the Office of the Legislative Inspector General;
16commissioners and employees of the Legislative Ethics
17Commission; employees of any agency, board or commission
18created by this Act; employees appointed to State positions of
19a temporary or emergency nature; all employees of school
20districts and higher education institutions except
21firefighters and peace officers employed by a state university
22and except peace officers employed by a school district in its
23own police department in existence on the effective date of
24this amendatory Act of the 96th General Assembly; managerial
25employees; short-term employees; legislative liaisons; a
26person who is a State employee under the jurisdiction of the

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1Office of the Attorney General who is licensed to practice law
2or whose position authorizes, either directly or indirectly,
3meaningful input into government decision-making on issues
4where there is room for principled disagreement on goals or
5their implementation; a person who is a State employee under
6the jurisdiction of the Office of the Comptroller who holds the
7position of Public Service Administrator or whose position is
8otherwise exempt under the Comptroller Merit Employment Code; a
9person who is a State employee under the jurisdiction of the
10Secretary of State who holds the position classification of
11Executive I or higher, whose position authorizes, either
12directly or indirectly, meaningful input into government
13decision-making on issues where there is room for principled
14disagreement on goals or their implementation, or who is
15otherwise exempt under the Secretary of State Merit Employment
16Code; employees in the Office of the Secretary of State who are
17completely exempt from jurisdiction B of the Secretary of State
18Merit Employment Code and who are in Rutan-exempt positions on
19or after April 5, 2013 (the effective date of Public Act
2097-1172); a person who is a State employee under the
21jurisdiction of the Treasurer who holds a position that is
22exempt from the State Treasurer Employment Code; any employee
23of a State agency who (i) holds the title or position of, or
24exercises substantially similar duties as a legislative
25liaison, Agency General Counsel, Agency Chief of Staff, Agency
26Executive Director, Agency Deputy Director, Agency Chief

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1Fiscal Officer, Agency Human Resources Director, Public
2Information Officer, or Chief Information Officer and (ii) was
3neither included in a bargaining unit nor subject to an active
4petition for certification in a bargaining unit; any employee
5of a State agency who (i) is in a position that is
6Rutan-exempt, as designated by the employer, and completely
7exempt from jurisdiction B of the Personnel Code and (ii) was
8neither included in a bargaining unit nor subject to an active
9petition for certification in a bargaining unit; any term
10appointed employee of a State agency pursuant to Section 8b.18
11or 8b.19 of the Personnel Code who was neither included in a
12bargaining unit nor subject to an active petition for
13certification in a bargaining unit; any employment position
14properly designated pursuant to Section 6.1 of this Act;
15confidential employees; independent contractors; and
16supervisors except as provided in this Act.
17 Home care and home health workers who function as personal
18assistants and individual maintenance home health workers and
19who also work under the Home Services Program under Section 3
20of the Rehabilitation of Persons with Disabilities Act shall
21not be considered public employees for any purposes not
22specifically provided for in Public Act 93-204 or Public Act
2397-1158, including but not limited to, purposes of vicarious
24liability in tort and purposes of statutory retirement or
25health insurance benefits. Home care and home health workers
26who function as personal assistants and individual maintenance

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1home health workers and who also work under the Home Services
2Program under Section 3 of the Rehabilitation of Persons with
3Disabilities Act shall not be covered by the State Employees
4Group Insurance Act of 1971 (5 ILCS 375/).
5 Child and day care home providers shall not be considered
6public employees for any purposes not specifically provided for
7in this amendatory Act of the 94th General Assembly, including
8but not limited to, purposes of vicarious liability in tort and
9purposes of statutory retirement or health insurance benefits.
10Child and day care home providers shall not be covered by the
11State Employees Group Insurance Act of 1971.
12 Notwithstanding Section 9, subsection (c), or any other
13provisions of this Act, all peace officers above the rank of
14captain in municipalities with more than 1,000,000 inhabitants
15shall be excluded from this Act.
16 (o) Except as otherwise in subsection (o-5), "public
17employer" or "employer" means the State of Illinois; any
18political subdivision of the State, unit of local government or
19school district; authorities including departments, divisions,
20bureaus, boards, commissions, or other agencies of the
21foregoing entities; and any person acting within the scope of
22his or her authority, express or implied, on behalf of those
23entities in dealing with its employees. As of the effective
24date of the amendatory Act of the 93rd General Assembly, but
25not before, the State of Illinois shall be considered the
26employer of the personal assistants working under the Home

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1Services Program under Section 3 of the Rehabilitation of
2Persons with Disabilities Act, subject to the limitations set
3forth in this Act and in the Rehabilitation of Persons with
4Disabilities Act. As of January 29, 2013 (the effective date of
5Public Act 97-1158), but not before except as otherwise
6provided in this subsection (o), the State shall be considered
7the employer of home care and home health workers who function
8as personal assistants and individual maintenance home health
9workers and who also work under the Home Services Program under
10Section 3 of the Rehabilitation of Persons with Disabilities
11Act, no matter whether the State provides those services
12through direct fee-for-service arrangements, with the
13assistance of a managed care organization or other
14intermediary, or otherwise, but subject to the limitations set
15forth in this Act and the Rehabilitation of Persons with
16Disabilities Act. The State shall not be considered to be the
17employer of home care and home health workers who function as
18personal assistants and individual maintenance home health
19workers and who also work under the Home Services Program under
20Section 3 of the Rehabilitation of Persons with Disabilities
21Act, for any purposes not specifically provided for in Public
22Act 93-204 or Public Act 97-1158, including but not limited to,
23purposes of vicarious liability in tort and purposes of
24statutory retirement or health insurance benefits. Home care
25and home health workers who function as personal assistants and
26individual maintenance home health workers and who also work

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1under the Home Services Program under Section 3 of the
2Rehabilitation of Persons with Disabilities Act shall not be
3covered by the State Employees Group Insurance Act of 1971 (5
4ILCS 375/). As of the effective date of this amendatory Act of
5the 94th General Assembly but not before, the State of Illinois
6shall be considered the employer of the day and child care home
7providers participating in the child care assistance program
8under Section 9A-11 of the Illinois Public Aid Code, subject to
9the limitations set forth in this Act and in Section 9A-11 of
10the Illinois Public Aid Code. The State shall not be considered
11to be the employer of child and day care home providers for any
12purposes not specifically provided for in this amendatory Act
13of the 94th General Assembly, including but not limited to,
14purposes of vicarious liability in tort and purposes of
15statutory retirement or health insurance benefits. Child and
16day care home providers shall not be covered by the State
17Employees Group Insurance Act of 1971.
18 "Public employer" or "employer" as used in this Act,
19however, does not mean and shall not include the General
20Assembly of the State of Illinois, the Executive Ethics
21Commission, the Offices of the Executive Inspectors General,
22the Legislative Ethics Commission, the Office of the
23Legislative Inspector General, the Office of the Auditor
24General's Inspector General, the Office of the Governor, the
25Governor's Office of Management and Budget, the Illinois
26Finance Authority, the Office of the Lieutenant Governor, the

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1State Board of Elections, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in its
4employment of firefighters and peace officers and except with
5respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be designated
9as joint or co-employers of county peace officers appointed
10under the authority of a county sheriff. Nothing in this
11subsection (o) shall be construed to prevent the State Panel or
12the Local Panel from determining that employers are joint or
13co-employers.
14 (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19 (1) For court reporters employed by the Cook County
20 Judicial Circuit, the chief judge of the Cook County
21 Circuit Court is the public employer and employer
22 representative.
23 (2) For court reporters employed by the 12th, 18th,
24 19th, and, on and after December 4, 2006, the 22nd judicial
25 circuits, a group consisting of the chief judges of those
26 circuits, acting jointly by majority vote, is the public

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1 employer and employer representative.
2 (3) For court reporters employed by all other judicial
3 circuits, a group consisting of the chief judges of those
4 circuits, acting jointly by majority vote, is the public
5 employer and employer representative.
6 (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12 (q) "Short-term employee" means an employee who is employed
13for less than 2 consecutive calendar quarters during a calendar
14year and who does not have a reasonable assurance that he or
15she will be rehired by the same employer for the same service
16in a subsequent calendar year.
17 (q-5) "State agency" means an agency directly responsible
18to the Governor, as defined in Section 3.1 of the Executive
19Reorganization Implementation Act, and the Illinois Commerce
20Commission, the Illinois Workers' Compensation Commission, the
21Civil Service Commission, the Pollution Control Board, the
22Illinois Racing Board, and the Department of State Police Merit
23Board.
24 (r) "Supervisor" is:
25 (1) An employee whose principal work is substantially
26 different from that of his or her subordinates and who has

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1 authority, in the interest of the employer, to hire,
2 transfer, suspend, lay off, recall, promote, discharge,
3 direct, reward, or discipline employees, to adjust their
4 grievances, or to effectively recommend any of those
5 actions, if the exercise of that authority is not of a
6 merely routine or clerical nature, but requires the
7 consistent use of independent judgment. Except with
8 respect to police employment, the term "supervisor"
9 includes only those individuals who devote a preponderance
10 of their employment time to exercising that authority,
11 State supervisors notwithstanding. Nothing in this
12 definition prohibits an individual from also meeting the
13 definition of "managerial employee" under subsection (j)
14 of this Section. In addition, in determining supervisory
15 status in police employment, rank shall not be
16 determinative. The Board shall consider, as evidence of
17 bargaining unit inclusion or exclusion, the common law
18 enforcement policies and relationships between police
19 officer ranks and certification under applicable civil
20 service law, ordinances, personnel codes, or Division 2.1
21 of Article 10 of the Illinois Municipal Code, but these
22 factors shall not be the sole or predominant factors
23 considered by the Board in determining police supervisory
24 status.
25 Notwithstanding the provisions of the preceding
26 paragraph, in determining supervisory status in fire

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1 fighter employment, no fire fighter shall be excluded as a
2 supervisor who has established representation rights under
3 Section 9 of this Act. Further, in new fire fighter units,
4 employees shall consist of fire fighters of the rank of
5 company officer and below. If a company officer otherwise
6 qualifies as a supervisor under the preceding paragraph,
7 however, he or she shall not be included in the fire
8 fighter unit. If there is no rank between that of chief and
9 the highest company officer, the employer may designate a
10 position on each shift as a Shift Commander, and the
11 persons occupying those positions shall be supervisors.
12 All other ranks above that of company officer shall be
13 supervisors.
14 (2) With respect only to State employees in positions
15 under the jurisdiction of the Attorney General, Secretary
16 of State, Comptroller, or Treasurer (i) that were certified
17 in a bargaining unit on or after December 2, 2008, (ii) for
18 which a petition is filed with the Illinois Public Labor
19 Relations Board on or after April 5, 2013 (the effective
20 date of Public Act 97-1172), or (iii) for which a petition
21 is pending before the Illinois Public Labor Relations Board
22 on that date, an employee who qualifies as a supervisor
23 under (A) Section 152 of the National Labor Relations Act
24 and (B) orders of the National Labor Relations Board
25 interpreting that provision or decisions of courts
26 reviewing decisions of the National Labor Relations Board.

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1 (s)(1) "Unit" means a class of jobs or positions that are
2held by employees whose collective interests may suitably be
3represented by a labor organization for collective bargaining.
4Except with respect to non-State fire fighters and paramedics
5employed by fire departments and fire protection districts,
6non-State peace officers, and peace officers in the Department
7of State Police, a bargaining unit determined by the Board
8shall not include both employees and supervisors, or
9supervisors only, except as provided in paragraph (2) of this
10subsection (s) and except for bargaining units in existence on
11July 1, 1984 (the effective date of this Act). With respect to
12non-State fire fighters and paramedics employed by fire
13departments and fire protection districts, non-State peace
14officers, and peace officers in the Department of State Police,
15a bargaining unit determined by the Board shall not include
16both supervisors and nonsupervisors, or supervisors only,
17except as provided in paragraph (2) of this subsection (s) and
18except for bargaining units in existence on January 1, 1986
19(the effective date of this amendatory Act of 1985). A
20bargaining unit determined by the Board to contain peace
21officers shall contain no employees other than peace officers
22unless otherwise agreed to by the employer and the labor
23organization or labor organizations involved. Notwithstanding
24any other provision of this Act, a bargaining unit, including a
25historical bargaining unit, containing sworn peace officers of
26the Department of Natural Resources (formerly designated the

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1Department of Conservation) shall contain no employees other
2than such sworn peace officers upon the effective date of this
3amendatory Act of 1990 or upon the expiration date of any
4collective bargaining agreement in effect upon the effective
5date of this amendatory Act of 1990 covering both such sworn
6peace officers and other employees.
7 (2) Notwithstanding the exclusion of supervisors from
8bargaining units as provided in paragraph (1) of this
9subsection (s), a public employer may agree to permit its
10supervisory employees to form bargaining units and may bargain
11with those units. This Act shall apply if the public employer
12chooses to bargain under this subsection.
13 (3) Public employees who are court reporters, as defined in
14the Court Reporters Act, shall be divided into 3 units for
15collective bargaining purposes. One unit shall be court
16reporters employed by the Cook County Judicial Circuit; one
17unit shall be court reporters employed by the 12th, 18th, 19th,
18and, on and after December 4, 2006, the 22nd judicial circuits;
19and one unit shall be court reporters employed by all other
20judicial circuits.
21 (t) "Active petition for certification in a bargaining
22unit" means a petition for certification filed with the Board
23under one of the following case numbers: S-RC-11-110;
24S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
25S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
26S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

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1S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
2S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
3S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
4S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
5S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
6S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
7S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
8S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
9S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
10S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
11S-RC-07-100.
12(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1399-143, eff. 7-27-15.)
14 (5 ILCS 315/4) (from Ch. 48, par. 1604)
15 (Text of Section WITH the changes made by P.A. 98-599,
16which has been held unconstitutional)
17 Sec. 4. Management Rights. Employers shall not be required
18to bargain over matters of inherent managerial policy, which
19shall include such areas of discretion or policy as the
20functions of the employer, standards of services, its overall
21budget, the organizational structure and selection of new
22employees, examination techniques and direction of employees.
23Employers, however, shall be required to bargain collectively
24with regard to policy matters directly affecting wages, hours
25and terms and conditions of employment as well as the impact

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1thereon upon request by employee representatives, except as
2provided in Section 7.5.
3 To preserve the rights of employers and exclusive
4representatives which have established collective bargaining
5relationships or negotiated collective bargaining agreements
6prior to the effective date of this Act, employers shall be
7required to bargain collectively with regard to any matter
8concerning wages, hours or conditions of employment about which
9they have bargained for and agreed to in a collective
10bargaining agreement prior to the effective date of this Act,
11except as provided in Section 7.5.
12 The chief judge of the judicial circuit that employs a
13public employee who is a court reporter, as defined in the
14Court Reporters Act, has the authority to hire, appoint,
15promote, evaluate, discipline, and discharge court reporters
16within that judicial circuit.
17 Nothing in this amendatory Act of the 94th General Assembly
18shall be construed to intrude upon the judicial functions of
19any court. This amendatory Act of the 94th General Assembly
20applies only to nonjudicial administrative matters relating to
21the collective bargaining rights of court reporters.
22(Source: P.A. 98-599, eff. 6-1-14.)
23 (Text of Section WITHOUT the changes made by P.A. 98-599,
24which has been held unconstitutional)
25 Sec. 4. Management Rights. Employers shall not be required

HB0672- 25 -LRB100 00083 RJF 10087 b
1to bargain over matters of inherent managerial policy, which
2shall include such areas of discretion or policy as the
3functions of the employer, standards of services, its overall
4budget, the organizational structure and selection of new
5employees, examination techniques and direction of employees.
6Employers, however, shall be required to bargain collectively
7with regard to policy matters directly affecting wages, hours
8and terms and conditions of employment as well as the impact
9thereon upon request by employee representatives.
10 To preserve the rights of employers and exclusive
11representatives which have established collective bargaining
12relationships or negotiated collective bargaining agreements
13prior to the effective date of this Act, employers shall be
14required to bargain collectively with regard to any matter
15concerning wages, hours or conditions of employment about which
16they have bargained for and agreed to in a collective
17bargaining agreement prior to the effective date of this Act,
18except as provided in subsection (e-1) of Section 6.
19 The chief judge of the judicial circuit that employs a
20public employee who is a court reporter, as defined in the
21Court Reporters Act, has the authority to hire, appoint,
22promote, evaluate, discipline, and discharge court reporters
23within that judicial circuit.
24 Nothing in this amendatory Act of the 94th General Assembly
25shall be construed to intrude upon the judicial functions of
26any court. This amendatory Act of the 94th General Assembly

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1applies only to nonjudicial administrative matters relating to
2the collective bargaining rights of court reporters.
3(Source: P.A. 94-98, eff. 7-1-05.)
4 (5 ILCS 315/6) (from Ch. 48, par. 1606)
5 Sec. 6. Right to organize and bargain collectively;
6exclusive representation; and right to work fair share
7arrangements.
8 (a) Employees of the State and any political subdivision of
9the State, excluding employees of the General Assembly of the
10State of Illinois and employees excluded from the definition of
11"public employee" under subsection (n) of Section 3 of this
12Act, have, and are protected in the exercise of, the right of
13self-organization, and may form, join or assist any labor
14organization, to bargain collectively through representatives
15of their own choosing on questions of wages, hours and other
16conditions of employment, not excluded by Section 4 of this
17Act, and to engage in other concerted activities not otherwise
18prohibited by law for the purposes of collective bargaining or
19other mutual aid or protection, free from interference,
20restraint or coercion. Employees also have, and are protected
21in the exercise of, the right to refrain from participating in
22any such concerted activities. Employees may be required,
23pursuant to the terms of a lawful fair share agreement, to pay
24a fee which shall be their proportionate share of the costs of
25the collective bargaining process, contract administration and

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1pursuing matters affecting wages, hours and other conditions of
2employment as defined in Section 3(g).
3 (b) Nothing in this Act prevents an employee from
4presenting a grievance to the employer and having the grievance
5heard and settled without the intervention of an employee
6organization; provided that the exclusive bargaining
7representative is afforded the opportunity to be present at
8such conference and that any settlement made shall not be
9inconsistent with the terms of any agreement in effect between
10the employer and the exclusive bargaining representative.
11 (c) A labor organization designated by the Board as the
12representative of the majority of public employees in an
13appropriate unit in accordance with the procedures herein or
14recognized by a public employer as the representative of the
15majority of public employees in an appropriate unit is the
16exclusive representative for the employees of such unit for the
17purpose of collective bargaining with respect to rates of pay,
18wages, hours and other conditions of employment not excluded by
19Section 4 of this Act. A public employer is required upon
20request to furnish the exclusive bargaining representative
21with a complete list of the names and addresses of the public
22employees in the bargaining unit, provided that a public
23employer shall not be required to furnish such a list more than
24once per payroll period. The exclusive bargaining
25representative shall use the list exclusively for bargaining
26representation purposes and shall not disclose any information

HB0672- 28 -LRB100 00083 RJF 10087 b
1contained in the list for any other purpose. Nothing in this
2Section, however, shall prohibit a bargaining representative
3from disseminating a list of its union members.
4 (d) Labor organizations recognized by a public employer as
5the exclusive representative or so designated in accordance
6with the provisions of this Act are responsible for
7representing the interests of all public employees in the unit.
8Nothing herein shall be construed to limit an exclusive
9representative's right to exercise its discretion to refuse to
10process grievances of employees that are unmeritorious.
11 (e) (Blank). When a collective bargaining agreement is
12entered into with an exclusive representative, it may include
13in the agreement a provision requiring employees covered by the
14agreement who are not members of the organization to pay their
15proportionate share of the costs of the collective bargaining
16process, contract administration and pursuing matters
17affecting wages, hours and conditions of employment, as defined
18in Section 3 (g), but not to exceed the amount of dues
19uniformly required of members. The organization shall certify
20to the employer the amount constituting each nonmember
21employee's proportionate share which shall not exceed dues
22uniformly required of members. In such case, the proportionate
23share payment in this Section shall be deducted by the employer
24from the earnings of the nonmember employees and paid to the
25employee organization.
26 (e-1) Employees shall not be required as a condition of

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1obtaining or continuing public employment to do any of the
2following:
3 (1) refrain or resign from membership in, voluntary
4 affiliation with, or voluntary financial support of a labor
5 organization or bargaining representative;
6 (2) become or remain a member of a labor organization
7 or bargaining representative;
8 (3) pay any dues, fees, assessments, or other charges
9 or expenses of any kind or amount, or provide anything of
10 value to a labor organization or bargaining
11 representative; or
12 (4) pay to any charitable organization or third party
13 any amount that is in lieu of, equivalent to, or any
14 portion of dues, fees, assessments, or other charges or
15 expenses required of members of or public employees
16 represented by a labor organization or bargaining
17 representative.
18 (e-3) An agreement, contract, understanding, or practice
19between or involving a public employer, labor organization, or
20exclusive representative that violates subsection (e-1) is
21unlawful and unenforceable. This subsection applies only to an
22agreement, contract, understanding, or practice that takes
23effect, modified, or is extended or renewed after the effective
24date of this amendatory Act of the 100th General Assembly, and
25the following provisions shall apply:
26 (1) The court of appeals has exclusive original

HB0672- 30 -LRB100 00083 RJF 10087 b
1 jurisdiction over any action challenging the validity of
2 subsections (e-1). The court of appeals shall hear the
3 action in an expedited manner.
4 (2) A person, public employer, or labor organization
5 that violates subsection (e-1) is liable for a civil fine
6 of not more than $500.00. A civil fine recovered under this
7 Section shall be submitted to the State Treasurer for
8 deposit in the General Revenue Fund.
9 (3) Except for actions required to be brought under
10 paragraph (1) of this subsection (e-3), a person who
11 suffers an injury as a result of a violation or threatened
12 violation of subsection (e-1) may bring a civil action for
13 damages, injunctive relief, or both. In addition, a court
14 shall award court costs and reasonable attorney fees to a
15 plaintiff who prevails in an action brought under this
16 subsection. Remedies provided in this subsection are
17 independent of and in addition to other penalties and
18 remedies prescribed by this Act.
19 (f) Only the exclusive representative may negotiate
20provisions in a collective bargaining agreement providing for
21the payroll deduction of labor organization dues, fair share
22payment, initiation fees and assessments. Any Except as
23provided in subsection (e) of this Section, any such deductions
24shall only be made upon an employee's written authorization,
25and continued until revoked in writing in the same manner or
26until the termination date of an applicable collective

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1bargaining agreement. Such payments shall be paid to the
2exclusive representative.
3 Where a collective bargaining agreement is terminated, or
4continues in effect beyond its scheduled expiration date
5pending the negotiation of a successor agreement or the
6resolution of an impasse under Section 14, the employer shall
7continue to honor and abide by any dues deduction or fair share
8clause contained therein until a new agreement is reached
9including a dues deduction or a fair share clause. For the
10benefit of any successor exclusive representative certified
11under this Act, this provision shall be applicable, provided
12the successor exclusive representative: (i) certifies to the
13employer the amount constituting each non-member's
14proportionate share under subsection (e); or (ii) presents the
15employer with employee written authorizations for the
16deduction of dues, assessments, and fees under this subsection.
17 Failure to so honor and abide by dues deduction or fair
18share clauses for the benefit of any exclusive representative,
19including a successor, shall be a violation of the duty to
20bargain and an unfair labor practice.
21 (g) (Blank). Agreements containing a fair share agreement
22must safeguard the right of nonassociation of employees based
23upon bona fide religious tenets or teachings of a church or
24religious body of which such employees are members. Such
25employees may be required to pay an amount equal to their fair
26share, determined under a lawful fair share agreement, to a

HB0672- 32 -LRB100 00083 RJF 10087 b
1nonreligious charitable organization mutually agreed upon by
2the employees affected and the exclusive bargaining
3representative to which such employees would otherwise pay such
4service fee. If the affected employees and the bargaining
5representative are unable to reach an agreement on the matter,
6the Board may establish an approved list of charitable
7organizations to which such payments may be made.
8(Source: P.A. 97-1172, eff. 4-5-13.)
9 (5 ILCS 315/9) (from Ch. 48, par. 1609)
10 Sec. 9. Elections; recognition.
11 (a) Whenever in accordance with such regulations as may be
12prescribed by the Board a petition has been filed:
13 (1) by a public employee or group of public employees
14 or any labor organization acting in their behalf
15 demonstrating that 30% of the public employees in an
16 appropriate unit (A) wish to be represented for the
17 purposes of collective bargaining by a labor organization
18 as exclusive representative, or (B) asserting that the
19 labor organization which has been certified or is currently
20 recognized by the public employer as bargaining
21 representative is no longer the representative of the
22 majority of public employees in the unit; or
23 (2) by a public employer alleging that one or more
24 labor organizations have presented to it a claim that they
25 be recognized as the representative of a majority of the

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1 public employees in an appropriate unit,
2the Board shall investigate such petition, and if it has
3reasonable cause to believe that a question of representation
4exists, shall provide for an appropriate hearing upon due
5notice. Such hearing shall be held at the offices of the Board
6or such other location as the Board deems appropriate. If it
7finds upon the record of the hearing that a question of
8representation exists, it shall direct an election in
9accordance with subsection (d) of this Section, which election
10shall be held not later than 120 days after the date the
11petition was filed regardless of whether that petition was
12filed before or after the effective date of this amendatory Act
13of 1987; provided, however, the Board may extend the time for
14holding an election by an additional 60 days if, upon motion by
15a person who has filed a petition under this Section or is the
16subject of a petition filed under this Section and is a party
17to such hearing, or upon the Board's own motion, the Board
18finds that good cause has been shown for extending the election
19date; provided further, that nothing in this Section shall
20prohibit the Board, in its discretion, from extending the time
21for holding an election for so long as may be necessary under
22the circumstances, where the purpose for such extension is to
23permit resolution by the Board of an unfair labor practice
24charge filed by one of the parties to a representational
25proceeding against the other based upon conduct which may
26either affect the existence of a question concerning

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1representation or have a tendency to interfere with a fair and
2free election, where the party filing the charge has not filed
3a request to proceed with the election; and provided further
4that prior to the expiration of the total time allotted for
5holding an election, a person who has filed a petition under
6this Section or is the subject of a petition filed under this
7Section and is a party to such hearing or the Board, may move
8for and obtain the entry of an order in the circuit court of
9the county in which the majority of the public employees sought
10to be represented by such person reside, such order extending
11the date upon which the election shall be held. Such order
12shall be issued by the circuit court only upon a judicial
13finding that there has been a sufficient showing that there is
14good cause to extend the election date beyond such period and
15shall require the Board to hold the election as soon as is
16feasible given the totality of the circumstances. Such 120 day
17period may be extended one or more times by the agreement of
18all parties to the hearing to a date certain without the
19necessity of obtaining a court order. Nothing in this Section
20prohibits the waiving of hearings by stipulation for the
21purpose of a consent election in conformity with the rules and
22regulations of the Board or an election in a unit agreed upon
23by the parties. Other interested employee organizations may
24intervene in the proceedings in the manner and within the time
25period specified by rules and regulations of the Board.
26Interested parties who are necessary to the proceedings may

HB0672- 35 -LRB100 00083 RJF 10087 b
1also intervene in the proceedings in the manner and within the
2time period specified by the rules and regulations of the
3Board.
4 (a-5) The Board shall designate an exclusive
5representative for purposes of collective bargaining when the
6representative demonstrates a showing of majority interest by
7employees in the unit. If the parties to a dispute are without
8agreement on the means to ascertain the choice, if any, of
9employee organization as their representative, the Board shall
10ascertain the employees' choice of employee organization, on
11the basis of dues deduction authorization or other evidence,
12or, if necessary, by conducting an election. All evidence
13submitted by an employee organization to the Board to ascertain
14an employee's choice of an employee organization is
15confidential and shall not be submitted to the employer for
16review. The Board shall ascertain the employee's choice of
17employee organization within 120 days after the filing of the
18majority interest petition; however, the Board may extend time
19by an additional 60 days, upon its own motion or upon the
20motion of a party to the proceeding. If either party provides
21to the Board, before the designation of a representative, clear
22and convincing evidence that the dues deduction
23authorizations, and other evidence upon which the Board would
24otherwise rely to ascertain the employees' choice of
25representative, are fraudulent or were obtained through
26coercion, the Board shall promptly thereafter conduct an

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1election. The Board shall also investigate and consider a
2party's allegations that the dues deduction authorizations and
3other evidence submitted in support of a designation of
4representative without an election were subsequently changed,
5altered, withdrawn, or withheld as a result of employer fraud,
6coercion, or any other unfair labor practice by the employer.
7If the Board determines that a labor organization would have
8had a majority interest but for an employer's fraud, coercion,
9or unfair labor practice, it shall designate the labor
10organization as an exclusive representative without conducting
11an election. If a hearing is necessary to resolve any issues of
12representation under this Section, the Board shall conclude its
13hearing process and issue a certification of the entire
14appropriate unit not later than 120 days after the date the
15petition was filed. The 120-day period may be extended one or
16more times by the agreement of all parties to a hearing to a
17date certain.
18 (a-6) A labor organization or an employer may file a unit
19clarification petition seeking to clarify an existing
20bargaining unit. The Board shall conclude its investigation,
21including any hearing process deemed necessary, and issue a
22certification of clarified unit or dismiss the petition not
23later than 120 days after the date the petition was filed. The
24120-day period may be extended one or more times by the
25agreement of all parties to a hearing to a date certain.
26 (b) The Board shall decide in each case, in order to assure

HB0672- 37 -LRB100 00083 RJF 10087 b
1public employees the fullest freedom in exercising the rights
2guaranteed by this Act, a unit appropriate for the purpose of
3collective bargaining, based upon but not limited to such
4factors as: historical pattern of recognition; community of
5interest including employee skills and functions; degree of
6functional integration; interchangeability and contact among
7employees; fragmentation of employee groups; common
8supervision, wages, hours and other working conditions of the
9employees involved; and the desires of the employees. For
10purposes of this subsection, fragmentation shall not be the
11sole or predominant factor used by the Board in determining an
12appropriate bargaining unit. Except with respect to non-State
13fire fighters and paramedics employed by fire departments and
14fire protection districts, non-State peace officers and peace
15officers in the State Department of State Police, a single
16bargaining unit determined by the Board may not include both
17supervisors and nonsupervisors, except for bargaining units in
18existence on the effective date of this Act. With respect to
19non-State fire fighters and paramedics employed by fire
20departments and fire protection districts, non-State peace
21officers and peace officers in the State Department of State
22Police, a single bargaining unit determined by the Board may
23not include both supervisors and nonsupervisors, except for
24bargaining units in existence on the effective date of this
25amendatory Act of 1985.
26 In cases involving an historical pattern of recognition,

HB0672- 38 -LRB100 00083 RJF 10087 b
1and in cases where the employer has recognized the union as the
2sole and exclusive bargaining agent for a specified existing
3unit, the Board shall find the employees in the unit then
4represented by the union pursuant to the recognition to be the
5appropriate unit.
6 Notwithstanding the above factors, where the majority of
7public employees of a craft so decide, the Board shall
8designate such craft as a unit appropriate for the purposes of
9collective bargaining.
10 The Board shall not decide that any unit is appropriate if
11such unit includes both professional and nonprofessional
12employees, unless a majority of each group votes for inclusion
13in such unit.
14 (c) Except as provided in subsection (e-1) of Section 6,
15nothing Nothing in this Act shall interfere with or negate the
16current representation rights or patterns and practices of
17labor organizations which have historically represented public
18employees for the purpose of collective bargaining, including
19but not limited to the negotiations of wages, hours and working
20conditions, discussions of employees' grievances, resolution
21of jurisdictional disputes, or the establishment and
22maintenance of prevailing wage rates, unless a majority of
23employees so represented express a contrary desire pursuant to
24the procedures set forth in this Act.
25 (d) In instances where the employer does not voluntarily
26recognize a labor organization as the exclusive bargaining

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1representative for a unit of employees, the Board shall
2determine the majority representative of the public employees
3in an appropriate collective bargaining unit by conducting a
4secret ballot election, except as otherwise provided in
5subsection (a-5). Within 7 days after the Board issues its
6bargaining unit determination and direction of election or the
7execution of a stipulation for the purpose of a consent
8election, the public employer shall submit to the labor
9organization the complete names and addresses of those
10employees who are determined by the Board to be eligible to
11participate in the election. When the Board has determined that
12a labor organization has been fairly and freely chosen by a
13majority of employees in an appropriate unit, it shall certify
14such organization as the exclusive representative. If the Board
15determines that a majority of employees in an appropriate unit
16has fairly and freely chosen not to be represented by a labor
17organization, it shall so certify. The Board may also revoke
18the certification of the public employee organizations as
19exclusive bargaining representatives which have been found by a
20secret ballot election to be no longer the majority
21representative.
22 (e) The Board shall not conduct an election in any
23bargaining unit or any subdivision thereof within which a valid
24election has been held in the preceding 12-month period. The
25Board shall determine who is eligible to vote in an election
26and shall establish rules governing the conduct of the election

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1or conduct affecting the results of the election. The Board
2shall include on a ballot in a representation election a choice
3of "no representation". A labor organization currently
4representing the bargaining unit of employees shall be placed
5on the ballot in any representation election. In any election
6where none of the choices on the ballot receives a majority, a
7runoff election shall be conducted between the 2 choices
8receiving the largest number of valid votes cast in the
9election. A labor organization which receives a majority of the
10votes cast in an election shall be certified by the Board as
11exclusive representative of all public employees in the unit.
12 (f) A labor organization shall be designated as the
13exclusive representative by a public employer, provided that
14the labor organization represents a majority of the public
15employees in an appropriate unit. Any employee organization
16which is designated or selected by the majority of public
17employees, in a unit of the public employer having no other
18recognized or certified representative, as their
19representative for purposes of collective bargaining may
20request recognition by the public employer in writing. The
21public employer shall post such request for a period of at
22least 20 days following its receipt thereof on bulletin boards
23or other places used or reserved for employee notices.
24 (g) Within the 20-day period any other interested employee
25organization may petition the Board in the manner specified by
26rules and regulations of the Board, provided that such

HB0672- 41 -LRB100 00083 RJF 10087 b
1interested employee organization has been designated by at
2least 10% of the employees in an appropriate bargaining unit
3which includes all or some of the employees in the unit
4recognized by the employer. In such event, the Board shall
5proceed with the petition in the same manner as provided by
6paragraph (1) of subsection (a) of this Section.
7 (h) No election shall be directed by the Board in any
8bargaining unit where there is in force a valid collective
9bargaining agreement. The Board, however, may process an
10election petition filed between 90 and 60 days prior to the
11expiration of the date of an agreement, and may further refine,
12by rule or decision, the implementation of this provision.
13Where more than 4 years have elapsed since the effective date
14of the agreement, the agreement shall continue to bar an
15election, except that the Board may process an election
16petition filed between 90 and 60 days prior to the end of the
17fifth year of such an agreement, and between 90 and 60 days
18prior to the end of each successive year of such agreement.
19 (i) An order of the Board dismissing a representation
20petition, determining and certifying that a labor organization
21has been fairly and freely chosen by a majority of employees in
22an appropriate bargaining unit, determining and certifying
23that a labor organization has not been fairly and freely chosen
24by a majority of employees in the bargaining unit or certifying
25a labor organization as the exclusive representative of
26employees in an appropriate bargaining unit because of a

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1determination by the Board that the labor organization is the
2historical bargaining representative of employees in the
3bargaining unit, is a final order. Any person aggrieved by any
4such order issued on or after the effective date of this
5amendatory Act of 1987 may apply for and obtain judicial review
6in accordance with provisions of the Administrative Review Law,
7as now or hereafter amended, except that such review shall be
8afforded directly in the Appellate Court for the district in
9which the aggrieved party resides or transacts business. Any
10direct appeal to the Appellate Court shall be filed within 35
11days from the date that a copy of the decision sought to be
12reviewed was served upon the party affected by the decision.
13(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
14 (5 ILCS 315/10) (from Ch. 48, par. 1610)
15 Sec. 10. Unfair labor practices.
16 (a) It shall be an unfair labor practice for an employer or
17its agents:
18 (1) to interfere with, restrain or coerce public
19 employees in the exercise of the rights guaranteed in this
20 Act or to dominate or interfere with the formation,
21 existence or administration of any labor organization or
22 contribute financial or other support to it; provided, an
23 employer shall not be prohibited from permitting employees
24 to confer with him during working hours without loss of
25 time or pay;

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1 (2) to discriminate in regard to hire or tenure of
2 employment or any term or condition of employment in order
3 to encourage or discourage membership in or other support
4 for any labor organization. Nothing in this Act or any
5 other law precludes a public employer from making an
6 agreement with a labor organization to require as a
7 condition of employment the payment of a fair share under
8 paragraph (e) of Section 6;
9 (3) to discharge or otherwise discriminate against a
10 public employee because he has signed or filed an
11 affidavit, petition or charge or provided any information
12 or testimony under this Act;
13 (4) to refuse to bargain collectively in good faith
14 with a labor organization which is the exclusive
15 representative of public employees in an appropriate unit,
16 including, but not limited to, the discussing of grievances
17 with the exclusive representative;
18 (5) to violate any of the rules and regulations
19 established by the Board with jurisdiction over them
20 relating to the conduct of representation elections or the
21 conduct affecting the representation elections;
22 (6) to expend or cause the expenditure of public funds
23 to any external agent, individual, firm, agency,
24 partnership or association in any attempt to influence the
25 outcome of representational elections held pursuant to
26 Section 9 of this Act; provided, that nothing in this

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1 subsection shall be construed to limit an employer's right
2 to internally communicate with its employees as provided in
3 subsection (c) of this Section, to be represented on any
4 matter pertaining to unit determinations, unfair labor
5 practice charges or pre-election conferences in any formal
6 or informal proceeding before the Board, or to seek or
7 obtain advice from legal counsel. Nothing in this paragraph
8 shall be construed to prohibit an employer from expending
9 or causing the expenditure of public funds on, or seeking
10 or obtaining services or advice from, any organization,
11 group, or association established by and including public
12 or educational employers, whether covered by this Act, the
13 Illinois Educational Labor Relations Act or the public
14 employment labor relations law of any other state or the
15 federal government, provided that such services or advice
16 are generally available to the membership of the
17 organization, group or association, and are not offered
18 solely in an attempt to influence the outcome of a
19 particular representational election; or
20 (7) to refuse to reduce a collective bargaining
21 agreement to writing or to refuse to sign such agreement.
22 (b) It shall be an unfair labor practice for a labor
23organization or its agents:
24 (1) to restrain or coerce public employees in the
25 exercise of the rights guaranteed in this Act, provided,
26 (i) that this paragraph shall not impair the right of a

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1 labor organization to prescribe its own rules with respect
2 to the acquisition or retention of membership therein or
3 the determination of fair share payments and (ii) that a
4 labor organization or its agents shall commit an unfair
5 labor practice under this paragraph in duty of fair
6 representation cases only by intentional misconduct in
7 representing employees under this Act;
8 (2) to restrain or coerce a public employer in the
9 selection of his representatives for the purposes of
10 collective bargaining or the settlement of grievances; or
11 (3) to cause, or attempt to cause, an employer to
12 discriminate against an employee in violation of
13 subsection (a)(2);
14 (4) to refuse to bargain collectively in good faith
15 with a public employer, if it has been designated in
16 accordance with the provisions of this Act as the exclusive
17 representative of public employees in an appropriate unit;
18 (5) to violate any of the rules and regulations
19 established by the boards with jurisdiction over them
20 relating to the conduct of representation elections or the
21 conduct affecting the representation elections;
22 (6) to discriminate against any employee because he has
23 signed or filed an affidavit, petition or charge or
24 provided any information or testimony under this Act;
25 (7) to picket or cause to be picketed, or threaten to
26 picket or cause to be picketed, any public employer where

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1 an object thereof is forcing or requiring an employer to
2 recognize or bargain with a labor organization of the
3 representative of its employees, or forcing or requiring
4 the employees of an employer to accept or select such labor
5 organization as their collective bargaining
6 representative, unless such labor organization is
7 currently certified as the representative of such
8 employees:
9 (A) where the employer has lawfully recognized in
10 accordance with this Act any labor organization and a
11 question concerning representation may not
12 appropriately be raised under Section 9 of this Act;
13 (B) where within the preceding 12 months a valid
14 election under Section 9 of this Act has been
15 conducted; or
16 (C) where such picketing has been conducted
17 without a petition under Section 9 being filed within a
18 reasonable period of time not to exceed 30 days from
19 the commencement of such picketing; provided that when
20 such a petition has been filed the Board shall
21 forthwith, without regard to the provisions of
22 subsection (a) of Section 9 or the absence of a showing
23 of a substantial interest on the part of the labor
24 organization, direct an election in such unit as the
25 Board finds to be appropriate and shall certify the
26 results thereof; provided further, that nothing in

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1 this subparagraph shall be construed to prohibit any
2 picketing or other publicity for the purpose of
3 truthfully advising the public that an employer does
4 not employ members of, or have a contract with, a labor
5 organization unless an effect of such picketing is to
6 induce any individual employed by any other person in
7 the course of his employment, not to pick up, deliver,
8 or transport any goods or not to perform any services;
9 or
10 (8) to refuse to reduce a collective bargaining
11 agreement to writing or to refuse to sign such agreement.
12 (c) The expressing of any views, argument, or opinion or
13the dissemination thereof, whether in written, printed,
14graphic, or visual form, shall not constitute or be evidence of
15an unfair labor practice under any of the provisions of this
16Act, if such expression contains no threat of reprisal or force
17or promise of benefit.
18(Source: P.A. 86-412; 87-736.)
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