Bill Text: IL HB3113 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Modifies the definition of "public employee" or "employee" to exclude from bargaining unit status any employee of the Department of Human Services who is classified as or who holds the position of Public Service Administrator or Executive 2.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3113 Detail]

Download: Illinois-2017-HB3113-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3113

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603

Amends the Illinois Public Labor Relations Act. Modifies the definition of "public employee" or "employee" to exclude from bargaining unit status any employee of the Department of Human Services who is classified as or who holds the position of Public Service Administrator or Executive 2.
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A BILL FOR

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1 AN ACT concerning 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 Section 3 as follows:
6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
7 Sec. 3. Definitions. As used in this Act, unless the
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) "Fair share agreement" means an agreement between the
15employer and an employee organization under which all or any of
16the employees in a collective bargaining unit are required to
17pay their proportionate share of the costs of the collective
18bargaining process, contract administration, and pursuing
19matters affecting wages, hours, and other conditions of
20employment, 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; any
15employee of the Department of Human Services who is classified
16as or who holds the position of Public Service Administrator or
17Executive 2; confidential employees; independent contractors;
18and supervisors except as provided in this Act.
19 Home care and home health workers who function as personal
20assistants and individual maintenance home health workers and
21who also work under the Home Services Program under Section 3
22of the Rehabilitation of Persons with Disabilities Act shall
23not be considered public employees for any purposes not
24specifically provided for in Public Act 93-204 or Public Act
2597-1158, including but not limited to, purposes of vicarious
26liability in tort and purposes of statutory retirement or

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

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

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

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

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

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

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

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

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

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1S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
2S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
3S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
4S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
5S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
6S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
7S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
8S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
9S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
10S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
11S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
12S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
13S-RC-07-100.
14(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1599-143, eff. 7-27-15.)
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