Bill Text: IL HB4420 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Provides that, in labor negotiations in which a circuit clerk's office is an involved bargaining unit, the county board that is responsible for the funding of the circuit clerk's office shall be considered a co-employer of the bargaining unit along with the circuit clerk's office, and shall be entitled to representation in all labor negotiations. Provides that, in labor negotiations in which the office having managerial authority over probation officers and staff is an involved bargaining unit, the county board that is responsible for the funding of that office shall be considered a co-employer of the bargaining unit along with the office that has managerial authority, and shall be entitled to representation in all labor negotiations. Makes a conforming change. Effective January 1, 2021.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4420 Detail]

Download: Illinois-2019-HB4420-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4420

Introduced , by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/29 new

Amends the Illinois Public Labor Relations Act. Provides that, in labor negotiations in which a circuit clerk's office is an involved bargaining unit, the county board that is responsible for the funding of the circuit clerk's office shall be considered a co-employer of the bargaining unit along with the circuit clerk's office, and shall be entitled to representation in all labor negotiations. Provides that, in labor negotiations in which the office having managerial authority over probation officers and staff is an involved bargaining unit, the county board that is responsible for the funding of that office shall be considered a co-employer of the bargaining unit along with the office that has managerial authority, and shall be entitled to representation in all labor negotiations. Makes a conforming change. Effective January 1, 2021.
LRB101 16487 RJF 65868 b

A BILL FOR

HB4420LRB101 16487 RJF 65868 b
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 and by adding Section 29 as
6follows:
7 (5 ILCS 315/3) (from Ch. 48, par. 1603)
8 Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10 (a) "Board" means the Illinois Labor Relations Board or,
11with respect to a matter over which the jurisdiction of the
12Board is assigned to the State Panel or the Local Panel under
13Section 5, the panel having jurisdiction over the matter.
14 (b) "Collective bargaining" means bargaining over terms
15and conditions of employment, including hours, wages, and other
16conditions of employment, as detailed in Section 7 and which
17are not excluded by Section 4.
18 (c) "Confidential employee" means an employee who, in the
19regular course of his or her duties, assists and acts in a
20confidential capacity to persons who formulate, determine, and
21effectuate management policies with regard to labor relations
22or who, in the regular course of his or her duties, has
23authorized access to information relating to the effectuation

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1or review of the employer's collective bargaining policies.
2 (d) "Craft employees" means skilled journeymen, crafts
3persons, and their apprentices and helpers.
4 (e) "Essential services employees" means those public
5employees performing functions so essential that the
6interruption or termination of the function will constitute a
7clear and present danger to the health and safety of the
8persons in the affected community.
9 (f) "Exclusive representative", except with respect to
10non-State fire fighters and paramedics employed by fire
11departments and fire protection districts, non-State peace
12officers, and peace officers in the Department of State Police,
13means the labor organization that has been (i) designated by
14the Board as the representative of a majority of public
15employees in an appropriate bargaining unit in accordance with
16the procedures contained in this Act, (ii) historically
17recognized by the State of Illinois or any political
18subdivision of the State before July 1, 1984 (the effective
19date of this Act) as the exclusive representative of the
20employees in an appropriate bargaining unit, (iii) after July
211, 1984 (the effective date of this Act) recognized by an
22employer upon evidence, acceptable to the Board, that the labor
23organization has been designated as the exclusive
24representative by a majority of the employees in an appropriate
25bargaining unit; (iv) recognized as the exclusive
26representative of personal assistants under Executive Order

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12003-8 prior to the effective date of this amendatory Act of
2the 93rd General Assembly, and the organization shall be
3considered to be the exclusive representative of the personal
4assistants as defined in this Section; or (v) recognized as the
5exclusive representative of child and day care home providers,
6including licensed and license exempt providers, pursuant to an
7election held under Executive Order 2005-1 prior to the
8effective date of this amendatory Act of the 94th General
9Assembly, and the organization shall be considered to be the
10exclusive representative of the child and day care home
11providers as defined in this Section.
12 With respect to non-State fire fighters and paramedics
13employed by fire departments and fire protection districts,
14non-State peace officers, and peace officers in the Department
15of State Police, "exclusive representative" means the labor
16organization that has been (i) designated by the Board as the
17representative of a majority of peace officers or fire fighters
18in an appropriate bargaining unit in accordance with the
19procedures contained in this Act, (ii) historically recognized
20by the State of Illinois or any political subdivision of the
21State before January 1, 1986 (the effective date of this
22amendatory Act of 1985) as the exclusive representative by a
23majority of the peace officers or fire fighters in an
24appropriate bargaining unit, or (iii) after January 1, 1986
25(the effective date of this amendatory Act of 1985) recognized
26by an employer upon evidence, acceptable to the Board, that the

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

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1conjunction with his or her fair share payment.
2 (g-1) "Fire fighter" means, for the purposes of this Act
3only, any person who has been or is hereafter appointed to a
4fire department or fire protection district or employed by a
5state university and sworn or commissioned to perform fire
6fighter duties or paramedic duties, including paramedics
7employed by a unit of local government, except that the
8following persons are not included: part-time fire fighters,
9auxiliary, reserve or voluntary fire fighters, including paid
10on-call fire fighters, clerks and dispatchers or other civilian
11employees of a fire department or fire protection district who
12are not routinely expected to perform fire fighter duties, or
13elected officials.
14 (g-2) "General Assembly of the State of Illinois" means the
15legislative branch of the government of the State of Illinois,
16as provided for under Article IV of the Constitution of the
17State of Illinois, and includes but is not limited to the House
18of Representatives, the Senate, the Speaker of the House of
19Representatives, the Minority Leader of the House of
20Representatives, the President of the Senate, the Minority
21Leader of the Senate, the Joint Committee on Legislative
22Support Services and any legislative support services agency
23listed in the Legislative Commission Reorganization Act of
241984.
25 (h) "Governing body" means, in the case of the State, the
26State Panel of the Illinois Labor Relations Board, the Director

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

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1petition is filed with the Illinois Public Labor Relations
2Board on or after April 5, 2013 (the effective date of Public
3Act 97-1172), or (iii) for which a petition is pending before
4the Illinois Public Labor Relations Board on that date,
5"managerial employee" means an individual who is engaged in
6executive and management functions or who is charged with the
7effectuation of management policies and practices or who
8represents management interests by taking or recommending
9discretionary actions that effectively control or implement
10policy. Nothing in this definition prohibits an individual from
11also meeting the definition of "supervisor" under subsection
12(r) of this Section.
13 (k) "Peace officer" means, for the purposes of this Act
14only, any persons who have been or are hereafter appointed to a
15police force, department, or agency and sworn or commissioned
16to perform police duties, except that the following persons are
17not included: part-time police officers, special police
18officers, auxiliary police as defined by Section 3.1-30-20 of
19the Illinois Municipal Code, night watchmen, "merchant
20police", court security officers as defined by Section 3-6012.1
21of the Counties Code, temporary employees, traffic guards or
22wardens, civilian parking meter and parking facilities
23personnel or other individuals specially appointed to aid or
24direct traffic at or near schools or public functions or to aid
25in civil defense or disaster, parking enforcement employees who
26are not commissioned as peace officers and who are not armed

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

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

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

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

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1employees; short-term employees; legislative liaisons; a
2person who is a State employee under the jurisdiction of the
3Office of the Attorney General who is licensed to practice law
4or whose position authorizes, either directly or indirectly,
5meaningful input into government decision-making on issues
6where there is room for principled disagreement on goals or
7their implementation; a person who is a State employee under
8the jurisdiction of the Office of the Comptroller who holds the
9position of Public Service Administrator or whose position is
10otherwise exempt under the Comptroller Merit Employment Code; a
11person who is a State employee under the jurisdiction of the
12Secretary of State who holds the position classification of
13Executive I or higher, whose position authorizes, either
14directly or indirectly, meaningful input into government
15decision-making on issues where there is room for principled
16disagreement on goals or their implementation, or who is
17otherwise exempt under the Secretary of State Merit Employment
18Code; employees in the Office of the Secretary of State who are
19completely exempt from jurisdiction B of the Secretary of State
20Merit Employment Code and who are in Rutan-exempt positions on
21or after April 5, 2013 (the effective date of Public Act
2297-1172); a person who is a State employee under the
23jurisdiction of the Treasurer who holds a position that is
24exempt from the State Treasurer Employment Code; any employee
25of a State agency who (i) holds the title or position of, or
26exercises substantially similar duties as a legislative

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1liaison, Agency General Counsel, Agency Chief of Staff, Agency
2Executive Director, Agency Deputy Director, Agency Chief
3Fiscal Officer, Agency Human Resources Director, Public
4Information Officer, or Chief Information Officer and (ii) was
5neither included in a bargaining unit nor subject to an active
6petition for certification in a bargaining unit; any employee
7of a State agency who (i) is in a position that is
8Rutan-exempt, as designated by the employer, and completely
9exempt from jurisdiction B of the Personnel Code and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any term
12appointed employee of a State agency pursuant to Section 8b.18
13or 8b.19 of the Personnel Code who was neither included in a
14bargaining unit nor subject to an active petition for
15certification in a bargaining unit; any employment position
16properly designated pursuant to Section 6.1 of this Act;
17confidential employees; independent contractors; and
18supervisors 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 With respect to labor negotiations in which a circuit
21clerk's office or an office having managerial authority over
22probation officers and staff are an involved bargaining unit,
23"employer" shall include the county board that is responsible
24for the funding of those offices.
25 "Public employer" or "employer" as used in this Act,
26however, does not mean and shall not include the General

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

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1 Judicial Circuit, the chief judge of the Cook County
2 Circuit Court is the public employer and employer
3 representative.
4 (2) For court reporters employed by the 12th, 18th,
5 19th, and, on and after December 4, 2006, the 22nd judicial
6 circuits, a group consisting of the chief judges of those
7 circuits, acting jointly by majority vote, is the public
8 employer and employer representative.
9 (3) For court reporters employed by all other judicial
10 circuits, a group consisting of the chief judges of those
11 circuits, acting jointly by majority vote, is the public
12 employer and employer representative.
13 (p) "Security employee" means an employee who is
14responsible for the supervision and control of inmates at
15correctional facilities. The term also includes other
16non-security employees in bargaining units having the majority
17of employees being responsible for the supervision and control
18of inmates at correctional facilities.
19 (q) "Short-term employee" means an employee who is employed
20for less than 2 consecutive calendar quarters during a calendar
21year and who does not have a reasonable assurance that he or
22she will be rehired by the same employer for the same service
23in a subsequent calendar year.
24 (q-5) "State agency" means an agency directly responsible
25to the Governor, as defined in Section 3.1 of the Executive
26Reorganization Implementation Act, and the Illinois Commerce

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

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1 service law, ordinances, personnel codes, or Division 2.1
2 of Article 10 of the Illinois Municipal Code, but these
3 factors shall not be the sole or predominant factors
4 considered by the Board in determining police supervisory
5 status.
6 Notwithstanding the provisions of the preceding
7 paragraph, in determining supervisory status in fire
8 fighter employment, no fire fighter shall be excluded as a
9 supervisor who has established representation rights under
10 Section 9 of this Act. Further, in new fire fighter units,
11 employees shall consist of fire fighters of the rank of
12 company officer and below. If a company officer otherwise
13 qualifies as a supervisor under the preceding paragraph,
14 however, he or she shall not be included in the fire
15 fighter unit. If there is no rank between that of chief and
16 the highest company officer, the employer may designate a
17 position on each shift as a Shift Commander, and the
18 persons occupying those positions shall be supervisors.
19 All other ranks above that of company officer shall be
20 supervisors.
21 (2) With respect only to State employees in positions
22 under the jurisdiction of the Attorney General, Secretary
23 of State, Comptroller, or Treasurer (i) that were certified
24 in a bargaining unit on or after December 2, 2008, (ii) for
25 which a petition is filed with the Illinois Public Labor
26 Relations Board on or after April 5, 2013 (the effective

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1 date of Public Act 97-1172), or (iii) for which a petition
2 is pending before the Illinois Public Labor Relations Board
3 on that date, an employee who qualifies as a supervisor
4 under (A) Section 152 of the National Labor Relations Act
5 and (B) orders of the National Labor Relations Board
6 interpreting that provision or decisions of courts
7 reviewing decisions of the National Labor Relations Board.
8 (s)(1) "Unit" means a class of jobs or positions that are
9held by employees whose collective interests may suitably be
10represented by a labor organization for collective bargaining.
11Except 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, a bargaining unit determined by the Board
15shall not include both employees and supervisors, or
16supervisors only, except as provided in paragraph (2) of this
17subsection (s) and except for bargaining units in existence on
18July 1, 1984 (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 Department of State Police,
22a bargaining unit determined by the Board shall not include
23both supervisors and nonsupervisors, or supervisors only,
24except as provided in paragraph (2) of this subsection (s) and
25except for bargaining units in existence on January 1, 1986
26(the effective date of this amendatory Act of 1985). A

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

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1judicial circuits.
2 (t) "Active petition for certification in a bargaining
3unit" means a petition for certification filed with the Board
4under one of the following case numbers: S-RC-11-110;
5S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
6S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
7S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
8S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
9S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
10S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
11S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
12S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
13S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
14S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
15S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
16S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
17S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
18S-RC-07-100.
19(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
20 (5 ILCS 315/29 new)
21 Sec. 29. Co-employer status in labor negotiations.
22 (a) In labor negotiations in which a circuit clerk's office
23is an involved bargaining unit, the county board that is
24responsible for the funding of the circuit clerk's office shall
25be considered a co-employer of the bargaining unit along with

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1the circuit clerk's office, and shall be entitled to
2representation in all labor negotiations.
3 (b) In labor negotiations in which the office having
4managerial authority over probation officers and staff is an
5involved bargaining unit, the county board that is responsible
6for the funding of that office shall be considered a
7co-employer of the bargaining unit along with the office that
8has managerial authority, and shall be entitled to
9representation in all labor negotiations.
10 Section 99. Effective date. This Act takes effect January
111, 2021.
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