Bill Text: IL HB6322 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Illinois Public Labor Relations Act. Provides that matters of inherent managerial policy over which employers are not required to bargain include the deletion of employee disciplinary reports, letters of reprimand, or other records of disciplinary action. Provides that nothing in the Act shall be construed to take precedence over the Personnel Record Review Act with regard to deletion of disciplinary reports, letters of reprimand, or other records of disciplinary action of peace officers. Amends the Personnel Record Review Act. Provides that an employer shall not delete peace officer disciplinary reports, letters of reprimand, or other records of disciplinary action which are more than 4 years old. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB6322 Detail]
Download: Illinois-2015-HB6322-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Labor Relations Act is | |||||||||||||||||||||||
5 | amended by changing Sections 4 and 15 as follows:
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6 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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7 | (Text of Section WITH the changes made by P.A. 98-599, | |||||||||||||||||||||||
8 | which has been held unconstitutional) | |||||||||||||||||||||||
9 | Sec. 4. Management Rights. Employers shall not be required | |||||||||||||||||||||||
10 | to bargain
over matters of inherent managerial policy, which | |||||||||||||||||||||||
11 | shall include such areas
of discretion or policy as the | |||||||||||||||||||||||
12 | functions of the employer, standards of
services,
its overall | |||||||||||||||||||||||
13 | budget, the organizational structure and selection of new
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14 | employees, examination techniques
and direction of employees. | |||||||||||||||||||||||
15 | Employers, however, shall be required to bargain
collectively | |||||||||||||||||||||||
16 | with regard to
policy matters directly affecting wages, hours | |||||||||||||||||||||||
17 | and terms and conditions of employment
as well as the impact | |||||||||||||||||||||||
18 | thereon upon request by employee representatives, except as | |||||||||||||||||||||||
19 | provided in Section 7.5.
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20 | To preserve the rights of employers and exclusive | |||||||||||||||||||||||
21 | representatives which
have established collective bargaining | |||||||||||||||||||||||
22 | relationships or negotiated collective
bargaining agreements | |||||||||||||||||||||||
23 | prior to the effective date of this Act, employers
shall be |
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1 | required to bargain collectively with regard to any matter | ||||||
2 | concerning
wages, hours or conditions of employment about which | ||||||
3 | they have bargained
for and agreed to in a collective | ||||||
4 | bargaining agreement
prior to the effective date of this Act, | ||||||
5 | except as provided in Section 7.5.
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6 | The chief judge of the judicial circuit that employs a | ||||||
7 | public employee who
is
a court reporter, as defined in the | ||||||
8 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
9 | promote, evaluate, discipline, and discharge court reporters
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10 | within that judicial circuit.
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11 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
12 | shall
be construed to intrude upon the judicial functions of | ||||||
13 | any court. This
amendatory Act of the 94th General Assembly | ||||||
14 | applies only to nonjudicial
administrative matters relating to | ||||||
15 | the collective bargaining rights of court
reporters.
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16 | (Source: P.A. 98-599, eff. 6-1-14 .)
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17 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
18 | which has been held unconstitutional) | ||||||
19 | Sec. 4. Management Rights. Employers shall not be required | ||||||
20 | to bargain
over matters of inherent managerial policy, which | ||||||
21 | shall include such areas
of discretion or policy as the | ||||||
22 | functions of the employer, standards of
services,
its overall | ||||||
23 | budget, the organizational structure and selection of new
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24 | employees, examination techniques ,
and direction of employees , | ||||||
25 | and deletion of employee disciplinary reports, letters of |
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1 | reprimand, or other records of disciplinary action . Employers, | ||||||
2 | however, shall be required to bargain
collectively with regard | ||||||
3 | to
policy matters directly affecting wages, hours and terms and | ||||||
4 | conditions of employment
as well as the impact thereon upon | ||||||
5 | request by employee representatives.
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6 | To preserve the rights of employers and exclusive | ||||||
7 | representatives which
have established collective bargaining | ||||||
8 | relationships or negotiated collective
bargaining agreements | ||||||
9 | prior to the effective date of this Act, employers
shall be | ||||||
10 | required to bargain collectively with regard to any matter | ||||||
11 | concerning
wages, hours or conditions of employment about which | ||||||
12 | they have bargained
for and agreed to in a collective | ||||||
13 | bargaining agreement
prior to the effective date of this Act.
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14 | The chief judge of the judicial circuit that employs a | ||||||
15 | public employee who
is
a court reporter, as defined in the | ||||||
16 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
17 | promote, evaluate, discipline, and discharge court reporters
| ||||||
18 | within that judicial circuit.
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19 | Nothing in this amendatory Act of the 94th General Assembly | ||||||
20 | shall
be construed to intrude upon the judicial functions of | ||||||
21 | any court. This
amendatory Act of the 94th General Assembly | ||||||
22 | applies only to nonjudicial
administrative matters relating to | ||||||
23 | the collective bargaining rights of court
reporters.
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24 | (Source: P.A. 94-98, eff. 7-1-05.)
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25 | (5 ILCS 315/15) (from Ch. 48, par. 1615)
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1 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
2 | which has been
held unconstitutional)
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3 | Sec. 15. Act Takes Precedence. | ||||||
4 | (a) In case of any conflict between the
provisions of this | ||||||
5 | Act and any other law (other than Section 5 of the State | ||||||
6 | Employees Group Insurance Act of 1971 and other than the | ||||||
7 | changes made to the Illinois Pension Code by Public Act 96-889 | ||||||
8 | and other than as provided in Section 7.5), executive order or | ||||||
9 | administrative
regulation relating to wages, hours and | ||||||
10 | conditions of employment and employment
relations, the | ||||||
11 | provisions of this Act or any collective bargaining agreement
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12 | negotiated thereunder shall prevail and control.
Nothing in | ||||||
13 | this Act shall be construed to replace or diminish the
rights | ||||||
14 | of employees established by Sections 28 and 28a of the | ||||||
15 | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | ||||||
16 | of the Regional Transportation
Authority Act. The provisions of | ||||||
17 | this Act are subject to Section 7.5 of this Act and Section 5 | ||||||
18 | of the State Employees Group Insurance Act of 1971. Nothing in | ||||||
19 | this Act shall be construed to replace the necessity of | ||||||
20 | complaints against a sworn peace officer, as defined in Section | ||||||
21 | 2(a) of the Uniform Peace Officer Disciplinary Act, from having | ||||||
22 | a complaint supported by a sworn affidavit.
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23 | (b) Except as provided in subsection (a) above, any | ||||||
24 | collective bargaining
contract between a public employer and a | ||||||
25 | labor organization executed pursuant
to this Act shall | ||||||
26 | supersede any contrary statutes, charters, ordinances, rules
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1 | or regulations relating to wages, hours and conditions of | ||||||
2 | employment and
employment relations adopted by the public | ||||||
3 | employer or its agents. Any collective
bargaining agreement | ||||||
4 | entered into prior to the effective date of this Act
shall | ||||||
5 | remain in full force during its duration.
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6 | (c) It is the public policy of this State, pursuant to | ||||||
7 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
8 | Illinois Constitution, that the
provisions of this Act are the | ||||||
9 | exclusive exercise by the State of powers
and functions which | ||||||
10 | might otherwise be exercised by home rule units. Such
powers | ||||||
11 | and functions may not be exercised concurrently, either | ||||||
12 | directly
or indirectly, by any unit of local government, | ||||||
13 | including any home rule
unit, except as otherwise authorized by | ||||||
14 | this Act.
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15 | (Source: P.A. 98-599, eff. 6-1-14 .)
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16 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
17 | which has been
held unconstitutional)
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18 | Sec. 15. Act Takes Precedence. | ||||||
19 | (a) In case of any conflict between the
provisions of this | ||||||
20 | Act and any other law (other than Section 5 of the State | ||||||
21 | Employees Group Insurance Act of 1971 and other than the | ||||||
22 | changes made to the Illinois Pension Code by this amendatory | ||||||
23 | Act of the 96th General Assembly), executive order or | ||||||
24 | administrative
regulation relating to wages, hours and | ||||||
25 | conditions of employment and employment
relations, the |
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1 | provisions of this Act or any collective bargaining agreement
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2 | negotiated thereunder shall prevail and control.
Nothing in | ||||||
3 | this Act shall be construed to replace or diminish the
rights | ||||||
4 | of employees established by Sections 28 and 28a of the | ||||||
5 | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | ||||||
6 | of the Regional Transportation
Authority Act. The provisions of | ||||||
7 | this Act are subject to Section 5 of the State Employees Group | ||||||
8 | Insurance Act of 1971. Nothing in this Act shall be construed | ||||||
9 | to replace the necessity of complaints against a sworn peace | ||||||
10 | officer, as defined in Section 2(a) of the Uniform Peace | ||||||
11 | Officer Disciplinary Act, from having a complaint supported by | ||||||
12 | a sworn affidavit.
Nothing in this Act shall be construed to | ||||||
13 | take precedence over Section 8 of the Personnel Record Review | ||||||
14 | Act with regard to deletion of disciplinary reports, letters of | ||||||
15 | reprimand, or other records of disciplinary action of peace | ||||||
16 | officers.
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17 | (b) Except as provided in subsection (a) above, any | ||||||
18 | collective bargaining
contract between a public employer and a | ||||||
19 | labor organization executed pursuant
to this Act shall | ||||||
20 | supersede any contrary statutes, charters, ordinances, rules
| ||||||
21 | or regulations relating to wages, hours and conditions of | ||||||
22 | employment and
employment relations adopted by the public | ||||||
23 | employer or its agents. Any collective
bargaining agreement | ||||||
24 | entered into prior to the effective date of this Act
shall | ||||||
25 | remain in full force during its duration.
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26 | (c) It is the public policy of this State, pursuant to |
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1 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
2 | Illinois Constitution, that the
provisions of this Act are the | ||||||
3 | exclusive exercise by the State of powers
and functions which | ||||||
4 | might otherwise be exercised by home rule units. Such
powers | ||||||
5 | and functions may not be exercised concurrently, either | ||||||
6 | directly
or indirectly, by any unit of local government, | ||||||
7 | including any home rule
unit, except as otherwise authorized by | ||||||
8 | this Act. | ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
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10 | Section 10. The Personnel Record Review Act is amended by | ||||||
11 | changing Section 8 as follows:
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12 | (820 ILCS 40/8) (from Ch. 48, par. 2008)
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13 | Sec. 8.
Except as otherwise provided in this Section, an An | ||||||
14 | employer shall review a personnel record before releasing
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15 | information to a third party and, except when the release is | ||||||
16 | ordered to
a party in a legal action or arbitration, delete | ||||||
17 | disciplinary reports,
letters of reprimand, or other records of | ||||||
18 | disciplinary action which are
more than 4 years old. An | ||||||
19 | employer shall not delete disciplinary reports, letters of | ||||||
20 | reprimand, or other records of disciplinary action of peace | ||||||
21 | officers, as defined in Section 3 of the Illinois Public Labor | ||||||
22 | Relations Act, which are more than 4 years old.
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23 | (Source: P.A. 83-1104.)
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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