Bill Text: IL SB2458 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides for the right to organize and bargain collectively for legislative assistants of the General Assembly as public employees under the Act. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB2458 Detail]

Download: Illinois-2021-SB2458-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2458 Introduced 2/26/2021, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/6 from Ch. 48, par. 1606
Amends the Illinois Public Labor Relations Act. Provides for the right to organize and bargain collectively for legislative assistants of the General Assembly as public employees under the Act. Makes conforming changes.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 6 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.

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(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority of
public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative of
the employees in an appropriate bargaining unit, (iii) after
July 1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the employees in an
appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to the effective date of this amendatory Act of

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

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

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payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire
fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes but is not limited to
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the

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Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State
of Illinois for the purpose of influencing any legislative
action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a

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bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after April 5, 2013 (the effective date of Public
Act 97-1172), or (iii) for which a petition is pending before
the Illinois Public Labor Relations Board on that date,
"managerial employee" means an individual who is engaged in
executive and management functions or who is charged with the
effectuation of management policies and practices or who
represents management interests by taking or recommending
discretionary actions that effectively control or implement
policy. Nothing in this definition prohibits an individual
from also meeting the definition of "supervisor" under
subsection (r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section
3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement

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employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee

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who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal assistants working
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, subject to
the limitations set forth in this Act and in the
Rehabilitation of Persons with Disabilities Act, (iii) as of
the effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, (iv) as of January 29, 2013 (the
effective date of Public Act 97-1158), but not before except
as otherwise provided in this subsection (n), home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter

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whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, (v)
beginning on the effective date of this amendatory Act of the
98th General Assembly and notwithstanding any other provision
of this Act, any person employed by a public employer and who
is classified as or who holds the employment title of Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before the effective date of this
amendatory Act of the 98th General Assembly, and (vi)
beginning on the effective date of this amendatory Act of the
98th General Assembly and notwithstanding any other provision
of this Act, any mental health administrator in the Department
of Corrections who is classified as or who holds the position
of Public Service Administrator (Option 8K), any employee of
the Office of the Inspector General in the Department of Human

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Services who is classified as or who holds the position of
Public Service Administrator (Option 7), any Deputy of
Intelligence in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 7), and any employee of the Department
of State Police who handles issues concerning the Illinois
State Police Sex Offender Registry and who is classified as or
holds the position of Public Service Administrator (Option 7),
and (vii) beginning on the effective date of this amendatory
Act of the 102nd General Assembly, legislative assistants
employed by members of the General Assembly under Section 4 of
the General Assembly Compensation Act.
"Public employee" or "employee" does not include but
excluding all of the following: employees of the General
Assembly of the State of Illinois, other than legislative
assistants; elected officials; executive heads of a
department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General;
employees of each Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics
Commission; the Auditor General's Inspector General; employees
of the Office of the Auditor General's Inspector General; the
Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office of the Legislative
Inspector General; commissioners and employees of the
Legislative Ethics Commission; employees of any agency, board

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or commission created by this Act; employees appointed to
State positions of a temporary or emergency nature; all
employees of school districts and higher education
institutions except firefighters and peace officers employed
by a state university and except peace officers employed by a
school district in its own police department in existence on
the effective date of this amendatory Act of the 96th General
Assembly; managerial employees; short-term employees;
legislative liaisons; a person who is a State employee under
the jurisdiction of the Office of the Attorney General who is
licensed to practice law or whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation; a person who is
a State employee under the jurisdiction of the Office of the
Comptroller who holds the position of Public Service
Administrator or whose position is otherwise exempt under the
Comptroller Merit Employment Code; a person who is a State
employee under the jurisdiction of the Secretary of State who
holds the position classification of Executive I or higher,
whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation, or who is otherwise exempt under the
Secretary of State Merit Employment Code; employees in the
Office of the Secretary of State who are completely exempt

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from jurisdiction B of the Secretary of State Merit Employment
Code and who are in Rutan-exempt positions on or after April 5,
2013 (the effective date of Public Act 97-1172); a person who
is a State employee under the jurisdiction of the Treasurer
who holds a position that is exempt from the State Treasurer
Employment Code; any employee of a State agency who (i) holds
the title or position of, or exercises substantially similar
duties as a legislative liaison, Agency General Counsel,
Agency Chief of Staff, Agency Executive Director, Agency
Deputy Director, Agency Chief Fiscal Officer, Agency Human
Resources Director, Public Information Officer, or Chief
Information Officer and (ii) was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employee of a State
agency who (i) is in a position that is Rutan-exempt, as
designated by the employer, and completely exempt from
jurisdiction B of the Personnel Code and (ii) was neither
included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.

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Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in this amendatory Act of the 94th General Assembly,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Child and day care home providers shall
not be covered by the State Employees Group Insurance Act of
1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.

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(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act. As of January 29, 2013 (the effective date
of Public Act 97-1158), but not before except as otherwise
provided in this subsection (o), the State shall be considered
the employer of home care and home health workers who function
as personal assistants and individual maintenance home health
workers and who also work under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, no matter whether the State provides those
services through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, but subject to the limitations set
forth in this Act and the Rehabilitation of Persons with

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Disabilities Act. The State shall not be considered to be the
employer of home care and home health workers who function as
personal assistants and individual maintenance home health
workers and who also work under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, for any purposes not specifically provided
for in Public Act 93-204 or Public Act 97-1158, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be covered by the State Employees Group Insurance Act of
1971 (5 ILCS 375/). As of the effective date of this amendatory
Act of the 94th General Assembly but not before, the State of
Illinois shall be considered the employer of the day and child
care home providers participating in the child care assistance
program under Section 9A-11 of the Illinois Public Aid Code,
subject to the limitations set forth in this Act and in Section
9A-11 of the Illinois Public Aid Code. The State shall not be
considered to be the employer of child and day care home
providers for any purposes not specifically provided for in
this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort
and purposes of statutory retirement or health insurance

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benefits. Child and day care home providers shall not be
covered by the State Employees Group Insurance Act of 1971.
For the purposes of collective bargaining under this Act,
the State of Illinois shall be considered the public employer
of legislative assistants employed by members of the General
Assembly under Section 4 of the General Assembly Compensation
Act.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General
Assembly. County boards and county sheriffs shall be
designated as joint or co-employers of county peace officers
appointed under the authority of a county sheriff. Nothing in

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this subsection (o) shall be construed to prevent the State
Panel or the Local Panel from determining that employers are
joint or co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control

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of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Department of State Police
Merit Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,

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State supervisors notwithstanding. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law
enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the

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persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, a bargaining unit determined by the Board
shall not include both employees and supervisors, or
supervisors only, except as provided in paragraph (2) of this

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subsection (s) and except for bargaining units in existence on
July 1, 1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, a bargaining unit determined by the Board shall not
include both supervisors and nonsupervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on January 1,
1986 (the effective date of this amendatory Act of 1985). A
bargaining unit determined by the Board to contain peace
officers shall contain no employees other than peace officers
unless otherwise agreed to by the employer and the labor
organization or labor organizations involved. Notwithstanding
any other provision of this Act, a bargaining unit, including
a historical bargaining unit, containing sworn peace officers
of the Department of Natural Resources (formerly designated
the Department of Conservation) shall contain no employees
other than such sworn peace officers upon the effective date
of this amendatory Act of 1990 or upon the expiration date of
any collective bargaining agreement in effect upon the
effective date of this amendatory Act of 1990 covering both
such sworn peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its

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supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

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S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
(5 ILCS 315/6) (from Ch. 48, par. 1606)
Sec. 6. Right to organize and bargain collectively;
exclusive representation; and fair share arrangements.
(a) Employees of the State and any political subdivision
of the State, excluding employees of the General Assembly of
the State of Illinois, other than legislative assistants, and
employees excluded from the definition of "public employee"
under subsection (n) of Section 3 of this Act, have, and are
protected in the exercise of, the right of self-organization,
and may form, join or assist any labor organization, to
bargain collectively through representatives of their own
choosing on questions of wages, hours and other conditions of
employment, not excluded by Section 4 of this Act, and to
engage in other concerted activities not otherwise prohibited
by law for the purposes of collective bargaining or other
mutual aid or protection, free from interference, restraint or
coercion. Employees also have, and are protected in the
exercise of, the right to refrain from participating in any
such concerted activities. Employees may be required, pursuant
to the terms of a lawful fair share agreement, to pay a fee
which shall be their proportionate share of the costs of the
collective bargaining process, contract administration and

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pursuing matters affecting wages, hours and other conditions
of employment as defined in Section 3(g).
(b) Nothing in this Act prevents an employee from
presenting a grievance to the employer and having the
grievance heard and settled without the intervention of an
employee organization; provided that the exclusive bargaining
representative is afforded the opportunity to be present at
such conference and that any settlement made shall not be
inconsistent with the terms of any agreement in effect between
the employer and the exclusive bargaining representative.
(c) A labor organization designated by the Board as the
representative of the majority of public employees in an
appropriate unit in accordance with the procedures herein or
recognized by a public employer as the representative of the
majority of public employees in an appropriate unit is the
exclusive representative for the employees of such unit for
the purpose of collective bargaining with respect to rates of
pay, wages, hours and other conditions of employment not
excluded by Section 4 of this Act. Unless otherwise mutually
agreed, a public employer is required at least once each month
and upon request, to furnish the exclusive bargaining
representative with a complete list of the names and addresses
of the public employees in the bargaining unit, provided that
a public employer shall not be required to furnish such a list
more than once per payroll period. The exclusive bargaining
representative shall use the list exclusively for bargaining

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representation purposes and shall not disclose any information
contained in the list for any other purpose. Nothing in this
Section, however, shall prohibit a bargaining representative
from disseminating a list of its union members.
At the time the public employer provides such list, it
shall also provide to the exclusive representative, in an
Excel file or other mutually agreed upon editable digital file
format, the employee's job title, worksite location, work
telephone numbers, identification number if available, and any
home and personal cellular telephone numbers on file with the
employer, date of hire, work email address, and any personal
email address on file with the employer. In addition, unless
otherwise mutually agreed, within 10 calendar days from the
date of hire of a bargaining unit employee, the public
employer shall provide to the exclusive representative, in an
electronic file or other mutually agreed upon format, the
following information about the new employee: the employee's
name, job title, worksite location, home address, work
telephone numbers, and any home and personal cellular
telephone numbers on file with the employer, date of hire,
work email address, and any personal email address on file
with the employer.
(c-5) No employer shall disclose the following information
of any employee: (1) the employee's home address (including
ZIP code and county); (2) the employee's date of birth; (3) the
employee's home and personal phone number; (4) the employee's

SB2458 - 27 - LRB102 16496 RJF 21889 b
personal email address; (5) any information personally
identifying employee membership or membership status in a
labor organization or other voluntary association affiliated
with a labor organization or a labor federation (including
whether employees are members of such organization, the
identity of such organization, whether or not employees pay or
authorize the payment of any dues or moneys to such
organization, and the amounts of such dues or moneys); and (6)
emails or other communications between a labor organization
and its members.
As soon as practicable after receiving a request for any
information prohibited from disclosure under this subsection
(c-5), excluding a request from the exclusive bargaining
representative of the employee, the employer must provide a
written copy of the request, or a written summary of any oral
request, to the exclusive bargaining representative of the
employee or, if no such representative exists, to the
employee. The employer must also provide a copy of any
response it has made within 5 business days of sending the
response to any request.
If an employer discloses information in violation of this
subsection (c-5), an aggrieved employee of the employer or his
or her exclusive bargaining representative may file an unfair
labor practice charge with the Illinois Labor Relations Board
pursuant to Section 10 of this Act or commence an action in the
circuit court to enforce the provisions of this Act, including

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actions to compel compliance, if an employer willfully and
wantonly discloses information in violation of this
subsection. The circuit court for the county in which the
complainant resides, in which the complainant is employed, or
in which the employer is located shall have jurisdiction in
this matter.
This subsection does not apply to disclosures (i) required
under the Freedom of Information Act, (ii) for purposes of
conducting public operations or business, or (iii) to the
exclusive representative.
(c-10) Employers shall provide to exclusive
representatives, including their agents and employees,
reasonable access to employees in the bargaining units they
represent. This access shall at all times be conducted in a
manner so as not to impede normal operations.
(1) Access includes the following:
(A) the right to meet with one or more employees on
the employer's premises during the work day to
investigate and discuss grievances and
workplace-related complaints without charge to pay or
leave time of employees or agents of the exclusive
representative;
(B) the right to conduct worksite meetings during
lunch and other non-work breaks, and before and after
the workday, on the employer's premises to discuss
collective bargaining negotiations, the administration

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of collective bargaining agreements, other matters
related to the duties of the exclusive representative,
and internal matters involving the governance or
business of the exclusive representative, without
charge to pay or leave time of employees or agents of
the exclusive representative;
(C) the right to meet with newly hired employees,
without charge to pay or leave time of the employees or
agents of the exclusive representative, on the
employer's premises or at a location mutually agreed
to by the employer and exclusive representative for up
to one hour either within the first two weeks of
employment in the bargaining unit or at a later date
and time if mutually agreed upon by the employer and
the exclusive representative; and
(D) the right to use the facility mailboxes and
bulletin boards of the employer to communicate with
bargaining unit employees regarding collective
bargaining negotiations, the administration of the
collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and
issues, and internal matters involving the governance
or business of the exclusive representative.
(2) Nothing in this Section shall prohibit an employer
and exclusive representative from agreeing in a collective
bargaining agreement to provide the exclusive

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representative greater access to bargaining unit
employees, including through the use of the employer's
email system.
(d) Labor organizations recognized by a public employer as
the exclusive representative or so designated in accordance
with the provisions of this Act are responsible for
representing the interests of all public employees in the
unit. Nothing herein shall be construed to limit an exclusive
representative's right to exercise its discretion to refuse to
process grievances of employees that are unmeritorious.
(e) When a collective bargaining agreement is entered into
with an exclusive representative, it may include in the
agreement a provision requiring employees covered by the
agreement who are not members of the organization to pay their
proportionate share of the costs of the collective bargaining
process, contract administration and pursuing matters
affecting wages, hours and conditions of employment, as
defined in Section 3 (g), but not to exceed the amount of dues
uniformly required of members. The organization shall certify
to the employer the amount constituting each nonmember
employee's proportionate share which shall not exceed dues
uniformly required of members. In such case, the proportionate
share payment in this Section shall be deducted by the
employer from the earnings of the nonmember employees and paid
to the employee organization.
(f) Employers shall make payroll deductions of labor

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organization dues, initiation fees, assessments, and other
payments for a labor organization that is the exclusive
representative. Such deductions shall be made in accordance
with the terms of an employee's written authorization, and
shall be paid to the exclusive representative. Written
authorization may be evidenced by electronic communications,
and such writing or communication may be evidenced by the
electronic signature of the employee as provided under Section
5-120 of the Electronic Commerce Security Act.
There is no impediment to an employee's right to resign
union membership at any time. However, notwithstanding any
other provision of law to the contrary regarding authorization
and deduction of dues or other payments to a labor
organization, the exclusive representative and a public
employee may agree to reasonable limits on the right of the
employee to revoke such authorization, including a period of
irrevocability that exceeds one year. An authorization that is
irrevocable for one year, which may be automatically renewed
for successive annual periods in accordance with the terms of
the authorization, and that contains at least an annual 10-day
period of time during which the employee may revoke the
authorization, shall be deemed reasonable.
This Section shall apply to all claims that allege that a
labor organization or a public employer has improperly
deducted or collected dues from an employee without regard to
whether the claims or the facts upon which they are based

SB2458 - 32 - LRB102 16496 RJF 21889 b
occurred before, on, or after the effective date of this
amendatory Act of the 101st General Assembly and shall apply
retroactively to the maximum extent permitted by law.
(f-5) Where a collective bargaining agreement is
terminated, or continues in effect beyond its scheduled
expiration date pending the negotiation of a successor
agreement or the resolution of an impasse under Section 14,
the employer shall continue to honor and abide by any dues
deduction or fair share clause contained therein until a new
agreement is reached including dues deduction or a fair share
clause. For the benefit of any successor exclusive
representative certified under this Act, this provision shall
be applicable, provided the successor exclusive
representative:
(i) certifies to the employer the amount constituting
each non-member's proportionate share under subsection
(e); or
(ii) presents the employer with employee written
authorizations for the deduction of dues, assessments, and
fees under this subsection.
Failure to so honor and abide by dues deduction or fair
share clauses for the benefit of any exclusive representative,
including a successor, shall be a violation of the duty to
bargain and an unfair labor practice.
(f-10) Upon receiving written notice of authorization, the
public employer must commence dues deductions as soon as

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practicable, but in no case later than 30 days after receiving
notice from the labor organization. Employee deductions shall
be transmitted to the labor organization no later than 30 days
after they are deducted unless a shorter period is mutually
agreed to.
(f-15) Deductions shall remain in effect until:
(1) the public employer receives notice that a public
employee has revoked their authorization in writing in
accordance with the terms of the authorization; or
(2) the individual employee is no longer employed by
the public employer in a bargaining unit position
represented by the same exclusive representative, provided
that if the employee is, within a period of one year,
employed by the same public employer in a position
represented by the same labor organization, the right to
dues deduction shall be automatically reinstated.
Nothing in this subsection prevents an employee from
continuing to authorize payroll deductions when no longer
represented by the exclusive representative that would receive
such deduction.
Should the individual employee who has signed a dues
deduction authorization card either be removed from a public
employer's payroll or otherwise placed on any type of
involuntary or voluntary leave of absence, whether paid or
unpaid, the public employee's dues deduction shall be
continued upon that public employee's return to the payroll in

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a bargaining unit position represented by the same exclusive
representative or restoration to active duty from such a leave
of absence.
(f-20) Unless otherwise mutually agreed by the public
employer and the exclusive representative, employee requests
to authorize, revoke, cancel, or change authorizations for
payroll deductions for labor organizations shall be directed
to the labor organization rather than to the public employer.
The labor organization shall be responsible for initially
processing and notifying the public employer of proper
requests or providing proper requests to the employer. If the
requests are not provided to the public employer, the employer
shall rely on information provided by the labor organization
regarding whether deductions for a labor organization were
properly authorized, revoked, canceled, or changed, and the
labor organization shall indemnify the public employer for any
damages and reasonable costs incurred for any claims made by
employees for deductions made in good faith reliance on that
information.
(f-25) Upon receipt by the exclusive representative of an
appropriate written authorization from an employee, written
notice of authorization shall be provided to the employer and
any authorized deductions shall be made in accordance with
law. The labor organization shall indemnify the public
employer for any damages and reasonable costs incurred for any
claims made by employees for deductions made in good faith

SB2458 - 35 - LRB102 16496 RJF 21889 b
reliance on its notification.
(f-30) The failure of an employer to comply with the
provisions of this Section shall be a violation of the duty to
bargain and an unfair labor practice. Relief for the violation
shall be reimbursement by the public employer of dues that
should have been deducted or paid based on a valid
authorization given by the employee or employees. In addition,
the provisions of a collective bargaining agreement that
contain the obligations set forth in this Section may be
enforced in accordance with Sections 8 and 16.
(f-35) The Illinois Labor Relations Board shall have
exclusive jurisdiction over claims under Illinois law that
allege that a labor organization has unlawfully collected dues
from a public employee in violation of this Act. The Board
shall by rule require that in cases in which a public employee
alleges that a labor organization has unlawfully collected
dues, the public employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit
the dues to the Board for deposit in an escrow account
maintained by the Board. If the exclusive representative
maintains an escrow account for the purpose of holding dues to
which an employee has objected, the employer shall transmit
the entire amount of dues to the exclusive representative, and
the exclusive representative shall hold in escrow the dues
that the employer would otherwise have been required to
transmit to the Board for escrow; provided that the escrow

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account maintained by the exclusive representative complies
with rules adopted by the Board or that the collective
bargaining agreement requiring the payment of the dues
contains an indemnification provision for the purpose of
indemnifying the employer with respect to the employer's
transmission of dues to the exclusive representative.
(f-40) If any clause, sentence, paragraph, or subparagraph
of this Section shall be adjudged by a court of competent
jurisdiction to be unconstitutional or otherwise invalid, that
judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or subparagraph of this Section directly
involved in the controversy in which that judgment shall have
been rendered.
If any clause, sentence, paragraph, or part of a signed
authorization for payroll deductions shall be adjudged by a
court of competent jurisdiction to be unconstitutional or
otherwise invalid, that judgment shall not affect, impair, or
invalidate the remainder of the signed authorization, but
shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly
involved in the controversy in which that judgment shall have
been rendered.
(g) Agreements containing a fair share agreement must
safeguard the right of nonassociation of employees based upon
bona fide religious tenets or teachings of a church or

SB2458 - 37 - LRB102 16496 RJF 21889 b
religious body of which such employees are members. Such
employees may be required to pay an amount equal to their fair
share, determined under a lawful fair share agreement, to a
nonreligious charitable organization mutually agreed upon by
the employees affected and the exclusive bargaining
representative to which such employees would otherwise pay
such service fee. If the affected employees and the bargaining
representative are unable to reach an agreement on the matter,
the Board may establish an approved list of charitable
organizations to which such payments may be made.
(Source: P.A. 101-620, eff. 12-20-19.)