Bill Text: IL SB3534 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Modifies the definition of "public employee" or "employee" to exclude from bargaining unit status any employee of the Department of Human Services who is classified as or who holds the position of Public Service Administrator, but not including persons holding the position of Public Service Administrator on and before the effective date of this amendatory Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-04-27 - Rule 3-9(a) / Re-referred to Assignments [SB3534 Detail]

Download: Illinois-2017-SB3534-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3534

Introduced 2/16/2018, by Sen. Jason A. Barickman

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

Amends the Illinois Public Labor Relations Act. Modifies the definition of "public employee" or "employee" to exclude from bargaining unit status any employee of the Department of Human Services who is classified as or who holds the position of Public Service Administrator, but not including persons holding the position of Public Service Administrator on and before the effective date of this amendatory Act.
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A BILL FOR

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

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

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

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

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

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

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

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

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

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

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

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

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1Fiscal Officer, Agency Human Resources Director, Public
2Information Officer, or Chief Information Officer and (ii) was
3neither included in a bargaining unit nor subject to an active
4petition for certification in a bargaining unit; any employee
5of a State agency who (i) is in a position that is
6Rutan-exempt, as designated by the employer, and completely
7exempt from jurisdiction B of the Personnel Code and (ii) was
8neither included in a bargaining unit nor subject to an active
9petition for certification in a bargaining unit; any term
10appointed employee of a State agency pursuant to Section 8b.18
11or 8b.19 of the Personnel Code who was neither included in a
12bargaining unit nor subject to an active petition for
13certification in a bargaining unit; any employment position
14properly designated pursuant to Section 6.1 of this Act; any
15employee of the Department of Human Services who is classified
16as or who holds the position of Public Service Administrator,
17but not including persons holding the position of Public
18Service Administrator on and before the effective date of this
19amendatory Act of the 100th General Assembly; confidential
20employees; independent contractors; and supervisors except as
21provided in this Act.
22 Home care and home health workers who function as personal
23assistants and individual maintenance home health workers and
24who also work under the Home Services Program under Section 3
25of the Rehabilitation of Persons with Disabilities Act shall
26not be considered public employees for any purposes not

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1specifically provided for in Public Act 93-204 or Public Act
297-1158, including but not limited to, purposes of vicarious
3liability in tort and purposes of statutory retirement or
4health insurance benefits. Home care and home health workers
5who function as personal assistants and individual maintenance
6home health workers and who also work under the Home Services
7Program under Section 3 of the Rehabilitation of Persons with
8Disabilities Act shall not be covered by the State Employees
9Group Insurance Act of 1971 (5 ILCS 375/).
10 Child and day care home providers shall not be considered
11public employees for any purposes not specifically provided for
12in this amendatory Act of the 94th General Assembly, including
13but not limited to, purposes of vicarious liability in tort and
14purposes of statutory retirement or health insurance benefits.
15Child and day care home providers shall not be covered by the
16State Employees Group Insurance Act of 1971.
17 Notwithstanding Section 9, subsection (c), or any other
18provisions of this Act, all peace officers above the rank of
19captain in municipalities with more than 1,000,000 inhabitants
20shall be excluded from this Act.
21 (o) Except as otherwise in subsection (o-5), "public
22employer" or "employer" means the State of Illinois; any
23political subdivision of the State, unit of local government or
24school district; authorities including departments, divisions,
25bureaus, boards, commissions, or other agencies of the
26foregoing entities; and any person acting within the scope of

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

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1Act 93-204 or Public Act 97-1158, including but not limited to,
2purposes of vicarious liability in tort and purposes of
3statutory retirement or health insurance benefits. Home care
4and home health workers who function as personal assistants and
5individual maintenance home health workers and who also work
6under the Home Services Program under Section 3 of the
7Rehabilitation of Persons with Disabilities Act shall not be
8covered by the State Employees Group Insurance Act of 1971 (5
9ILCS 375/). As of the effective date of this amendatory Act of
10the 94th General Assembly but not before, the State of Illinois
11shall be considered the employer of the day and child care home
12providers participating in the child care assistance program
13under Section 9A-11 of the Illinois Public Aid Code, subject to
14the limitations set forth in this Act and in Section 9A-11 of
15the Illinois Public Aid Code. The State shall not be considered
16to be the employer of child and day care home providers for any
17purposes not specifically provided for in this amendatory Act
18of the 94th General Assembly, including but not limited to,
19purposes of vicarious liability in tort and purposes of
20statutory retirement or health insurance benefits. Child and
21day care home providers shall not be covered by the State
22Employees Group Insurance Act of 1971.
23 "Public employer" or "employer" as used in this Act,
24however, does not mean and shall not include the General
25Assembly of the State of Illinois, the Executive Ethics
26Commission, the Offices of the Executive Inspectors General,

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

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

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

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

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1 on that date, an employee who qualifies as a supervisor
2 under (A) Section 152 of the National Labor Relations Act
3 and (B) orders of the National Labor Relations Board
4 interpreting that provision or decisions of courts
5 reviewing decisions of the National Labor Relations Board.
6 (s)(1) "Unit" means a class of jobs or positions that are
7held by employees whose collective interests may suitably be
8represented by a labor organization for collective bargaining.
9Except with respect to non-State fire fighters and paramedics
10employed by fire departments and fire protection districts,
11non-State peace officers, and peace officers in the Department
12of State Police, a bargaining unit determined by the Board
13shall not include both employees and supervisors, or
14supervisors only, except as provided in paragraph (2) of this
15subsection (s) and except for bargaining units in existence on
16July 1, 1984 (the effective date of this Act). With respect to
17non-State fire fighters and paramedics employed by fire
18departments and fire protection districts, non-State peace
19officers, and peace officers in the Department of State Police,
20a bargaining unit determined by the Board shall not include
21both supervisors and nonsupervisors, or supervisors only,
22except as provided in paragraph (2) of this subsection (s) and
23except for bargaining units in existence on January 1, 1986
24(the effective date of this amendatory Act of 1985). A
25bargaining unit determined by the Board to contain peace
26officers shall contain no employees other than peace officers

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

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1unit" means a petition for certification filed with the Board
2under one of the following case numbers: S-RC-11-110;
3S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
4S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
5S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
6S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
7S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
8S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
9S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
10S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
11S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
12S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
13S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
14S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
15S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
16S-RC-07-100.
17(Source: P.A. 98-100, eff. 7-19-13; 98-1004, eff. 8-18-14;
1899-143, eff. 7-27-15.)
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