103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 Amends the Illinois Public Labor Relations Act. Changes the definition of "supervisor". Provides that, in police units, if employees consist of sworn officers serving as shift commander or below, each shift commander, regardless of sworn rank, is a "supervisor" if he or she is responsible for several police officers, one or more units or teams, or an entire shift. Provides that, if there is no sworn rank between that of chief or sheriff and the highest ranked sworn shift commander, the employer may designate a single exempt shift commander position on each shift as a "supervisor". Specifies that each sworn or exempt rank above that of a designated exempt shift commander is a "supervisor". LRB103 29350 DTM 55737 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603 Amends the Illinois Public Labor Relations Act. Changes the definition of "supervisor". Provides that, in police units, if employees consist of sworn officers serving as shift commander or below, each shift commander, regardless of sworn rank, is a "supervisor" if he or she is responsible for several police officers, one or more units or teams, or an entire shift. Provides that, if there is no sworn rank between that of chief or sheriff and the highest ranked sworn shift commander, the employer may designate a single exempt shift commander position on each shift as a "supervisor". Specifies that each sworn or exempt rank above that of a designated exempt shift commander is a "supervisor". LRB103 29350 DTM 55737 b LRB103 29350 DTM 55737 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/3 from Ch. 48, par. 1603
Amends the Illinois Public Labor Relations Act. Changes the definition of "supervisor". Provides that, in police units, if employees consist of sworn officers serving as shift commander or below, each shift commander, regardless of sworn rank, is a "supervisor" if he or she is responsible for several police officers, one or more units or teams, or an entire shift. Provides that, if there is no sworn rank between that of chief or sheriff and the highest ranked sworn shift commander, the employer may designate a single exempt shift commander position on each shift as a "supervisor". Specifies that each sworn or exempt rank above that of a designated exempt shift commander is a "supervisor".
LRB103 29350 DTM 55737 b LRB103 29350 DTM 55737 b
LRB103 29350 DTM 55737 b
A BILL FOR
HB3114LRB103 29350 DTM 55737 b HB3114 LRB103 29350 DTM 55737 b
HB3114 LRB103 29350 DTM 55737 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Labor Relations Act is
5 amended 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
8 context otherwise requires:
9 (a) "Board" means the Illinois Labor Relations Board or,
10 with respect to a matter over which the jurisdiction of the
11 Board is assigned to the State Panel or the Local Panel under
12 Section 5, the panel having jurisdiction over the matter.
13 (b) "Collective bargaining" means bargaining over terms
14 and conditions of employment, including hours, wages, and
15 other conditions of employment, as detailed in Section 7 and
16 which are not excluded by Section 4.
17 (c) "Confidential employee" means an employee who, in the
18 regular course of his or her duties, assists and acts in a
19 confidential capacity to persons who formulate, determine, and
20 effectuate management policies with regard to labor relations
21 or who, in the regular course of his or her duties, has
22 authorized access to information relating to the effectuation
23 or review of the employer's collective bargaining policies.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/3 from Ch. 48, par. 1603
Amends the Illinois Public Labor Relations Act. Changes the definition of "supervisor". Provides that, in police units, if employees consist of sworn officers serving as shift commander or below, each shift commander, regardless of sworn rank, is a "supervisor" if he or she is responsible for several police officers, one or more units or teams, or an entire shift. Provides that, if there is no sworn rank between that of chief or sheriff and the highest ranked sworn shift commander, the employer may designate a single exempt shift commander position on each shift as a "supervisor". Specifies that each sworn or exempt rank above that of a designated exempt shift commander is a "supervisor".
LRB103 29350 DTM 55737 b LRB103 29350 DTM 55737 b
LRB103 29350 DTM 55737 b
A BILL FOR
5 ILCS 315/3 from Ch. 48, par. 1603
LRB103 29350 DTM 55737 b
HB3114 LRB103 29350 DTM 55737 b
HB3114- 2 -LRB103 29350 DTM 55737 b HB3114 - 2 - LRB103 29350 DTM 55737 b
HB3114 - 2 - LRB103 29350 DTM 55737 b
1 Determinations of confidential employee status shall be based
2 on actual employee job duties and not solely on written job
3 descriptions.
4 (d) "Craft employees" means skilled journeymen, crafts
5 persons, and their apprentices and helpers.
6 (e) "Essential services employees" means those public
7 employees performing functions so essential that the
8 interruption or termination of the function will constitute a
9 clear and present danger to the health and safety of the
10 persons in the affected community.
11 (f) "Exclusive representative", except with respect to
12 non-State fire fighters and paramedics employed by fire
13 departments and fire protection districts, non-State peace
14 officers, and peace officers in the Illinois State Police,
15 means the labor organization that has been (i) designated by
16 the Board as the representative of a majority of public
17 employees in an appropriate bargaining unit in accordance with
18 the procedures contained in this Act; (ii) historically
19 recognized by the State of Illinois or any political
20 subdivision of the State before July 1, 1984 (the effective
21 date of this Act) as the exclusive representative of the
22 employees in an appropriate bargaining unit; (iii) after July
23 1, 1984 (the effective date of this Act) recognized by an
24 employer upon evidence, acceptable to the Board, that the
25 labor organization has been designated as the exclusive
26 representative by a majority of the employees in an
HB3114 - 2 - LRB103 29350 DTM 55737 b
HB3114- 3 -LRB103 29350 DTM 55737 b HB3114 - 3 - LRB103 29350 DTM 55737 b
HB3114 - 3 - LRB103 29350 DTM 55737 b
1 appropriate bargaining unit; (iv) recognized as the exclusive
2 representative of personal assistants under Executive Order
3 2003-8 prior to July 16, 2003 (the effective date of Public Act
4 93-204), and the organization shall be considered to be the
5 exclusive representative of the personal assistants as defined
6 in this Section; or (v) recognized as the exclusive
7 representative of child and day care home providers, including
8 licensed and license exempt providers, pursuant to an election
9 held under Executive Order 2005-1 prior to January 1, 2006
10 (the effective date of Public Act 94-320), and the
11 organization shall be considered to be the exclusive
12 representative of the child and day care home providers as
13 defined in this Section.
14 With respect to non-State fire fighters and paramedics
15 employed by fire departments and fire protection districts,
16 non-State peace officers, and peace officers in the Illinois
17 State Police, "exclusive representative" means the labor
18 organization that has been (i) designated by the Board as the
19 representative of a majority of peace officers or fire
20 fighters in an appropriate bargaining unit in accordance with
21 the procedures contained in this Act, (ii) historically
22 recognized by the State of Illinois or any political
23 subdivision of the State before January 1, 1986 (the effective
24 date of this amendatory Act of 1985) as the exclusive
25 representative by a majority of the peace officers or fire
26 fighters in an appropriate bargaining unit, or (iii) after
HB3114 - 3 - LRB103 29350 DTM 55737 b
HB3114- 4 -LRB103 29350 DTM 55737 b HB3114 - 4 - LRB103 29350 DTM 55737 b
HB3114 - 4 - LRB103 29350 DTM 55737 b
1 January 1, 1986 (the effective date of this amendatory Act of
2 1985) recognized by an employer upon evidence, acceptable to
3 the Board, that the labor organization has been designated as
4 the exclusive representative by a majority of the peace
5 officers or fire fighters in an appropriate bargaining unit.
6 Where a historical pattern of representation exists for
7 the workers of a water system that was owned by a public
8 utility, as defined in Section 3-105 of the Public Utilities
9 Act, prior to becoming certified employees of a municipality
10 or municipalities once the municipality or municipalities have
11 acquired the water system as authorized in Section 11-124-5 of
12 the Illinois Municipal Code, the Board shall find the labor
13 organization that has historically represented the workers to
14 be the exclusive representative under this Act, and shall find
15 the unit represented by the exclusive representative to be the
16 appropriate unit.
17 (g) "Fair share agreement" means an agreement between the
18 employer and an employee organization under which all or any
19 of the employees in a collective bargaining unit are required
20 to pay their proportionate share of the costs of the
21 collective bargaining process, contract administration, and
22 pursuing matters affecting wages, hours, and other conditions
23 of employment, but not to exceed the amount of dues uniformly
24 required of members. The amount certified by the exclusive
25 representative shall not include any fees for contributions
26 related to the election or support of any candidate for
HB3114 - 4 - LRB103 29350 DTM 55737 b
HB3114- 5 -LRB103 29350 DTM 55737 b HB3114 - 5 - LRB103 29350 DTM 55737 b
HB3114 - 5 - LRB103 29350 DTM 55737 b
1 political office. Nothing in this subsection (g) shall
2 preclude an employee from making voluntary political
3 contributions in conjunction with his or her fair share
4 payment.
5 (g-1) "Fire fighter" means, for the purposes of this Act
6 only, any person who has been or is hereafter appointed to a
7 fire department or fire protection district or employed by a
8 state university and sworn or commissioned to perform fire
9 fighter duties or paramedic duties, including paramedics
10 employed by a unit of local government, except that the
11 following persons are not included: part-time fire fighters,
12 auxiliary, reserve or voluntary fire fighters, including paid
13 on-call fire fighters, clerks and dispatchers or other
14 civilian employees of a fire department or fire protection
15 district who are not routinely expected to perform fire
16 fighter duties, or elected officials.
17 (g-2) "General Assembly of the State of Illinois" means
18 the legislative branch of the government of the State of
19 Illinois, as provided for under Article IV of the Constitution
20 of the State of Illinois, and includes, but is not limited to,
21 the House of Representatives, the Senate, the Speaker of the
22 House of Representatives, the Minority Leader of the House of
23 Representatives, the President of the Senate, the Minority
24 Leader of the Senate, the Joint Committee on Legislative
25 Support Services, and any legislative support services agency
26 listed in the Legislative Commission Reorganization Act of
HB3114 - 5 - LRB103 29350 DTM 55737 b
HB3114- 6 -LRB103 29350 DTM 55737 b HB3114 - 6 - LRB103 29350 DTM 55737 b
HB3114 - 6 - LRB103 29350 DTM 55737 b
1 1984.
2 (h) "Governing body" means, in the case of the State, the
3 State Panel of the Illinois Labor Relations Board, the
4 Director of the Department of Central Management Services, and
5 the Director of the Department of Labor; the county board in
6 the case of a county; the corporate authorities in the case of
7 a municipality; and the appropriate body authorized to provide
8 for expenditures of its funds in the case of any other unit of
9 government.
10 (i) "Labor organization" means any organization in which
11 public employees participate and that exists for the purpose,
12 in whole or in part, of dealing with a public employer
13 concerning wages, hours, and other terms and conditions of
14 employment, including the settlement of grievances.
15 (i-5) "Legislative liaison" means a person who is an
16 employee of a State agency, the Attorney General, the
17 Secretary of State, the Comptroller, or the Treasurer, as the
18 case may be, and whose job duties require the person to
19 regularly communicate in the course of his or her employment
20 with any official or staff of the General Assembly of the State
21 of Illinois for the purpose of influencing any legislative
22 action.
23 (j) "Managerial employee" means an individual who is
24 engaged predominantly in executive and management functions
25 and is charged with the responsibility of directing the
26 effectuation of management policies and practices.
HB3114 - 6 - LRB103 29350 DTM 55737 b
HB3114- 7 -LRB103 29350 DTM 55737 b HB3114 - 7 - LRB103 29350 DTM 55737 b
HB3114 - 7 - LRB103 29350 DTM 55737 b
1 Determination of managerial employee status shall be based on
2 actual employee job duties and not solely on written job
3 descriptions. With respect only to State employees in
4 positions under the jurisdiction of the Attorney General,
5 Secretary of State, Comptroller, or Treasurer (i) that were
6 certified in a bargaining unit on or after December 2, 2008,
7 (ii) for which a petition is filed with the Illinois Public
8 Labor Relations Board on or after April 5, 2013 (the effective
9 date of Public Act 97-1172), or (iii) for which a petition is
10 pending before the Illinois Public Labor Relations Board on
11 that date, "managerial employee" means an individual who is
12 engaged in executive and management functions or who is
13 charged with the effectuation of management policies and
14 practices or who represents management interests by taking or
15 recommending discretionary actions that effectively control or
16 implement policy. Nothing in this definition prohibits an
17 individual from also meeting the definition of "supervisor"
18 under subsection (r) of this Section.
19 (k) "Peace officer" means, for the purposes of this Act
20 only, any persons who have been or are hereafter appointed to a
21 police force, department, or agency and sworn or commissioned
22 to perform police duties, except that the following persons
23 are not included: part-time police officers, special police
24 officers, auxiliary police as defined by Section 3.1-30-20 of
25 the Illinois Municipal Code, night watchmen, "merchant
26 police", court security officers as defined by Section
HB3114 - 7 - LRB103 29350 DTM 55737 b
HB3114- 8 -LRB103 29350 DTM 55737 b HB3114 - 8 - LRB103 29350 DTM 55737 b
HB3114 - 8 - LRB103 29350 DTM 55737 b
1 3-6012.1 of the Counties Code, temporary employees, traffic
2 guards or wardens, civilian parking meter and parking
3 facilities personnel or other individuals specially appointed
4 to aid or direct traffic at or near schools or public functions
5 or to aid in civil defense or disaster, parking enforcement
6 employees who are not commissioned as peace officers and who
7 are not armed and who are not routinely expected to effect
8 arrests, parking lot attendants, clerks and dispatchers or
9 other civilian employees of a police department who are not
10 routinely expected to effect arrests, or elected officials.
11 (l) "Person" includes one or more individuals, labor
12 organizations, public employees, associations, corporations,
13 legal representatives, trustees, trustees in bankruptcy,
14 receivers, or the State of Illinois or any political
15 subdivision of the State or governing body, but does not
16 include the General Assembly of the State of Illinois or any
17 individual employed by the General Assembly of the State of
18 Illinois.
19 (m) "Professional employee" means any employee engaged in
20 work predominantly intellectual and varied in character rather
21 than routine mental, manual, mechanical or physical work;
22 involving the consistent exercise of discretion and adjustment
23 in its performance; of such a character that the output
24 produced or the result accomplished cannot be standardized in
25 relation to a given period of time; and requiring advanced
26 knowledge in a field of science or learning customarily
HB3114 - 8 - LRB103 29350 DTM 55737 b
HB3114- 9 -LRB103 29350 DTM 55737 b HB3114 - 9 - LRB103 29350 DTM 55737 b
HB3114 - 9 - LRB103 29350 DTM 55737 b
1 acquired by a prolonged course of specialized intellectual
2 instruction and study in an institution of higher learning or
3 a hospital, as distinguished from a general academic education
4 or from apprenticeship or from training in the performance of
5 routine mental, manual, or physical processes; or any employee
6 who has completed the courses of specialized intellectual
7 instruction and study prescribed in this subsection (m) and is
8 performing related work under the supervision of a
9 professional person to qualify to become a professional
10 employee as defined in this subsection (m).
11 (n) "Public employee" or "employee", for the purposes of
12 this Act, means any individual employed by a public employer,
13 including (i) interns and residents at public hospitals, (ii)
14 as of July 16, 2003 (the effective date of Public Act 93-204),
15 but not before, personal assistants working under the Home
16 Services Program under Section 3 of the Rehabilitation of
17 Persons with Disabilities Act, subject to the limitations set
18 forth in this Act and in the Rehabilitation of Persons with
19 Disabilities Act, (iii) as of January 1, 2006 (the effective
20 date of Public Act 94-320), but not before, child and day care
21 home providers participating in the child care assistance
22 program under Section 9A-11 of the Illinois Public Aid Code,
23 subject to the limitations set forth in this Act and in Section
24 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
25 2013 (the effective date of Public Act 97-1158), but not
26 before except as otherwise provided in this subsection (n),
HB3114 - 9 - LRB103 29350 DTM 55737 b
HB3114- 10 -LRB103 29350 DTM 55737 b HB3114 - 10 - LRB103 29350 DTM 55737 b
HB3114 - 10 - LRB103 29350 DTM 55737 b
1 home care and home health workers who function as personal
2 assistants and individual maintenance home health workers and
3 who also work under the Home Services Program under Section 3
4 of the Rehabilitation of Persons with Disabilities Act, no
5 matter whether the State provides those services through
6 direct fee-for-service arrangements, with the assistance of a
7 managed care organization or other intermediary, or otherwise,
8 (v) beginning on July 19, 2013 (the effective date of Public
9 Act 98-100) and notwithstanding any other provision of this
10 Act, any person employed by a public employer and who is
11 classified as or who holds the employment title of Chief
12 Stationary Engineer, Assistant Chief Stationary Engineer,
13 Sewage Plant Operator, Water Plant Operator, Stationary
14 Engineer, Plant Operating Engineer, and any other employee who
15 holds the position of: Civil Engineer V, Civil Engineer VI,
16 Civil Engineer VII, Technical Manager I, Technical Manager II,
17 Technical Manager III, Technical Manager IV, Technical Manager
18 V, Technical Manager VI, Realty Specialist III, Realty
19 Specialist IV, Realty Specialist V, Technical Advisor I,
20 Technical Advisor II, Technical Advisor III, Technical Advisor
21 IV, or Technical Advisor V employed by the Department of
22 Transportation who is in a position which is certified in a
23 bargaining unit on or before July 19, 2013 (the effective date
24 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
25 effective date of Public Act 98-100) and notwithstanding any
26 other provision of this Act, any mental health administrator
HB3114 - 10 - LRB103 29350 DTM 55737 b
HB3114- 11 -LRB103 29350 DTM 55737 b HB3114 - 11 - LRB103 29350 DTM 55737 b
HB3114 - 11 - LRB103 29350 DTM 55737 b
1 in the Department of Corrections who is classified as or who
2 holds the position of Public Service Administrator (Option
3 8K), any employee of the Office of the Inspector General in the
4 Department of Human Services who is classified as or who holds
5 the position of Public Service Administrator (Option 7), any
6 Deputy of Intelligence in the Department of Corrections who is
7 classified as or who holds the position of Public Service
8 Administrator (Option 7), and any employee of the Illinois
9 State Police who handles issues concerning the Illinois State
10 Police Sex Offender Registry and who is classified as or holds
11 the position of Public Service Administrator (Option 7), but
12 excluding all of the following: employees of the General
13 Assembly of the State of Illinois; elected officials;
14 executive heads of a department; members of boards or
15 commissions; the Executive Inspectors General; any special
16 Executive Inspectors General; employees of each Office of an
17 Executive Inspector General; commissioners and employees of
18 the Executive Ethics Commission; the Auditor General's
19 Inspector General; employees of the Office of the Auditor
20 General's Inspector General; the Legislative Inspector
21 General; any special Legislative Inspectors General; employees
22 of the Office of the Legislative Inspector General;
23 commissioners and employees of the Legislative Ethics
24 Commission; employees of any agency, board or commission
25 created by this Act; employees appointed to State positions of
26 a temporary or emergency nature; all employees of school
HB3114 - 11 - LRB103 29350 DTM 55737 b
HB3114- 12 -LRB103 29350 DTM 55737 b HB3114 - 12 - LRB103 29350 DTM 55737 b
HB3114 - 12 - LRB103 29350 DTM 55737 b
1 districts and higher education institutions except
2 firefighters and peace officers employed by a state university
3 and except peace officers employed by a school district in its
4 own police department in existence on July 23, 2010 (the
5 effective date of Public Act 96-1257); managerial employees;
6 short-term employees; legislative liaisons; a person who is a
7 State employee under the jurisdiction of the Office of the
8 Attorney General who is licensed to practice law or whose
9 position authorizes, either directly or indirectly, meaningful
10 input into government decision-making on issues where there is
11 room for principled disagreement on goals or their
12 implementation; a person who is a State employee under the
13 jurisdiction of the Office of the Comptroller who holds the
14 position of Public Service Administrator or whose position is
15 otherwise exempt under the Comptroller Merit Employment Code;
16 a person who is a State employee under the jurisdiction of the
17 Secretary of State who holds the position classification of
18 Executive I or higher, whose position authorizes, either
19 directly or indirectly, meaningful input into government
20 decision-making on issues where there is room for principled
21 disagreement on goals or their implementation, or who is
22 otherwise exempt under the Secretary of State Merit Employment
23 Code; employees in the Office of the Secretary of State who are
24 completely exempt from jurisdiction B of the Secretary of
25 State Merit Employment Code and who are in Rutan-exempt
26 positions on or after April 5, 2013 (the effective date of
HB3114 - 12 - LRB103 29350 DTM 55737 b
HB3114- 13 -LRB103 29350 DTM 55737 b HB3114 - 13 - LRB103 29350 DTM 55737 b
HB3114 - 13 - LRB103 29350 DTM 55737 b
1 Public Act 97-1172); a person who is a State employee under the
2 jurisdiction of the Treasurer who holds a position that is
3 exempt from the State Treasurer Employment Code; any employee
4 of a State agency who (i) holds the title or position of, or
5 exercises substantially similar duties as a legislative
6 liaison, Agency General Counsel, Agency Chief of Staff, Agency
7 Executive Director, Agency Deputy Director, Agency Chief
8 Fiscal Officer, Agency Human Resources Director, Public
9 Information Officer, or Chief Information Officer and (ii) was
10 neither included in a bargaining unit nor subject to an active
11 petition for certification in a bargaining unit; any employee
12 of a State agency who (i) is in a position that is
13 Rutan-exempt, as designated by the employer, and completely
14 exempt from jurisdiction B of the Personnel Code and (ii) was
15 neither included in a bargaining unit nor subject to an active
16 petition for certification in a bargaining unit; any term
17 appointed employee of a State agency pursuant to Section 8b.18
18 or 8b.19 of the Personnel Code who was neither included in a
19 bargaining unit nor subject to an active petition for
20 certification in a bargaining unit; any employment position
21 properly designated pursuant to Section 6.1 of this Act;
22 confidential employees; independent contractors; and
23 supervisors except as provided in this Act.
24 Home care and home health workers who function as personal
25 assistants and individual maintenance home health workers and
26 who also work under the Home Services Program under Section 3
HB3114 - 13 - LRB103 29350 DTM 55737 b
HB3114- 14 -LRB103 29350 DTM 55737 b HB3114 - 14 - LRB103 29350 DTM 55737 b
HB3114 - 14 - LRB103 29350 DTM 55737 b
1 of the Rehabilitation of Persons with Disabilities Act shall
2 not be considered public employees for any purposes not
3 specifically provided for in Public Act 93-204 or Public Act
4 97-1158, including, but not limited to, purposes of vicarious
5 liability in tort and purposes of statutory retirement or
6 health insurance benefits. Home care and home health workers
7 who function as personal assistants and individual maintenance
8 home health workers and who also work under the Home Services
9 Program under Section 3 of the Rehabilitation of Persons with
10 Disabilities Act shall not be covered by the State Employees
11 Group Insurance Act of 1971.
12 Child and day care home providers shall not be considered
13 public employees for any purposes not specifically provided
14 for in Public Act 94-320, including, but not limited to,
15 purposes of vicarious liability in tort and purposes of
16 statutory retirement or health insurance benefits. Child and
17 day care home providers shall not be covered by the State
18 Employees Group Insurance Act of 1971.
19 Notwithstanding Section 9, subsection (c), or any other
20 provisions of this Act, all peace officers above the rank of
21 captain in municipalities with more than 1,000,000 inhabitants
22 shall be excluded from this Act.
23 (o) Except as otherwise in subsection (o-5), "public
24 employer" or "employer" means the State of Illinois; any
25 political subdivision of the State, unit of local government
26 or school district; authorities including departments,
HB3114 - 14 - LRB103 29350 DTM 55737 b
HB3114- 15 -LRB103 29350 DTM 55737 b HB3114 - 15 - LRB103 29350 DTM 55737 b
HB3114 - 15 - LRB103 29350 DTM 55737 b
1 divisions, bureaus, boards, commissions, or other agencies of
2 the foregoing entities; and any person acting within the scope
3 of his or her authority, express or implied, on behalf of those
4 entities in dealing with its employees. As of July 16, 2003
5 (the effective date of Public Act 93-204), but not before, the
6 State of Illinois shall be considered the employer of the
7 personal assistants working under the Home Services Program
8 under Section 3 of the Rehabilitation of Persons with
9 Disabilities Act, subject to the limitations set forth in this
10 Act and in the Rehabilitation of Persons with Disabilities
11 Act. As of January 29, 2013 (the effective date of Public Act
12 97-1158), but not before except as otherwise provided in this
13 subsection (o), the State shall be considered the employer of
14 home care and home health workers who function as personal
15 assistants and individual maintenance home health workers and
16 who also work under the Home Services Program under Section 3
17 of the Rehabilitation of Persons with Disabilities Act, no
18 matter whether the State provides those services through
19 direct fee-for-service arrangements, with the assistance of a
20 managed care organization or other intermediary, or otherwise,
21 but subject to the limitations set forth in this Act and the
22 Rehabilitation of Persons with Disabilities Act. The State
23 shall not be considered to be the employer of home care and
24 home health workers who function as personal assistants and
25 individual maintenance home health workers and who also work
26 under the Home Services Program under Section 3 of the
HB3114 - 15 - LRB103 29350 DTM 55737 b
HB3114- 16 -LRB103 29350 DTM 55737 b HB3114 - 16 - LRB103 29350 DTM 55737 b
HB3114 - 16 - LRB103 29350 DTM 55737 b
1 Rehabilitation of Persons with Disabilities Act, for any
2 purposes not specifically provided for in Public Act 93-204 or
3 Public Act 97-1158, including but not limited to, purposes of
4 vicarious liability in tort and purposes of statutory
5 retirement or health insurance benefits. Home care and home
6 health workers who function as personal assistants and
7 individual maintenance home health workers and who also work
8 under the Home Services Program under Section 3 of the
9 Rehabilitation of Persons with Disabilities Act shall not be
10 covered by the State Employees Group Insurance Act of 1971. As
11 of January 1, 2006 (the effective date of Public Act 94-320),
12 but not before, the State of Illinois shall be considered the
13 employer of the day and child care home providers
14 participating in the child care assistance program under
15 Section 9A-11 of the Illinois Public Aid Code, subject to the
16 limitations set forth in this Act and in Section 9A-11 of the
17 Illinois Public Aid Code. The State shall not be considered to
18 be the employer of child and day care home providers for any
19 purposes not specifically provided for in Public Act 94-320,
20 including, but not limited to, purposes of vicarious liability
21 in tort and purposes of statutory retirement or health
22 insurance benefits. Child and day care home providers shall
23 not be covered by the State Employees Group Insurance Act of
24 1971.
25 "Public employer" or "employer" as used in this Act,
26 however, does not mean and shall not include the General
HB3114 - 16 - LRB103 29350 DTM 55737 b
HB3114- 17 -LRB103 29350 DTM 55737 b HB3114 - 17 - LRB103 29350 DTM 55737 b
HB3114 - 17 - LRB103 29350 DTM 55737 b
1 Assembly of the State of Illinois, the Executive Ethics
2 Commission, the Offices of the Executive Inspectors General,
3 the Legislative Ethics Commission, the Office of the
4 Legislative Inspector General, the Office of the Auditor
5 General's Inspector General, the Office of the Governor, the
6 Governor's Office of Management and Budget, the Illinois
7 Finance Authority, the Office of the Lieutenant Governor, the
8 State Board of Elections, and educational employers or
9 employers as defined in the Illinois Educational Labor
10 Relations Act, except with respect to a state university in
11 its employment of firefighters and peace officers and except
12 with respect to a school district in the employment of peace
13 officers in its own police department in existence on July 23,
14 2010 (the effective date of Public Act 96-1257). County boards
15 and county sheriffs shall be designated as joint or
16 co-employers of county peace officers appointed under the
17 authority of a county sheriff. Nothing in this subsection (o)
18 shall be construed to prevent the State Panel or the Local
19 Panel from determining that employers are joint or
20 co-employers.
21 (o-5) With respect to wages, fringe benefits, hours,
22 holidays, vacations, proficiency examinations, sick leave, and
23 other conditions of employment, the public employer of public
24 employees who are court reporters, as defined in the Court
25 Reporters Act, shall be determined as follows:
26 (1) For court reporters employed by the Cook County
HB3114 - 17 - LRB103 29350 DTM 55737 b
HB3114- 18 -LRB103 29350 DTM 55737 b HB3114 - 18 - LRB103 29350 DTM 55737 b
HB3114 - 18 - LRB103 29350 DTM 55737 b
1 Judicial Circuit, the chief judge of the Cook County
2 Circuit Court is the public employer and employer
3 representative.
4 (2) For court reporters employed by the 12th, 18th,
5 19th, and, on and after December 4, 2006, the 22nd
6 judicial circuits, a group consisting of the chief judges
7 of those circuits, acting jointly by majority vote, is the
8 public employer and employer representative.
9 (3) For court reporters employed by all other judicial
10 circuits, a group consisting of the chief judges of those
11 circuits, acting jointly by majority vote, is the public
12 employer and employer representative.
13 (p) "Security employee" means an employee who is
14 responsible for the supervision and control of inmates at
15 correctional facilities. The term also includes other
16 non-security employees in bargaining units having the majority
17 of employees being responsible for the supervision and control
18 of inmates at correctional facilities.
19 (q) "Short-term employee" means an employee who is
20 employed for less than 2 consecutive calendar quarters during
21 a calendar year and who does not have a reasonable assurance
22 that he or she will be rehired by the same employer for the
23 same service in a subsequent calendar year.
24 (q-5) "State agency" means an agency directly responsible
25 to the Governor, as defined in Section 3.1 of the Executive
26 Reorganization Implementation Act, and the Illinois Commerce
HB3114 - 18 - LRB103 29350 DTM 55737 b
HB3114- 19 -LRB103 29350 DTM 55737 b HB3114 - 19 - LRB103 29350 DTM 55737 b
HB3114 - 19 - LRB103 29350 DTM 55737 b
1 Commission, the Illinois Workers' Compensation Commission, the
2 Civil Service Commission, the Pollution Control Board, the
3 Illinois Racing Board, and the Illinois State Police Merit
4 Board.
5 (r) "Supervisor" is:
6 (1) An employee whose principal work is substantially
7 different from that of his or her subordinates and who has
8 authority, in the interest of the employer, to hire,
9 transfer, suspend, lay off, recall, promote, discharge,
10 direct, reward, or discipline employees, to independently
11 adjust their grievances, or to effectively recommend any
12 of those actions, if the exercise of that authority is not
13 of a merely routine or clerical nature, but requires the
14 consistent use of independent judgment. Except with
15 respect to police employment, the term "supervisor"
16 includes only those individuals who devote a majority
17 preponderance of their employment time to exercising that
18 authority, State supervisors notwithstanding.
19 Determinations of supervisor status shall be based on
20 actual employee job duties and not solely on written job
21 descriptions. Further, in police units, if employees
22 consist of sworn officers serving as shift commander and
23 below, each shift commander, regardless of sworn rank, is
24 a "supervisor" if he or she is responsible for several
25 police officers, one or more units or teams, or an entire
26 shift. If there is no sworn rank between that of chief or
HB3114 - 19 - LRB103 29350 DTM 55737 b
HB3114- 20 -LRB103 29350 DTM 55737 b HB3114 - 20 - LRB103 29350 DTM 55737 b
HB3114 - 20 - LRB103 29350 DTM 55737 b
1 sheriff and the highest ranked sworn shift commander, the
2 employer may designate a single exempt shift commander
3 position on each shift who is a "supervisor". Each sworn
4 or exempt rank above that of a designated exempt shift
5 commander is a "supervisor". Nothing in this definition
6 prohibits an individual from also meeting the definition
7 of "managerial employee" under subsection (j) of this
8 Section. In addition, in determining supervisory status in
9 police employment, rank shall not be determinative. The
10 Board shall consider, as evidence of bargaining unit
11 inclusion or exclusion, the common law enforcement
12 policies and relationships between police officer ranks
13 and certification under applicable civil service law,
14 ordinances, personnel codes, or Division 2.1 of Article 10
15 of the Illinois Municipal Code, but these factors shall
16 not be the sole or predominant factors considered by the
17 Board in determining police supervisory status.
18 Notwithstanding the provisions of the preceding
19 paragraph, in determining supervisory status in fire
20 fighter employment, no fire fighter shall be excluded as a
21 supervisor who has established representation rights under
22 Section 9 of this Act. Further, in fire fighter units,
23 employees shall consist of fire fighters of the highest
24 rank of company officer and below. A company officer may
25 be responsible for multiple companies or apparatus on a
26 shift, multiple stations, or an entire shift. There may be
HB3114 - 20 - LRB103 29350 DTM 55737 b
HB3114- 21 -LRB103 29350 DTM 55737 b HB3114 - 21 - LRB103 29350 DTM 55737 b
HB3114 - 21 - LRB103 29350 DTM 55737 b
1 more than one company officer per shift. If a company
2 officer otherwise qualifies as a supervisor under the
3 preceding paragraph, however, he or she shall not be
4 included in the fire fighter unit. If there is no rank
5 between that of chief and the highest company officer, the
6 employer may designate a position on each shift as a Shift
7 Commander, and the persons occupying those positions shall
8 be supervisors. All other ranks above that of the highest
9 company officer shall be supervisors.
10 (2) With respect only to State employees in positions
11 under the jurisdiction of the Attorney General, Secretary
12 of State, Comptroller, or Treasurer (i) that were
13 certified in a bargaining unit on or after December 2,
14 2008, (ii) for which a petition is filed with the Illinois
15 Public Labor Relations Board on or after April 5, 2013
16 (the effective date of Public Act 97-1172), or (iii) for
17 which a petition is pending before the Illinois Public
18 Labor Relations Board on that date, an employee who
19 qualifies as a supervisor under (A) Section 152 of the
20 National Labor Relations Act and (B) orders of the
21 National Labor Relations Board interpreting that provision
22 or decisions of courts reviewing decisions of the National
23 Labor Relations Board.
24 (s)(1) "Unit" means a class of jobs or positions that are
25 held by employees whose collective interests may suitably be
26 represented by a labor organization for collective bargaining.
HB3114 - 21 - LRB103 29350 DTM 55737 b
HB3114- 22 -LRB103 29350 DTM 55737 b HB3114 - 22 - LRB103 29350 DTM 55737 b
HB3114 - 22 - LRB103 29350 DTM 55737 b
1 Except with respect to non-State fire fighters and paramedics
2 employed by fire departments and fire protection districts,
3 non-State peace officers, and peace officers in the Illinois
4 State Police, a bargaining unit determined by the Board shall
5 not include both employees and supervisors, or supervisors
6 only, except as provided in paragraph (2) of this subsection
7 (s) and except for bargaining units in existence on July 1,
8 1984 (the effective date of this Act). With respect to
9 non-State fire fighters and paramedics employed by fire
10 departments and fire protection districts, non-State peace
11 officers, and peace officers in the Illinois State Police, a
12 bargaining unit determined by the Board shall not include both
13 supervisors and nonsupervisors, or supervisors only, except as
14 provided in paragraph (2) of this subsection (s) and except
15 for bargaining units in existence on January 1, 1986 (the
16 effective date of this amendatory Act of 1985). A bargaining
17 unit determined by the Board to contain peace officers shall
18 contain no employees other than peace officers unless
19 otherwise agreed to by the employer and the labor organization
20 or labor organizations involved. Notwithstanding any other
21 provision of this Act, a bargaining unit, including a
22 historical bargaining unit, containing sworn peace officers of
23 the Department of Natural Resources (formerly designated the
24 Department of Conservation) shall contain no employees other
25 than such sworn peace officers upon the effective date of this
26 amendatory Act of 1990 or upon the expiration date of any
HB3114 - 22 - LRB103 29350 DTM 55737 b
HB3114- 23 -LRB103 29350 DTM 55737 b HB3114 - 23 - LRB103 29350 DTM 55737 b
HB3114 - 23 - LRB103 29350 DTM 55737 b
1 collective bargaining agreement in effect upon the effective
2 date of this amendatory Act of 1990 covering both such sworn
3 peace officers and other employees.
4 (2) Notwithstanding the exclusion of supervisors from
5 bargaining units as provided in paragraph (1) of this
6 subsection (s), a public employer may agree to permit its
7 supervisory employees to form bargaining units and may bargain
8 with those units. This Act shall apply if the public employer
9 chooses to bargain under this subsection.
10 (3) Public employees who are court reporters, as defined
11 in the Court Reporters Act, shall be divided into 3 units for
12 collective bargaining purposes. One unit shall be court
13 reporters employed by the Cook County Judicial Circuit; one
14 unit shall be court reporters employed by the 12th, 18th,
15 19th, and, on and after December 4, 2006, the 22nd judicial
16 circuits; and one unit shall be court reporters employed by
17 all other judicial circuits.
18 (t) "Active petition for certification in a bargaining
19 unit" means a petition for certification filed with the Board
20 under one of the following case numbers: S-RC-11-110;
21 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
22 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
23 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
24 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
25 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
26 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
HB3114 - 23 - LRB103 29350 DTM 55737 b
HB3114- 24 -LRB103 29350 DTM 55737 b HB3114 - 24 - LRB103 29350 DTM 55737 b
HB3114 - 24 - LRB103 29350 DTM 55737 b
1 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
2 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
3 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
4 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
5 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
6 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
7 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
8 S-RC-07-100.
9 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
10 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
HB3114 - 24 - LRB103 29350 DTM 55737 b