Illinois 2023-2024 Regular Session

Illinois House Bill HB3114 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
4	4	5 ILCS 315/3 from Ch. 48, par. 1603
5	5	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".
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8	8	A BILL FOR
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Labor Relations Act is
15	15	5 amended by changing Section 3 as follows:
16	16	6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
17	17	7 Sec. 3. Definitions. As used in this Act, unless the
18	18	8 context otherwise requires:
19	19	9 (a) "Board" means the Illinois Labor Relations Board or,
20	20	10 with respect to a matter over which the jurisdiction of the
21	21	11 Board is assigned to the State Panel or the Local Panel under
22	22	12 Section 5, the panel having jurisdiction over the matter.
23	23	13 (b) "Collective bargaining" means bargaining over terms
24	24	14 and conditions of employment, including hours, wages, and
25	25	15 other conditions of employment, as detailed in Section 7 and
26	26	16 which are not excluded by Section 4.
27	27	17 (c) "Confidential employee" means an employee who, in the
28	28	18 regular course of his or her duties, assists and acts in a
29	29	19 confidential capacity to persons who formulate, determine, and
30	30	20 effectuate management policies with regard to labor relations
31	31	21 or who, in the regular course of his or her duties, has
32	32	22 authorized access to information relating to the effectuation
33	33	23 or review of the employer's collective bargaining policies.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3114 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/3 from Ch. 48, par. 1603
39	39	5 ILCS 315/3 from Ch. 48, par. 1603
40	40	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".
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68	68	1 Determinations of confidential employee status shall be based
69	69	2 on actual employee job duties and not solely on written job
70	70	3 descriptions.
71	71	4 (d) "Craft employees" means skilled journeymen, crafts
72	72	5 persons, and their apprentices and helpers.
73	73	6 (e) "Essential services employees" means those public
74	74	7 employees performing functions so essential that the
75	75	8 interruption or termination of the function will constitute a
76	76	9 clear and present danger to the health and safety of the
77	77	10 persons in the affected community.
78	78	11 (f) "Exclusive representative", except with respect to
79	79	12 non-State fire fighters and paramedics employed by fire
80	80	13 departments and fire protection districts, non-State peace
81	81	14 officers, and peace officers in the Illinois State Police,
82	82	15 means the labor organization that has been (i) designated by
83	83	16 the Board as the representative of a majority of public
84	84	17 employees in an appropriate bargaining unit in accordance with
85	85	18 the procedures contained in this Act; (ii) historically
86	86	19 recognized by the State of Illinois or any political
87	87	20 subdivision of the State before July 1, 1984 (the effective
88	88	21 date of this Act) as the exclusive representative of the
89	89	22 employees in an appropriate bargaining unit; (iii) after July
90	90	23 1, 1984 (the effective date of this Act) recognized by an
91	91	24 employer upon evidence, acceptable to the Board, that the
92	92	25 labor organization has been designated as the exclusive
93	93	26 representative by a majority of the employees in an
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104	104	1 appropriate bargaining unit; (iv) recognized as the exclusive
105	105	2 representative of personal assistants under Executive Order
106	106	3 2003-8 prior to July 16, 2003 (the effective date of Public Act
107	107	4 93-204), and the organization shall be considered to be the
108	108	5 exclusive representative of the personal assistants as defined
109	109	6 in this Section; or (v) recognized as the exclusive
110	110	7 representative of child and day care home providers, including
111	111	8 licensed and license exempt providers, pursuant to an election
112	112	9 held under Executive Order 2005-1 prior to January 1, 2006
113	113	10 (the effective date of Public Act 94-320), and the
114	114	11 organization shall be considered to be the exclusive
115	115	12 representative of the child and day care home providers as
116	116	13 defined in this Section.
117	117	14 With respect to non-State fire fighters and paramedics
118	118	15 employed by fire departments and fire protection districts,
119	119	16 non-State peace officers, and peace officers in the Illinois
120	120	17 State Police, "exclusive representative" means the labor
121	121	18 organization that has been (i) designated by the Board as the
122	122	19 representative of a majority of peace officers or fire
123	123	20 fighters in an appropriate bargaining unit in accordance with
124	124	21 the procedures contained in this Act, (ii) historically
125	125	22 recognized by the State of Illinois or any political
126	126	23 subdivision of the State before January 1, 1986 (the effective
127	127	24 date of this amendatory Act of 1985) as the exclusive
128	128	25 representative by a majority of the peace officers or fire
129	129	26 fighters in an appropriate bargaining unit, or (iii) after
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140	140	1 January 1, 1986 (the effective date of this amendatory Act of
141	141	2 1985) recognized by an employer upon evidence, acceptable to
142	142	3 the Board, that the labor organization has been designated as
143	143	4 the exclusive representative by a majority of the peace
144	144	5 officers or fire fighters in an appropriate bargaining unit.
145	145	6 Where a historical pattern of representation exists for
146	146	7 the workers of a water system that was owned by a public
147	147	8 utility, as defined in Section 3-105 of the Public Utilities
148	148	9 Act, prior to becoming certified employees of a municipality
149	149	10 or municipalities once the municipality or municipalities have
150	150	11 acquired the water system as authorized in Section 11-124-5 of
151	151	12 the Illinois Municipal Code, the Board shall find the labor
152	152	13 organization that has historically represented the workers to
153	153	14 be the exclusive representative under this Act, and shall find
154	154	15 the unit represented by the exclusive representative to be the
155	155	16 appropriate unit.
156	156	17 (g) "Fair share agreement" means an agreement between the
157	157	18 employer and an employee organization under which all or any
158	158	19 of the employees in a collective bargaining unit are required
159	159	20 to pay their proportionate share of the costs of the
160	160	21 collective bargaining process, contract administration, and
161	161	22 pursuing matters affecting wages, hours, and other conditions
162	162	23 of employment, but not to exceed the amount of dues uniformly
163	163	24 required of members. The amount certified by the exclusive
164	164	25 representative shall not include any fees for contributions
165	165	26 related to the election or support of any candidate for
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176	176	1 political office. Nothing in this subsection (g) shall
177	177	2 preclude an employee from making voluntary political
178	178	3 contributions in conjunction with his or her fair share
179	179	4 payment.
180	180	5 (g-1) "Fire fighter" means, for the purposes of this Act
181	181	6 only, any person who has been or is hereafter appointed to a
182	182	7 fire department or fire protection district or employed by a
183	183	8 state university and sworn or commissioned to perform fire
184	184	9 fighter duties or paramedic duties, including paramedics
185	185	10 employed by a unit of local government, except that the
186	186	11 following persons are not included: part-time fire fighters,
187	187	12 auxiliary, reserve or voluntary fire fighters, including paid
188	188	13 on-call fire fighters, clerks and dispatchers or other
189	189	14 civilian employees of a fire department or fire protection
190	190	15 district who are not routinely expected to perform fire
191	191	16 fighter duties, or elected officials.
192	192	17 (g-2) "General Assembly of the State of Illinois" means
193	193	18 the legislative branch of the government of the State of
194	194	19 Illinois, as provided for under Article IV of the Constitution
195	195	20 of the State of Illinois, and includes, but is not limited to,
196	196	21 the House of Representatives, the Senate, the Speaker of the
197	197	22 House of Representatives, the Minority Leader of the House of
198	198	23 Representatives, the President of the Senate, the Minority
199	199	24 Leader of the Senate, the Joint Committee on Legislative
200	200	25 Support Services, and any legislative support services agency
201	201	26 listed in the Legislative Commission Reorganization Act of
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212	212	1 1984.
213	213	2 (h) "Governing body" means, in the case of the State, the
214	214	3 State Panel of the Illinois Labor Relations Board, the
215	215	4 Director of the Department of Central Management Services, and
216	216	5 the Director of the Department of Labor; the county board in
217	217	6 the case of a county; the corporate authorities in the case of
218	218	7 a municipality; and the appropriate body authorized to provide
219	219	8 for expenditures of its funds in the case of any other unit of
220	220	9 government.
221	221	10 (i) "Labor organization" means any organization in which
222	222	11 public employees participate and that exists for the purpose,
223	223	12 in whole or in part, of dealing with a public employer
224	224	13 concerning wages, hours, and other terms and conditions of
225	225	14 employment, including the settlement of grievances.
226	226	15 (i-5) "Legislative liaison" means a person who is an
227	227	16 employee of a State agency, the Attorney General, the
228	228	17 Secretary of State, the Comptroller, or the Treasurer, as the
229	229	18 case may be, and whose job duties require the person to
230	230	19 regularly communicate in the course of his or her employment
231	231	20 with any official or staff of the General Assembly of the State
232	232	21 of Illinois for the purpose of influencing any legislative
233	233	22 action.
234	234	23 (j) "Managerial employee" means an individual who is
235	235	24 engaged predominantly in executive and management functions
236	236	25 and is charged with the responsibility of directing the
237	237	26 effectuation of management policies and practices.
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248	248	1 Determination of managerial employee status shall be based on
249	249	2 actual employee job duties and not solely on written job
250	250	3 descriptions. With respect only to State employees in
251	251	4 positions under the jurisdiction of the Attorney General,
252	252	5 Secretary of State, Comptroller, or Treasurer (i) that were
253	253	6 certified in a bargaining unit on or after December 2, 2008,
254	254	7 (ii) for which a petition is filed with the Illinois Public
255	255	8 Labor Relations Board on or after April 5, 2013 (the effective
256	256	9 date of Public Act 97-1172), or (iii) for which a petition is
257	257	10 pending before the Illinois Public Labor Relations Board on
258	258	11 that date, "managerial employee" means an individual who is
259	259	12 engaged in executive and management functions or who is
260	260	13 charged with the effectuation of management policies and
261	261	14 practices or who represents management interests by taking or
262	262	15 recommending discretionary actions that effectively control or
263	263	16 implement policy. Nothing in this definition prohibits an
264	264	17 individual from also meeting the definition of "supervisor"
265	265	18 under subsection (r) of this Section.
266	266	19 (k) "Peace officer" means, for the purposes of this Act
267	267	20 only, any persons who have been or are hereafter appointed to a
268	268	21 police force, department, or agency and sworn or commissioned
269	269	22 to perform police duties, except that the following persons
270	270	23 are not included: part-time police officers, special police
271	271	24 officers, auxiliary police as defined by Section 3.1-30-20 of
272	272	25 the Illinois Municipal Code, night watchmen, "merchant
273	273	26 police", court security officers as defined by Section
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284	284	1 3-6012.1 of the Counties Code, temporary employees, traffic
285	285	2 guards or wardens, civilian parking meter and parking
286	286	3 facilities personnel or other individuals specially appointed
287	287	4 to aid or direct traffic at or near schools or public functions
288	288	5 or to aid in civil defense or disaster, parking enforcement
289	289	6 employees who are not commissioned as peace officers and who
290	290	7 are not armed and who are not routinely expected to effect
291	291	8 arrests, parking lot attendants, clerks and dispatchers or
292	292	9 other civilian employees of a police department who are not
293	293	10 routinely expected to effect arrests, or elected officials.
294	294	11 (l) "Person" includes one or more individuals, labor
295	295	12 organizations, public employees, associations, corporations,
296	296	13 legal representatives, trustees, trustees in bankruptcy,
297	297	14 receivers, or the State of Illinois or any political
298	298	15 subdivision of the State or governing body, but does not
299	299	16 include the General Assembly of the State of Illinois or any
300	300	17 individual employed by the General Assembly of the State of
301	301	18 Illinois.
302	302	19 (m) "Professional employee" means any employee engaged in
303	303	20 work predominantly intellectual and varied in character rather
304	304	21 than routine mental, manual, mechanical or physical work;
305	305	22 involving the consistent exercise of discretion and adjustment
306	306	23 in its performance; of such a character that the output
307	307	24 produced or the result accomplished cannot be standardized in
308	308	25 relation to a given period of time; and requiring advanced
309	309	26 knowledge in a field of science or learning customarily
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320	320	1 acquired by a prolonged course of specialized intellectual
321	321	2 instruction and study in an institution of higher learning or
322	322	3 a hospital, as distinguished from a general academic education
323	323	4 or from apprenticeship or from training in the performance of
324	324	5 routine mental, manual, or physical processes; or any employee
325	325	6 who has completed the courses of specialized intellectual
326	326	7 instruction and study prescribed in this subsection (m) and is
327	327	8 performing related work under the supervision of a
328	328	9 professional person to qualify to become a professional
329	329	10 employee as defined in this subsection (m).
330	330	11 (n) "Public employee" or "employee", for the purposes of
331	331	12 this Act, means any individual employed by a public employer,
332	332	13 including (i) interns and residents at public hospitals, (ii)
333	333	14 as of July 16, 2003 (the effective date of Public Act 93-204),
334	334	15 but not before, personal assistants working under the Home
335	335	16 Services Program under Section 3 of the Rehabilitation of
336	336	17 Persons with Disabilities Act, subject to the limitations set
337	337	18 forth in this Act and in the Rehabilitation of Persons with
338	338	19 Disabilities Act, (iii) as of January 1, 2006 (the effective
339	339	20 date of Public Act 94-320), but not before, child and day care
340	340	21 home providers participating in the child care assistance
341	341	22 program under Section 9A-11 of the Illinois Public Aid Code,
342	342	23 subject to the limitations set forth in this Act and in Section
343	343	24 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
344	344	25 2013 (the effective date of Public Act 97-1158), but not
345	345	26 before except as otherwise provided in this subsection (n),
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356	356	1 home care and home health workers who function as personal
357	357	2 assistants and individual maintenance home health workers and
358	358	3 who also work under the Home Services Program under Section 3
359	359	4 of the Rehabilitation of Persons with Disabilities Act, no
360	360	5 matter whether the State provides those services through
361	361	6 direct fee-for-service arrangements, with the assistance of a
362	362	7 managed care organization or other intermediary, or otherwise,
363	363	8 (v) beginning on July 19, 2013 (the effective date of Public
364	364	9 Act 98-100) and notwithstanding any other provision of this
365	365	10 Act, any person employed by a public employer and who is
366	366	11 classified as or who holds the employment title of Chief
367	367	12 Stationary Engineer, Assistant Chief Stationary Engineer,
368	368	13 Sewage Plant Operator, Water Plant Operator, Stationary
369	369	14 Engineer, Plant Operating Engineer, and any other employee who
370	370	15 holds the position of: Civil Engineer V, Civil Engineer VI,
371	371	16 Civil Engineer VII, Technical Manager I, Technical Manager II,
372	372	17 Technical Manager III, Technical Manager IV, Technical Manager
373	373	18 V, Technical Manager VI, Realty Specialist III, Realty
374	374	19 Specialist IV, Realty Specialist V, Technical Advisor I,
375	375	20 Technical Advisor II, Technical Advisor III, Technical Advisor
376	376	21 IV, or Technical Advisor V employed by the Department of
377	377	22 Transportation who is in a position which is certified in a
378	378	23 bargaining unit on or before July 19, 2013 (the effective date
379	379	24 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
380	380	25 effective date of Public Act 98-100) and notwithstanding any
381	381	26 other provision of this Act, any mental health administrator
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392	392	1 in the Department of Corrections who is classified as or who
393	393	2 holds the position of Public Service Administrator (Option
394	394	3 8K), any employee of the Office of the Inspector General in the
395	395	4 Department of Human Services who is classified as or who holds
396	396	5 the position of Public Service Administrator (Option 7), any
397	397	6 Deputy of Intelligence in the Department of Corrections who is
398	398	7 classified as or who holds the position of Public Service
399	399	8 Administrator (Option 7), and any employee of the Illinois
400	400	9 State Police who handles issues concerning the Illinois State
401	401	10 Police Sex Offender Registry and who is classified as or holds
402	402	11 the position of Public Service Administrator (Option 7), but
403	403	12 excluding all of the following: employees of the General
404	404	13 Assembly of the State of Illinois; elected officials;
405	405	14 executive heads of a department; members of boards or
406	406	15 commissions; the Executive Inspectors General; any special
407	407	16 Executive Inspectors General; employees of each Office of an
408	408	17 Executive Inspector General; commissioners and employees of
409	409	18 the Executive Ethics Commission; the Auditor General's
410	410	19 Inspector General; employees of the Office of the Auditor
411	411	20 General's Inspector General; the Legislative Inspector
412	412	21 General; any special Legislative Inspectors General; employees
413	413	22 of the Office of the Legislative Inspector General;
414	414	23 commissioners and employees of the Legislative Ethics
415	415	24 Commission; employees of any agency, board or commission
416	416	25 created by this Act; employees appointed to State positions of
417	417	26 a temporary or emergency nature; all employees of school
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428	428	1 districts and higher education institutions except
429	429	2 firefighters and peace officers employed by a state university
430	430	3 and except peace officers employed by a school district in its
431	431	4 own police department in existence on July 23, 2010 (the
432	432	5 effective date of Public Act 96-1257); managerial employees;
433	433	6 short-term employees; legislative liaisons; a person who is a
434	434	7 State employee under the jurisdiction of the Office of the
435	435	8 Attorney General who is licensed to practice law or whose
436	436	9 position authorizes, either directly or indirectly, meaningful
437	437	10 input into government decision-making on issues where there is
438	438	11 room for principled disagreement on goals or their
439	439	12 implementation; a person who is a State employee under the
440	440	13 jurisdiction of the Office of the Comptroller who holds the
441	441	14 position of Public Service Administrator or whose position is
442	442	15 otherwise exempt under the Comptroller Merit Employment Code;
443	443	16 a person who is a State employee under the jurisdiction of the
444	444	17 Secretary of State who holds the position classification of
445	445	18 Executive I or higher, whose position authorizes, either
446	446	19 directly or indirectly, meaningful input into government
447	447	20 decision-making on issues where there is room for principled
448	448	21 disagreement on goals or their implementation, or who is
449	449	22 otherwise exempt under the Secretary of State Merit Employment
450	450	23 Code; employees in the Office of the Secretary of State who are
451	451	24 completely exempt from jurisdiction B of the Secretary of
452	452	25 State Merit Employment Code and who are in Rutan-exempt
453	453	26 positions on or after April 5, 2013 (the effective date of
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464	464	1 Public Act 97-1172); a person who is a State employee under the
465	465	2 jurisdiction of the Treasurer who holds a position that is
466	466	3 exempt from the State Treasurer Employment Code; any employee
467	467	4 of a State agency who (i) holds the title or position of, or
468	468	5 exercises substantially similar duties as a legislative
469	469	6 liaison, Agency General Counsel, Agency Chief of Staff, Agency
470	470	7 Executive Director, Agency Deputy Director, Agency Chief
471	471	8 Fiscal Officer, Agency Human Resources Director, Public
472	472	9 Information Officer, or Chief Information Officer and (ii) was
473	473	10 neither included in a bargaining unit nor subject to an active
474	474	11 petition for certification in a bargaining unit; any employee
475	475	12 of a State agency who (i) is in a position that is
476	476	13 Rutan-exempt, as designated by the employer, and completely
477	477	14 exempt from jurisdiction B of the Personnel Code and (ii) was
478	478	15 neither included in a bargaining unit nor subject to an active
479	479	16 petition for certification in a bargaining unit; any term
480	480	17 appointed employee of a State agency pursuant to Section 8b.18
481	481	18 or 8b.19 of the Personnel Code who was neither included in a
482	482	19 bargaining unit nor subject to an active petition for
483	483	20 certification in a bargaining unit; any employment position
484	484	21 properly designated pursuant to Section 6.1 of this Act;
485	485	22 confidential employees; independent contractors; and
486	486	23 supervisors except as provided in this Act.
487	487	24 Home care and home health workers who function as personal
488	488	25 assistants and individual maintenance home health workers and
489	489	26 who also work under the Home Services Program under Section 3
490	490
491	491
492	492
493	493
494	494
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496	496
497	497
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499	499	HB3114 - 14 - LRB103 29350 DTM 55737 b
500	500	1 of the Rehabilitation of Persons with Disabilities Act shall
501	501	2 not be considered public employees for any purposes not
502	502	3 specifically provided for in Public Act 93-204 or Public Act
503	503	4 97-1158, including, but not limited to, purposes of vicarious
504	504	5 liability in tort and purposes of statutory retirement or
505	505	6 health insurance benefits. Home care and home health workers
506	506	7 who function as personal assistants and individual maintenance
507	507	8 home health workers and who also work under the Home Services
508	508	9 Program under Section 3 of the Rehabilitation of Persons with
509	509	10 Disabilities Act shall not be covered by the State Employees
510	510	11 Group Insurance Act of 1971.
511	511	12 Child and day care home providers shall not be considered
512	512	13 public employees for any purposes not specifically provided
513	513	14 for in Public Act 94-320, including, but not limited to,
514	514	15 purposes of vicarious liability in tort and purposes of
515	515	16 statutory retirement or health insurance benefits. Child and
516	516	17 day care home providers shall not be covered by the State
517	517	18 Employees Group Insurance Act of 1971.
518	518	19 Notwithstanding Section 9, subsection (c), or any other
519	519	20 provisions of this Act, all peace officers above the rank of
520	520	21 captain in municipalities with more than 1,000,000 inhabitants
521	521	22 shall be excluded from this Act.
522	522	23 (o) Except as otherwise in subsection (o-5), "public
523	523	24 employer" or "employer" means the State of Illinois; any
524	524	25 political subdivision of the State, unit of local government
525	525	26 or school district; authorities including departments,
526	526
527	527
528	528
529	529
530	530
531	531	HB3114 - 14 - LRB103 29350 DTM 55737 b
532	532
533	533
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535	535	HB3114 - 15 - LRB103 29350 DTM 55737 b
536	536	1 divisions, bureaus, boards, commissions, or other agencies of
537	537	2 the foregoing entities; and any person acting within the scope
538	538	3 of his or her authority, express or implied, on behalf of those
539	539	4 entities in dealing with its employees. As of July 16, 2003
540	540	5 (the effective date of Public Act 93-204), but not before, the
541	541	6 State of Illinois shall be considered the employer of the
542	542	7 personal assistants working under the Home Services Program
543	543	8 under Section 3 of the Rehabilitation of Persons with
544	544	9 Disabilities Act, subject to the limitations set forth in this
545	545	10 Act and in the Rehabilitation of Persons with Disabilities
546	546	11 Act. As of January 29, 2013 (the effective date of Public Act
547	547	12 97-1158), but not before except as otherwise provided in this
548	548	13 subsection (o), the State shall be considered the employer of
549	549	14 home care and home health workers who function as personal
550	550	15 assistants and individual maintenance home health workers and
551	551	16 who also work under the Home Services Program under Section 3
552	552	17 of the Rehabilitation of Persons with Disabilities Act, no
553	553	18 matter whether the State provides those services through
554	554	19 direct fee-for-service arrangements, with the assistance of a
555	555	20 managed care organization or other intermediary, or otherwise,
556	556	21 but subject to the limitations set forth in this Act and the
557	557	22 Rehabilitation of Persons with Disabilities Act. The State
558	558	23 shall not be considered to be the employer of home care and
559	559	24 home health workers who function as personal assistants and
560	560	25 individual maintenance home health workers and who also work
561	561	26 under the Home Services Program under Section 3 of the
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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571	571	HB3114 - 16 - LRB103 29350 DTM 55737 b
572	572	1 Rehabilitation of Persons with Disabilities Act, for any
573	573	2 purposes not specifically provided for in Public Act 93-204 or
574	574	3 Public Act 97-1158, including but not limited to, purposes of
575	575	4 vicarious liability in tort and purposes of statutory
576	576	5 retirement or health insurance benefits. Home care and home
577	577	6 health workers who function as personal assistants and
578	578	7 individual maintenance home health workers and who also work
579	579	8 under the Home Services Program under Section 3 of the
580	580	9 Rehabilitation of Persons with Disabilities Act shall not be
581	581	10 covered by the State Employees Group Insurance Act of 1971. As
582	582	11 of January 1, 2006 (the effective date of Public Act 94-320),
583	583	12 but not before, the State of Illinois shall be considered the
584	584	13 employer of the day and child care home providers
585	585	14 participating in the child care assistance program under
586	586	15 Section 9A-11 of the Illinois Public Aid Code, subject to the
587	587	16 limitations set forth in this Act and in Section 9A-11 of the
588	588	17 Illinois Public Aid Code. The State shall not be considered to
589	589	18 be the employer of child and day care home providers for any
590	590	19 purposes not specifically provided for in Public Act 94-320,
591	591	20 including, but not limited to, purposes of vicarious liability
592	592	21 in tort and purposes of statutory retirement or health
593	593	22 insurance benefits. Child and day care home providers shall
594	594	23 not be covered by the State Employees Group Insurance Act of
595	595	24 1971.
596	596	25 "Public employer" or "employer" as used in this Act,
597	597	26 however, does not mean and shall not include the General
598	598
599	599
600	600
601	601
602	602
603	603	HB3114 - 16 - LRB103 29350 DTM 55737 b
604	604
605	605
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607	607	HB3114 - 17 - LRB103 29350 DTM 55737 b
608	608	1 Assembly of the State of Illinois, the Executive Ethics
609	609	2 Commission, the Offices of the Executive Inspectors General,
610	610	3 the Legislative Ethics Commission, the Office of the
611	611	4 Legislative Inspector General, the Office of the Auditor
612	612	5 General's Inspector General, the Office of the Governor, the
613	613	6 Governor's Office of Management and Budget, the Illinois
614	614	7 Finance Authority, the Office of the Lieutenant Governor, the
615	615	8 State Board of Elections, and educational employers or
616	616	9 employers as defined in the Illinois Educational Labor
617	617	10 Relations Act, except with respect to a state university in
618	618	11 its employment of firefighters and peace officers and except
619	619	12 with respect to a school district in the employment of peace
620	620	13 officers in its own police department in existence on July 23,
621	621	14 2010 (the effective date of Public Act 96-1257). County boards
622	622	15 and county sheriffs shall be designated as joint or
623	623	16 co-employers of county peace officers appointed under the
624	624	17 authority of a county sheriff. Nothing in this subsection (o)
625	625	18 shall be construed to prevent the State Panel or the Local
626	626	19 Panel from determining that employers are joint or
627	627	20 co-employers.
628	628	21 (o-5) With respect to wages, fringe benefits, hours,
629	629	22 holidays, vacations, proficiency examinations, sick leave, and
630	630	23 other conditions of employment, the public employer of public
631	631	24 employees who are court reporters, as defined in the Court
632	632	25 Reporters Act, shall be determined as follows:
633	633	26 (1) For court reporters employed by the Cook County
634	634
635	635
636	636
637	637
638	638
639	639	HB3114 - 17 - LRB103 29350 DTM 55737 b
640	640
641	641
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643	643	HB3114 - 18 - LRB103 29350 DTM 55737 b
644	644	1 Judicial Circuit, the chief judge of the Cook County
645	645	2 Circuit Court is the public employer and employer
646	646	3 representative.
647	647	4 (2) For court reporters employed by the 12th, 18th,
648	648	5 19th, and, on and after December 4, 2006, the 22nd
649	649	6 judicial circuits, a group consisting of the chief judges
650	650	7 of those circuits, acting jointly by majority vote, is the
651	651	8 public employer and employer representative.
652	652	9 (3) For court reporters employed by all other judicial
653	653	10 circuits, a group consisting of the chief judges of those
654	654	11 circuits, acting jointly by majority vote, is the public
655	655	12 employer and employer representative.
656	656	13 (p) "Security employee" means an employee who is
657	657	14 responsible for the supervision and control of inmates at
658	658	15 correctional facilities. The term also includes other
659	659	16 non-security employees in bargaining units having the majority
660	660	17 of employees being responsible for the supervision and control
661	661	18 of inmates at correctional facilities.
662	662	19 (q) "Short-term employee" means an employee who is
663	663	20 employed for less than 2 consecutive calendar quarters during
664	664	21 a calendar year and who does not have a reasonable assurance
665	665	22 that he or she will be rehired by the same employer for the
666	666	23 same service in a subsequent calendar year.
667	667	24 (q-5) "State agency" means an agency directly responsible
668	668	25 to the Governor, as defined in Section 3.1 of the Executive
669	669	26 Reorganization Implementation Act, and the Illinois Commerce
670	670
671	671
672	672
673	673
674	674
675	675	HB3114 - 18 - LRB103 29350 DTM 55737 b
676	676
677	677
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679	679	HB3114 - 19 - LRB103 29350 DTM 55737 b
680	680	1 Commission, the Illinois Workers' Compensation Commission, the
681	681	2 Civil Service Commission, the Pollution Control Board, the
682	682	3 Illinois Racing Board, and the Illinois State Police Merit
683	683	4 Board.
684	684	5 (r) "Supervisor" is:
685	685	6 (1) An employee whose principal work is substantially
686	686	7 different from that of his or her subordinates and who has
687	687	8 authority, in the interest of the employer, to hire,
688	688	9 transfer, suspend, lay off, recall, promote, discharge,
689	689	10 direct, reward, or discipline employees, to independently
690	690	11 adjust their grievances, or to effectively recommend any
691	691	12 of those actions, if the exercise of that authority is not
692	692	13 of a merely routine or clerical nature, but requires the
693	693	14 consistent use of independent judgment. Except with
694	694	15 respect to police employment, the term "supervisor"
695	695	16 includes only those individuals who devote a majority
696	696	17 preponderance of their employment time to exercising that
697	697	18 authority, State supervisors notwithstanding.
698	698	19 Determinations of supervisor status shall be based on
699	699	20 actual employee job duties and not solely on written job
700	700	21 descriptions. Further, in police units, if employees
701	701	22 consist of sworn officers serving as shift commander and
702	702	23 below, each shift commander, regardless of sworn rank, is
703	703	24 a "supervisor" if he or she is responsible for several
704	704	25 police officers, one or more units or teams, or an entire
705	705	26 shift. If there is no sworn rank between that of chief or
706	706
707	707
708	708
709	709
710	710
711	711	HB3114 - 19 - LRB103 29350 DTM 55737 b
712	712
713	713
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715	715	HB3114 - 20 - LRB103 29350 DTM 55737 b
716	716	1 sheriff and the highest ranked sworn shift commander, the
717	717	2 employer may designate a single exempt shift commander
718	718	3 position on each shift who is a "supervisor". Each sworn
719	719	4 or exempt rank above that of a designated exempt shift
720	720	5 commander is a "supervisor". Nothing in this definition
721	721	6 prohibits an individual from also meeting the definition
722	722	7 of "managerial employee" under subsection (j) of this
723	723	8 Section. In addition, in determining supervisory status in
724	724	9 police employment, rank shall not be determinative. The
725	725	10 Board shall consider, as evidence of bargaining unit
726	726	11 inclusion or exclusion, the common law enforcement
727	727	12 policies and relationships between police officer ranks
728	728	13 and certification under applicable civil service law,
729	729	14 ordinances, personnel codes, or Division 2.1 of Article 10
730	730	15 of the Illinois Municipal Code, but these factors shall
731	731	16 not be the sole or predominant factors considered by the
732	732	17 Board in determining police supervisory status.
733	733	18 Notwithstanding the provisions of the preceding
734	734	19 paragraph, in determining supervisory status in fire
735	735	20 fighter employment, no fire fighter shall be excluded as a
736	736	21 supervisor who has established representation rights under
737	737	22 Section 9 of this Act. Further, in fire fighter units,
738	738	23 employees shall consist of fire fighters of the highest
739	739	24 rank of company officer and below. A company officer may
740	740	25 be responsible for multiple companies or apparatus on a
741	741	26 shift, multiple stations, or an entire shift. There may be
742	742
743	743
744	744
745	745
746	746
747	747	HB3114 - 20 - LRB103 29350 DTM 55737 b
748	748
749	749
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751	751	HB3114 - 21 - LRB103 29350 DTM 55737 b
752	752	1 more than one company officer per shift. If a company
753	753	2 officer otherwise qualifies as a supervisor under the
754	754	3 preceding paragraph, however, he or she shall not be
755	755	4 included in the fire fighter unit. If there is no rank
756	756	5 between that of chief and the highest company officer, the
757	757	6 employer may designate a position on each shift as a Shift
758	758	7 Commander, and the persons occupying those positions shall
759	759	8 be supervisors. All other ranks above that of the highest
760	760	9 company officer shall be supervisors.
761	761	10 (2) With respect only to State employees in positions
762	762	11 under the jurisdiction of the Attorney General, Secretary
763	763	12 of State, Comptroller, or Treasurer (i) that were
764	764	13 certified in a bargaining unit on or after December 2,
765	765	14 2008, (ii) for which a petition is filed with the Illinois
766	766	15 Public Labor Relations Board on or after April 5, 2013
767	767	16 (the effective date of Public Act 97-1172), or (iii) for
768	768	17 which a petition is pending before the Illinois Public
769	769	18 Labor Relations Board on that date, an employee who
770	770	19 qualifies as a supervisor under (A) Section 152 of the
771	771	20 National Labor Relations Act and (B) orders of the
772	772	21 National Labor Relations Board interpreting that provision
773	773	22 or decisions of courts reviewing decisions of the National
774	774	23 Labor Relations Board.
775	775	24 (s)(1) "Unit" means a class of jobs or positions that are
776	776	25 held by employees whose collective interests may suitably be
777	777	26 represented by a labor organization for collective bargaining.
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB3114 - 22 - LRB103 29350 DTM 55737 b
788	788	1 Except with respect to non-State fire fighters and paramedics
789	789	2 employed by fire departments and fire protection districts,
790	790	3 non-State peace officers, and peace officers in the Illinois
791	791	4 State Police, a bargaining unit determined by the Board shall
792	792	5 not include both employees and supervisors, or supervisors
793	793	6 only, except as provided in paragraph (2) of this subsection
794	794	7 (s) and except for bargaining units in existence on July 1,
795	795	8 1984 (the effective date of this Act). With respect to
796	796	9 non-State fire fighters and paramedics employed by fire
797	797	10 departments and fire protection districts, non-State peace
798	798	11 officers, and peace officers in the Illinois State Police, a
799	799	12 bargaining unit determined by the Board shall not include both
800	800	13 supervisors and nonsupervisors, or supervisors only, except as
801	801	14 provided in paragraph (2) of this subsection (s) and except
802	802	15 for bargaining units in existence on January 1, 1986 (the
803	803	16 effective date of this amendatory Act of 1985). A bargaining
804	804	17 unit determined by the Board to contain peace officers shall
805	805	18 contain no employees other than peace officers unless
806	806	19 otherwise agreed to by the employer and the labor organization
807	807	20 or labor organizations involved. Notwithstanding any other
808	808	21 provision of this Act, a bargaining unit, including a
809	809	22 historical bargaining unit, containing sworn peace officers of
810	810	23 the Department of Natural Resources (formerly designated the
811	811	24 Department of Conservation) shall contain no employees other
812	812	25 than such sworn peace officers upon the effective date of this
813	813	26 amendatory Act of 1990 or upon the expiration date of any
814	814
815	815
816	816
817	817
818	818
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820	820
821	821
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823	823	HB3114 - 23 - LRB103 29350 DTM 55737 b
824	824	1 collective bargaining agreement in effect upon the effective
825	825	2 date of this amendatory Act of 1990 covering both such sworn
826	826	3 peace officers and other employees.
827	827	4 (2) Notwithstanding the exclusion of supervisors from
828	828	5 bargaining units as provided in paragraph (1) of this
829	829	6 subsection (s), a public employer may agree to permit its
830	830	7 supervisory employees to form bargaining units and may bargain
831	831	8 with those units. This Act shall apply if the public employer
832	832	9 chooses to bargain under this subsection.
833	833	10 (3) Public employees who are court reporters, as defined
834	834	11 in the Court Reporters Act, shall be divided into 3 units for
835	835	12 collective bargaining purposes. One unit shall be court
836	836	13 reporters employed by the Cook County Judicial Circuit; one
837	837	14 unit shall be court reporters employed by the 12th, 18th,
838	838	15 19th, and, on and after December 4, 2006, the 22nd judicial
839	839	16 circuits; and one unit shall be court reporters employed by
840	840	17 all other judicial circuits.
841	841	18 (t) "Active petition for certification in a bargaining
842	842	19 unit" means a petition for certification filed with the Board
843	843	20 under one of the following case numbers: S-RC-11-110;
844	844	21 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
845	845	22 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
846	846	23 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
847	847	24 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
848	848	25 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
849	849	26 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB3114 - 24 - LRB103 29350 DTM 55737 b
860	860	1 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
861	861	2 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
862	862	3 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
863	863	4 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
864	864	5 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
865	865	6 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
866	866	7 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
867	867	8 S-RC-07-100.
868	868	9 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
869	869	10 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
870	870
871	871
872	872
873	873
874	874
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