Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2410 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 SB2410 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609 Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that for those units descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit. LRB103 27496 DTM 53870 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2410 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609 Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that for those units descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit. LRB103 27496 DTM 53870 b LRB103 27496 DTM 53870 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2410 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609
4	4	5 ILCS 315/3 from Ch. 48, par. 1603
5	5	5 ILCS 315/9 from Ch. 48, par. 1609
6	6	Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that for those units descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit.
7	7	LRB103 27496 DTM 53870 b LRB103 27496 DTM 53870 b
8	8	LRB103 27496 DTM 53870 b
9	9	A BILL FOR
10	10	SB2410LRB103 27496 DTM 53870 b SB2410 LRB103 27496 DTM 53870 b
11	11	SB2410 LRB103 27496 DTM 53870 b
12	12	1 AN ACT concerning government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Public Labor Relations Act is
16	16	5 amended by changing Sections 3 and 9 as follows:
17	17	6 (5 ILCS 315/3) (from Ch. 48, par. 1603)
18	18	7 Sec. 3. Definitions. As used in this Act, unless the
19	19	8 context otherwise requires:
20	20	9 (a) "Board" means the Illinois Labor Relations Board or,
21	21	10 with respect to a matter over which the jurisdiction of the
22	22	11 Board is assigned to the State Panel or the Local Panel under
23	23	12 Section 5, the panel having jurisdiction over the matter.
24	24	13 (b) "Collective bargaining" means bargaining over terms
25	25	14 and conditions of employment, including hours, wages, and
26	26	15 other conditions of employment, as detailed in Section 7 and
27	27	16 which are not excluded by Section 4.
28	28	17 (c) "Confidential employee" means an employee who, in the
29	29	18 regular course of his or her duties, assists and acts in a
30	30	19 confidential capacity to persons who formulate, determine, and
31	31	20 effectuate management policies with regard to labor relations
32	32	21 or who, in the regular course of his or her duties, has
33	33	22 authorized, actual, and more than incidental access to
34	34	23 information relating to the effectuation or review of the
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2410 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
39	39	5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609 5 ILCS 315/3 from Ch. 48, par. 1603 5 ILCS 315/9 from Ch. 48, par. 1609
40	40	5 ILCS 315/3 from Ch. 48, par. 1603
41	41	5 ILCS 315/9 from Ch. 48, par. 1609
42	42	Amends the Illinois Public Labor Relations Act. Modifies the definitions of "supervisor" and "unit". In the definition of "supervisor", specifies that the authority to assign is not an indication of supervisory status. In the definition of "unit", prohibits a unit from including (i) employees and managerial employees or (ii) managerial employees only. Provides that no public employee position shall be excluded from a bargaining unit prior to that position being filled. Provides, with respect to bargaining units in existence on the amendatory Act's effective date, that the Illinois Labor Relations Board shall, in describing the unit found appropriate for purposes of collective bargaining, describe the unit in terms of job functions rather than job titles. Provides that for those units descriptions may also include the currently existing job titles that perform the job functions. Provides that these existing bargaining units shall also include positions later filled that perform the job functions of a unit and job titles later created that: (i) are successor job titles to the currently existing job titles; (ii) perform the same or substantially similar job functions as the currently existing job titles; or (iii) are logically encompassed within an existing unit.
43	43	LRB103 27496 DTM 53870 b LRB103 27496 DTM 53870 b
44	44	LRB103 27496 DTM 53870 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	5 ILCS 315/3 from Ch. 48, par. 1603
52	52	5 ILCS 315/9 from Ch. 48, par. 1609
53	53
54	54
55	55
56	56	LRB103 27496 DTM 53870 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	SB2410 LRB103 27496 DTM 53870 b
67	67
68	68
69	69	SB2410- 2 -LRB103 27496 DTM 53870 b SB2410 - 2 - LRB103 27496 DTM 53870 b
70	70	SB2410 - 2 - LRB103 27496 DTM 53870 b
71	71	1 employer's collective bargaining policies. Determinations of
72	72	2 confidential employee status shall be based on actual employee
73	73	3 job duties and not solely on written job descriptions. The
74	74	4 definition of "confidential employee" in this subsection (c)
75	75	5 applies to all public employees.
76	76	6 (d) "Craft employees" means skilled journeymen, crafts
77	77	7 persons, and their apprentices and helpers.
78	78	8 (e) "Essential services employees" means those public
79	79	9 employees performing functions so essential that the
80	80	10 interruption or termination of the function will constitute a
81	81	11 clear and present danger to the health and safety of the
82	82	12 persons in the affected community.
83	83	13 (f) "Exclusive representative", except with respect to
84	84	14 non-State fire fighters and paramedics employed by fire
85	85	15 departments and fire protection districts, non-State peace
86	86	16 officers, and peace officers in the Illinois State Police,
87	87	17 means the labor organization that has been (i) designated by
88	88	18 the Board as the representative of a majority of public
89	89	19 employees in an appropriate bargaining unit in accordance with
90	90	20 the procedures contained in this Act; (ii) historically
91	91	21 recognized by the State of Illinois or any political
92	92	22 subdivision of the State before July 1, 1984 (the effective
93	93	23 date of this Act) as the exclusive representative of the
94	94	24 employees in an appropriate bargaining unit; (iii) after July
95	95	25 1, 1984 (the effective date of this Act) recognized by an
96	96	26 employer upon evidence, acceptable to the Board, that the
97	97
98	98
99	99
100	100
101	101
102	102	SB2410 - 2 - LRB103 27496 DTM 53870 b
103	103
104	104
105	105	SB2410- 3 -LRB103 27496 DTM 53870 b SB2410 - 3 - LRB103 27496 DTM 53870 b
106	106	SB2410 - 3 - LRB103 27496 DTM 53870 b
107	107	1 labor organization has been designated as the exclusive
108	108	2 representative by a majority of the employees in an
109	109	3 appropriate bargaining unit; (iv) recognized as the exclusive
110	110	4 representative of personal assistants under Executive Order
111	111	5 2003-8 prior to July 16, 2003 (the effective date of Public Act
112	112	6 93-204), and the organization shall be considered to be the
113	113	7 exclusive representative of the personal assistants as defined
114	114	8 in this Section; or (v) recognized as the exclusive
115	115	9 representative of child and day care home providers, including
116	116	10 licensed and license exempt providers, pursuant to an election
117	117	11 held under Executive Order 2005-1 prior to January 1, 2006
118	118	12 (the effective date of Public Act 94-320), and the
119	119	13 organization shall be considered to be the exclusive
120	120	14 representative of the child and day care home providers as
121	121	15 defined in this Section.
122	122	16 With respect to non-State fire fighters and paramedics
123	123	17 employed by fire departments and fire protection districts,
124	124	18 non-State peace officers, and peace officers in the Illinois
125	125	19 State Police, "exclusive representative" means the labor
126	126	20 organization that has been (i) designated by the Board as the
127	127	21 representative of a majority of peace officers or fire
128	128	22 fighters in an appropriate bargaining unit in accordance with
129	129	23 the procedures contained in this Act, (ii) historically
130	130	24 recognized by the State of Illinois or any political
131	131	25 subdivision of the State before January 1, 1986 (the effective
132	132	26 date of this amendatory Act of 1985) as the exclusive
133	133
134	134
135	135
136	136
137	137
138	138	SB2410 - 3 - LRB103 27496 DTM 53870 b
139	139
140	140
141	141	SB2410- 4 -LRB103 27496 DTM 53870 b SB2410 - 4 - LRB103 27496 DTM 53870 b
142	142	SB2410 - 4 - LRB103 27496 DTM 53870 b
143	143	1 representative by a majority of the peace officers or fire
144	144	2 fighters in an appropriate bargaining unit, or (iii) after
145	145	3 January 1, 1986 (the effective date of this amendatory Act of
146	146	4 1985) recognized by an employer upon evidence, acceptable to
147	147	5 the Board, that the labor organization has been designated as
148	148	6 the exclusive representative by a majority of the peace
149	149	7 officers or fire fighters in an appropriate bargaining unit.
150	150	8 Where a historical pattern of representation exists for
151	151	9 the workers of a water system that was owned by a public
152	152	10 utility, as defined in Section 3-105 of the Public Utilities
153	153	11 Act, prior to becoming certified employees of a municipality
154	154	12 or municipalities once the municipality or municipalities have
155	155	13 acquired the water system as authorized in Section 11-124-5 of
156	156	14 the Illinois Municipal Code, the Board shall find the labor
157	157	15 organization that has historically represented the workers to
158	158	16 be the exclusive representative under this Act, and shall find
159	159	17 the unit represented by the exclusive representative to be the
160	160	18 appropriate unit.
161	161	19 (g) "Fair share agreement" means an agreement between the
162	162	20 employer and an employee organization under which all or any
163	163	21 of the employees in a collective bargaining unit are required
164	164	22 to pay their proportionate share of the costs of the
165	165	23 collective bargaining process, contract administration, and
166	166	24 pursuing matters affecting wages, hours, and other conditions
167	167	25 of employment, but not to exceed the amount of dues uniformly
168	168	26 required of members. The amount certified by the exclusive
169	169
170	170
171	171
172	172
173	173
174	174	SB2410 - 4 - LRB103 27496 DTM 53870 b
175	175
176	176
177	177	SB2410- 5 -LRB103 27496 DTM 53870 b SB2410 - 5 - LRB103 27496 DTM 53870 b
178	178	SB2410 - 5 - LRB103 27496 DTM 53870 b
179	179	1 representative shall not include any fees for contributions
180	180	2 related to the election or support of any candidate for
181	181	3 political office. Nothing in this subsection (g) shall
182	182	4 preclude an employee from making voluntary political
183	183	5 contributions in conjunction with his or her fair share
184	184	6 payment.
185	185	7 (g-1) "Fire fighter" means, for the purposes of this Act
186	186	8 only, any person who has been or is hereafter appointed to a
187	187	9 fire department or fire protection district or employed by a
188	188	10 state university and sworn or commissioned to perform fire
189	189	11 fighter duties or paramedic duties, including paramedics
190	190	12 employed by a unit of local government, except that the
191	191	13 following persons are not included: part-time fire fighters,
192	192	14 auxiliary, reserve or voluntary fire fighters, including paid
193	193	15 on-call fire fighters, clerks and dispatchers or other
194	194	16 civilian employees of a fire department or fire protection
195	195	17 district who are not routinely expected to perform fire
196	196	18 fighter duties, or elected officials.
197	197	19 (g-2) "General Assembly of the State of Illinois" means
198	198	20 the legislative branch of the government of the State of
199	199	21 Illinois, as provided for under Article IV of the Constitution
200	200	22 of the State of Illinois, and includes, but is not limited to,
201	201	23 the House of Representatives, the Senate, the Speaker of the
202	202	24 House of Representatives, the Minority Leader of the House of
203	203	25 Representatives, the President of the Senate, the Minority
204	204	26 Leader of the Senate, the Joint Committee on Legislative
205	205
206	206
207	207
208	208
209	209
210	210	SB2410 - 5 - LRB103 27496 DTM 53870 b
211	211
212	212
213	213	SB2410- 6 -LRB103 27496 DTM 53870 b SB2410 - 6 - LRB103 27496 DTM 53870 b
214	214	SB2410 - 6 - LRB103 27496 DTM 53870 b
215	215	1 Support Services, and any legislative support services agency
216	216	2 listed in the Legislative Commission Reorganization Act of
217	217	3 1984.
218	218	4 (h) "Governing body" means, in the case of the State, the
219	219	5 State Panel of the Illinois Labor Relations Board, the
220	220	6 Director of the Department of Central Management Services, and
221	221	7 the Director of the Department of Labor; the county board in
222	222	8 the case of a county; the corporate authorities in the case of
223	223	9 a municipality; and the appropriate body authorized to provide
224	224	10 for expenditures of its funds in the case of any other unit of
225	225	11 government.
226	226	12 (i) "Labor organization" means any organization in which
227	227	13 public employees participate and that exists for the purpose,
228	228	14 in whole or in part, of dealing with a public employer
229	229	15 concerning wages, hours, and other terms and conditions of
230	230	16 employment, including the settlement of grievances.
231	231	17 (i-5) "Legislative liaison" means a person who is an
232	232	18 employee of a State agency, the Attorney General, the
233	233	19 Secretary of State, the Comptroller, or the Treasurer, as the
234	234	20 case may be, and whose job duties require the person to
235	235	21 regularly communicate in the course of his or her employment
236	236	22 with any official or staff of the General Assembly of the State
237	237	23 of Illinois for the purpose of influencing any legislative
238	238	24 action.
239	239	25 (j) "Managerial employee" means an individual who is
240	240	26 engaged predominantly in executive and management functions
241	241
242	242
243	243
244	244
245	245
246	246	SB2410 - 6 - LRB103 27496 DTM 53870 b
247	247
248	248
249	249	SB2410- 7 -LRB103 27496 DTM 53870 b SB2410 - 7 - LRB103 27496 DTM 53870 b
250	250	SB2410 - 7 - LRB103 27496 DTM 53870 b
251	251	1 for a majority of his or her employment time and is charged
252	252	2 with the responsibility of, and devotes a majority of his or
253	253	3 her employment time to, directing the effectuation of
254	254	4 management policies and practices. Exercise of discretion or
255	255	5 acting on behalf of an office holder, agency head, or board or
256	256	6 commission by professional employees, including attorneys, as
257	257	7 part of the performance of their work as professional
258	258	8 employees, does not constitute evidence of executive and
259	259	9 management functions or of directing the effectuation of
260	260	10 management policies and practices. Determination of managerial
261	261	11 employee status shall be based on actual employee job duties
262	262	12 and not on written job descriptions. No employee shall be
263	263	13 determined to be a managerial employee as a matter of law.
264	264	14 Determination of managerial employee status shall be based on
265	265	15 actual employee job duties and not solely on written job
266	266	16 descriptions. With respect only to State employees in
267	267	17 positions under the jurisdiction of the Attorney General,
268	268	18 Secretary of State, Comptroller, or Treasurer (i) that were
269	269	19 certified in a bargaining unit on or after December 2, 2008,
270	270	20 (ii) for which a petition is filed with the Illinois Public
271	271	21 Labor Relations Board on or after April 5, 2013 (the effective
272	272	22 date of Public Act 97-1172), or (iii) for which a petition is
273	273	23 pending before the Illinois Public Labor Relations Board on
274	274	24 that date, "managerial employee" means an individual who is
275	275	25 engaged in executive and management functions or who is
276	276	26 charged with the effectuation of management policies and
277	277
278	278
279	279
280	280
281	281
282	282	SB2410 - 7 - LRB103 27496 DTM 53870 b
283	283
284	284
285	285	SB2410- 8 -LRB103 27496 DTM 53870 b SB2410 - 8 - LRB103 27496 DTM 53870 b
286	286	SB2410 - 8 - LRB103 27496 DTM 53870 b
287	287	1 practices or who represents management interests by taking or
288	288	2 recommending discretionary actions that effectively control or
289	289	3 implement policy. Nothing in this definition prohibits an
290	290	4 individual from also meeting the definition of "supervisor"
291	291	5 under subsection (r) of this Section. The definition of
292	292	6 "managerial employee" in this subsection applies to all public
293	293	7 employees.
294	294	8 (k) "Peace officer" means, for the purposes of this Act
295	295	9 only, any persons who have been or are hereafter appointed to a
296	296	10 police force, department, or agency and sworn or commissioned
297	297	11 to perform police duties, except that the following persons
298	298	12 are not included: part-time police officers, special police
299	299	13 officers, auxiliary police as defined by Section 3.1-30-20 of
300	300	14 the Illinois Municipal Code, night watchmen, "merchant
301	301	15 police", court security officers as defined by Section
302	302	16 3-6012.1 of the Counties Code, temporary employees, traffic
303	303	17 guards or wardens, civilian parking meter and parking
304	304	18 facilities personnel or other individuals specially appointed
305	305	19 to aid or direct traffic at or near schools or public functions
306	306	20 or to aid in civil defense or disaster, parking enforcement
307	307	21 employees who are not commissioned as peace officers and who
308	308	22 are not armed and who are not routinely expected to effect
309	309	23 arrests, parking lot attendants, clerks and dispatchers or
310	310	24 other civilian employees of a police department who are not
311	311	25 routinely expected to effect arrests, or elected officials.
312	312	26 (l) "Person" includes one or more individuals, labor
313	313
314	314
315	315
316	316
317	317
318	318	SB2410 - 8 - LRB103 27496 DTM 53870 b
319	319
320	320
321	321	SB2410- 9 -LRB103 27496 DTM 53870 b SB2410 - 9 - LRB103 27496 DTM 53870 b
322	322	SB2410 - 9 - LRB103 27496 DTM 53870 b
323	323	1 organizations, public employees, associations, corporations,
324	324	2 legal representatives, trustees, trustees in bankruptcy,
325	325	3 receivers, or the State of Illinois or any political
326	326	4 subdivision of the State or governing body, but does not
327	327	5 include the General Assembly of the State of Illinois or any
328	328	6 individual employed by the General Assembly of the State of
329	329	7 Illinois.
330	330	8 (m) "Professional employee" means any employee engaged in
331	331	9 work predominantly intellectual and varied in character rather
332	332	10 than routine mental, manual, mechanical or physical work;
333	333	11 involving the consistent exercise of discretion and adjustment
334	334	12 in its performance; of such a character that the output
335	335	13 produced or the result accomplished cannot be standardized in
336	336	14 relation to a given period of time; and requiring advanced
337	337	15 knowledge in a field of science or learning customarily
338	338	16 acquired by a prolonged course of specialized intellectual
339	339	17 instruction and study in an institution of higher learning or
340	340	18 a hospital, as distinguished from a general academic education
341	341	19 or from apprenticeship or from training in the performance of
342	342	20 routine mental, manual, or physical processes; or any employee
343	343	21 who has completed the courses of specialized intellectual
344	344	22 instruction and study prescribed in this subsection (m) and is
345	345	23 performing related work under the supervision of a
346	346	24 professional person to qualify to become a professional
347	347	25 employee as defined in this subsection (m).
348	348	26 (n) "Public employee" or "employee", for the purposes of
349	349
350	350
351	351
352	352
353	353
354	354	SB2410 - 9 - LRB103 27496 DTM 53870 b
355	355
356	356
357	357	SB2410- 10 -LRB103 27496 DTM 53870 b SB2410 - 10 - LRB103 27496 DTM 53870 b
358	358	SB2410 - 10 - LRB103 27496 DTM 53870 b
359	359	1 this Act, means any individual employed by a public employer,
360	360	2 including (i) interns and residents at public hospitals, (ii)
361	361	3 as of July 16, 2003 (the effective date of Public Act 93-204),
362	362	4 but not before, personal assistants working under the Home
363	363	5 Services Program under Section 3 of the Rehabilitation of
364	364	6 Persons with Disabilities Act, subject to the limitations set
365	365	7 forth in this Act and in the Rehabilitation of Persons with
366	366	8 Disabilities Act, (iii) as of January 1, 2006 (the effective
367	367	9 date of Public Act 94-320), but not before, child and day care
368	368	10 home providers participating in the child care assistance
369	369	11 program under Section 9A-11 of the Illinois Public Aid Code,
370	370	12 subject to the limitations set forth in this Act and in Section
371	371	13 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
372	372	14 2013 (the effective date of Public Act 97-1158), but not
373	373	15 before except as otherwise provided in this subsection (n),
374	374	16 home care and home health workers who function as personal
375	375	17 assistants and individual maintenance home health workers and
376	376	18 who also work under the Home Services Program under Section 3
377	377	19 of the Rehabilitation of Persons with Disabilities Act, no
378	378	20 matter whether the State provides those services through
379	379	21 direct fee-for-service arrangements, with the assistance of a
380	380	22 managed care organization or other intermediary, or otherwise,
381	381	23 (v) beginning on July 19, 2013 (the effective date of Public
382	382	24 Act 98-100) and notwithstanding any other provision of this
383	383	25 Act, any person employed by a public employer and who is
384	384	26 classified as or who holds the employment title of Chief
385	385
386	386
387	387
388	388
389	389
390	390	SB2410 - 10 - LRB103 27496 DTM 53870 b
391	391
392	392
393	393	SB2410- 11 -LRB103 27496 DTM 53870 b SB2410 - 11 - LRB103 27496 DTM 53870 b
394	394	SB2410 - 11 - LRB103 27496 DTM 53870 b
395	395	1 Stationary Engineer, Assistant Chief Stationary Engineer,
396	396	2 Sewage Plant Operator, Water Plant Operator, Stationary
397	397	3 Engineer, Plant Operating Engineer, and any other employee who
398	398	4 holds the position of: Civil Engineer V, Civil Engineer VI,
399	399	5 Civil Engineer VII, Technical Manager I, Technical Manager II,
400	400	6 Technical Manager III, Technical Manager IV, Technical Manager
401	401	7 V, Technical Manager VI, Realty Specialist III, Realty
402	402	8 Specialist IV, Realty Specialist V, Technical Advisor I,
403	403	9 Technical Advisor II, Technical Advisor III, Technical Advisor
404	404	10 IV, or Technical Advisor V employed by the Department of
405	405	11 Transportation who is in a position which is certified in a
406	406	12 bargaining unit on or before July 19, 2013 (the effective date
407	407	13 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
408	408	14 effective date of Public Act 98-100) and notwithstanding any
409	409	15 other provision of this Act, any mental health administrator
410	410	16 in the Department of Corrections who is classified as or who
411	411	17 holds the position of Public Service Administrator (Option
412	412	18 8K), any employee of the Office of the Inspector General in the
413	413	19 Department of Human Services who is classified as or who holds
414	414	20 the position of Public Service Administrator (Option 7), any
415	415	21 Deputy of Intelligence in the Department of Corrections who is
416	416	22 classified as or who holds the position of Public Service
417	417	23 Administrator (Option 7), and any employee of the Illinois
418	418	24 State Police who handles issues concerning the Illinois State
419	419	25 Police Sex Offender Registry and who is classified as or holds
420	420	26 the position of Public Service Administrator (Option 7), but
421	421
422	422
423	423
424	424
425	425
426	426	SB2410 - 11 - LRB103 27496 DTM 53870 b
427	427
428	428
429	429	SB2410- 12 -LRB103 27496 DTM 53870 b SB2410 - 12 - LRB103 27496 DTM 53870 b
430	430	SB2410 - 12 - LRB103 27496 DTM 53870 b
431	431	1 excluding all of the following: employees of the General
432	432	2 Assembly of the State of Illinois; elected officials;
433	433	3 executive heads of a department; members of boards or
434	434	4 commissions; the Executive Inspectors General; any special
435	435	5 Executive Inspectors General; employees of each Office of an
436	436	6 Executive Inspector General; commissioners and employees of
437	437	7 the Executive Ethics Commission; the Auditor General's
438	438	8 Inspector General; employees of the Office of the Auditor
439	439	9 General's Inspector General; the Legislative Inspector
440	440	10 General; any special Legislative Inspectors General; employees
441	441	11 of the Office of the Legislative Inspector General;
442	442	12 commissioners and employees of the Legislative Ethics
443	443	13 Commission; employees of any agency, board or commission
444	444	14 created by this Act; employees appointed to State positions of
445	445	15 a temporary or emergency nature; all employees of school
446	446	16 districts and higher education institutions except
447	447	17 firefighters and peace officers employed by a state university
448	448	18 and except peace officers employed by a school district in its
449	449	19 own police department in existence on July 23, 2010 (the
450	450	20 effective date of Public Act 96-1257); managerial employees;
451	451	21 short-term employees; legislative liaisons; a person who is a
452	452	22 State employee under the jurisdiction of the Office of the
453	453	23 Attorney General who is licensed to practice law or whose
454	454	24 position authorizes, either directly or indirectly, meaningful
455	455	25 input into government decision-making on issues where there is
456	456	26 room for principled disagreement on goals or their
457	457
458	458
459	459
460	460
461	461
462	462	SB2410 - 12 - LRB103 27496 DTM 53870 b
463	463
464	464
465	465	SB2410- 13 -LRB103 27496 DTM 53870 b SB2410 - 13 - LRB103 27496 DTM 53870 b
466	466	SB2410 - 13 - LRB103 27496 DTM 53870 b
467	467	1 implementation; a person who is a State employee under the
468	468	2 jurisdiction of the Office of the Comptroller who holds the
469	469	3 position of Public Service Administrator or whose position is
470	470	4 otherwise exempt under the Comptroller Merit Employment Code;
471	471	5 a person who is a State employee under the jurisdiction of the
472	472	6 Secretary of State who holds the position classification of
473	473	7 Executive I or higher, whose position authorizes, either
474	474	8 directly or indirectly, meaningful input into government
475	475	9 decision-making on issues where there is room for principled
476	476	10 disagreement on goals or their implementation, or who is
477	477	11 otherwise exempt under the Secretary of State Merit Employment
478	478	12 Code; employees in the Office of the Secretary of State who are
479	479	13 completely exempt from jurisdiction B of the Secretary of
480	480	14 State Merit Employment Code and who are in Rutan-exempt
481	481	15 positions on or after April 5, 2013 (the effective date of
482	482	16 Public Act 97-1172); a person who is a State employee under the
483	483	17 jurisdiction of the Treasurer who holds a position that is
484	484	18 exempt from the State Treasurer Employment Code; any employee
485	485	19 of a State agency who (i) holds the title or position of, or
486	486	20 exercises substantially similar duties as a legislative
487	487	21 liaison, Agency General Counsel, Agency Chief of Staff, Agency
488	488	22 Executive Director, Agency Deputy Director, Agency Chief
489	489	23 Fiscal Officer, Agency Human Resources Director, Public
490	490	24 Information Officer, or Chief Information Officer and (ii) was
491	491	25 neither included in a bargaining unit nor subject to an active
492	492	26 petition for certification in a bargaining unit; any employee
493	493
494	494
495	495
496	496
497	497
498	498	SB2410 - 13 - LRB103 27496 DTM 53870 b
499	499
500	500
501	501	SB2410- 14 -LRB103 27496 DTM 53870 b SB2410 - 14 - LRB103 27496 DTM 53870 b
502	502	SB2410 - 14 - LRB103 27496 DTM 53870 b
503	503	1 of a State agency who (i) is in a position that is
504	504	2 Rutan-exempt, as designated by the employer, and completely
505	505	3 exempt from jurisdiction B of the Personnel Code and (ii) was
506	506	4 neither included in a bargaining unit nor subject to an active
507	507	5 petition for certification in a bargaining unit; any term
508	508	6 appointed employee of a State agency pursuant to Section 8b.18
509	509	7 or 8b.19 of the Personnel Code who was neither included in a
510	510	8 bargaining unit nor subject to an active petition for
511	511	9 certification in a bargaining unit; any employment position
512	512	10 properly designated pursuant to Section 6.1 of this Act;
513	513	11 confidential employees; independent contractors; and
514	514	12 supervisors except as provided in this Act.
515	515	13 Home care and home health workers who function as personal
516	516	14 assistants and individual maintenance home health workers and
517	517	15 who also work under the Home Services Program under Section 3
518	518	16 of the Rehabilitation of Persons with Disabilities Act shall
519	519	17 not be considered public employees for any purposes not
520	520	18 specifically provided for in Public Act 93-204 or Public Act
521	521	19 97-1158, including, but not limited to, purposes of vicarious
522	522	20 liability in tort and purposes of statutory retirement or
523	523	21 health insurance benefits. Home care and home health workers
524	524	22 who function as personal assistants and individual maintenance
525	525	23 home health workers and who also work under the Home Services
526	526	24 Program under Section 3 of the Rehabilitation of Persons with
527	527	25 Disabilities Act shall not be covered by the State Employees
528	528	26 Group Insurance Act of 1971.
529	529
530	530
531	531
532	532
533	533
534	534	SB2410 - 14 - LRB103 27496 DTM 53870 b
535	535
536	536
537	537	SB2410- 15 -LRB103 27496 DTM 53870 b SB2410 - 15 - LRB103 27496 DTM 53870 b
538	538	SB2410 - 15 - LRB103 27496 DTM 53870 b
539	539	1 Child and day care home providers shall not be considered
540	540	2 public employees for any purposes not specifically provided
541	541	3 for in Public Act 94-320, including, but not limited to,
542	542	4 purposes of vicarious liability in tort and purposes of
543	543	5 statutory retirement or health insurance benefits. Child and
544	544	6 day care home providers shall not be covered by the State
545	545	7 Employees Group Insurance Act of 1971.
546	546	8 Notwithstanding Section 9, subsection (c), or any other
547	547	9 provisions of this Act, all peace officers above the rank of
548	548	10 captain in municipalities with more than 1,000,000 inhabitants
549	549	11 shall be excluded from this Act.
550	550	12 (o) Except as otherwise in subsection (o-5), "public
551	551	13 employer" or "employer" means the State of Illinois; any
552	552	14 political subdivision of the State, unit of local government
553	553	15 or school district; authorities including departments,
554	554	16 divisions, bureaus, boards, commissions, or other agencies of
555	555	17 the foregoing entities; and any person acting within the scope
556	556	18 of his or her authority, express or implied, on behalf of those
557	557	19 entities in dealing with its employees. As of July 16, 2003
558	558	20 (the effective date of Public Act 93-204), but not before, the
559	559	21 State of Illinois shall be considered the employer of the
560	560	22 personal assistants working under the Home Services Program
561	561	23 under Section 3 of the Rehabilitation of Persons with
562	562	24 Disabilities Act, subject to the limitations set forth in this
563	563	25 Act and in the Rehabilitation of Persons with Disabilities
564	564	26 Act. As of January 29, 2013 (the effective date of Public Act
565	565
566	566
567	567
568	568
569	569
570	570	SB2410 - 15 - LRB103 27496 DTM 53870 b
571	571
572	572
573	573	SB2410- 16 -LRB103 27496 DTM 53870 b SB2410 - 16 - LRB103 27496 DTM 53870 b
574	574	SB2410 - 16 - LRB103 27496 DTM 53870 b
575	575	1 97-1158), but not before except as otherwise provided in this
576	576	2 subsection (o), the State shall be considered the employer of
577	577	3 home care and home health workers who function as personal
578	578	4 assistants and individual maintenance home health workers and
579	579	5 who also work under the Home Services Program under Section 3
580	580	6 of the Rehabilitation of Persons with Disabilities Act, no
581	581	7 matter whether the State provides those services through
582	582	8 direct fee-for-service arrangements, with the assistance of a
583	583	9 managed care organization or other intermediary, or otherwise,
584	584	10 but subject to the limitations set forth in this Act and the
585	585	11 Rehabilitation of Persons with Disabilities Act. The State
586	586	12 shall not be considered to be the employer of home care and
587	587	13 home health workers who function as personal assistants and
588	588	14 individual maintenance home health workers and who also work
589	589	15 under the Home Services Program under Section 3 of the
590	590	16 Rehabilitation of Persons with Disabilities Act, for any
591	591	17 purposes not specifically provided for in Public Act 93-204 or
592	592	18 Public Act 97-1158, including but not limited to, purposes of
593	593	19 vicarious liability in tort and purposes of statutory
594	594	20 retirement or health insurance benefits. Home care and home
595	595	21 health workers who function as personal assistants and
596	596	22 individual maintenance home health workers and who also work
597	597	23 under the Home Services Program under Section 3 of the
598	598	24 Rehabilitation of Persons with Disabilities Act shall not be
599	599	25 covered by the State Employees Group Insurance Act of 1971. As
600	600	26 of January 1, 2006 (the effective date of Public Act 94-320),
601	601
602	602
603	603
604	604
605	605
606	606	SB2410 - 16 - LRB103 27496 DTM 53870 b
607	607
608	608
609	609	SB2410- 17 -LRB103 27496 DTM 53870 b SB2410 - 17 - LRB103 27496 DTM 53870 b
610	610	SB2410 - 17 - LRB103 27496 DTM 53870 b
611	611	1 but not before, the State of Illinois shall be considered the
612	612	2 employer of the day and child care home providers
613	613	3 participating in the child care assistance program under
614	614	4 Section 9A-11 of the Illinois Public Aid Code, subject to the
615	615	5 limitations set forth in this Act and in Section 9A-11 of the
616	616	6 Illinois Public Aid Code. The State shall not be considered to
617	617	7 be the employer of child and day care home providers for any
618	618	8 purposes not specifically provided for in Public Act 94-320,
619	619	9 including, but not limited to, purposes of vicarious liability
620	620	10 in tort and purposes of statutory retirement or health
621	621	11 insurance benefits. Child and day care home providers shall
622	622	12 not be covered by the State Employees Group Insurance Act of
623	623	13 1971.
624	624	14 "Public employer" or "employer" as used in this Act,
625	625	15 however, does not mean and shall not include the General
626	626	16 Assembly of the State of Illinois, the Executive Ethics
627	627	17 Commission, the Offices of the Executive Inspectors General,
628	628	18 the Legislative Ethics Commission, the Office of the
629	629	19 Legislative Inspector General, the Office of the Auditor
630	630	20 General's Inspector General, the Office of the Governor, the
631	631	21 Governor's Office of Management and Budget, the Illinois
632	632	22 Finance Authority, the Office of the Lieutenant Governor, the
633	633	23 State Board of Elections, and educational employers or
634	634	24 employers as defined in the Illinois Educational Labor
635	635	25 Relations Act, except with respect to a state university in
636	636	26 its employment of firefighters and peace officers and except
637	637
638	638
639	639
640	640
641	641
642	642	SB2410 - 17 - LRB103 27496 DTM 53870 b
643	643
644	644
645	645	SB2410- 18 -LRB103 27496 DTM 53870 b SB2410 - 18 - LRB103 27496 DTM 53870 b
646	646	SB2410 - 18 - LRB103 27496 DTM 53870 b
647	647	1 with respect to a school district in the employment of peace
648	648	2 officers in its own police department in existence on July 23,
649	649	3 2010 (the effective date of Public Act 96-1257). County boards
650	650	4 and county sheriffs shall be designated as joint or
651	651	5 co-employers of county peace officers appointed under the
652	652	6 authority of a county sheriff. Nothing in this subsection (o)
653	653	7 shall be construed to prevent the State Panel or the Local
654	654	8 Panel from determining that employers are joint or
655	655	9 co-employers.
656	656	10 (o-5) With respect to wages, fringe benefits, hours,
657	657	11 holidays, vacations, proficiency examinations, sick leave, and
658	658	12 other conditions of employment, the public employer of public
659	659	13 employees who are court reporters, as defined in the Court
660	660	14 Reporters Act, shall be determined as follows:
661	661	15 (1) For court reporters employed by the Cook County
662	662	16 Judicial Circuit, the chief judge of the Cook County
663	663	17 Circuit Court is the public employer and employer
664	664	18 representative.
665	665	19 (2) For court reporters employed by the 12th, 18th,
666	666	20 19th, and, on and after December 4, 2006, the 22nd
667	667	21 judicial circuits, a group consisting of the chief judges
668	668	22 of those circuits, acting jointly by majority vote, is the
669	669	23 public employer and employer representative.
670	670	24 (3) For court reporters employed by all other judicial
671	671	25 circuits, a group consisting of the chief judges of those
672	672	26 circuits, acting jointly by majority vote, is the public
673	673
674	674
675	675
676	676
677	677
678	678	SB2410 - 18 - LRB103 27496 DTM 53870 b
679	679
680	680
681	681	SB2410- 19 -LRB103 27496 DTM 53870 b SB2410 - 19 - LRB103 27496 DTM 53870 b
682	682	SB2410 - 19 - LRB103 27496 DTM 53870 b
683	683	1 employer and employer representative.
684	684	2 (p) "Security employee" means an employee who is
685	685	3 responsible for the supervision and control of inmates at
686	686	4 correctional facilities. The term also includes other
687	687	5 non-security employees in bargaining units having the majority
688	688	6 of employees being responsible for the supervision and control
689	689	7 of inmates at correctional facilities.
690	690	8 (q) "Short-term employee" means an employee who is
691	691	9 employed for less than 2 consecutive calendar quarters during
692	692	10 a calendar year and who does not have a reasonable assurance
693	693	11 that he or she will be rehired by the same employer for the
694	694	12 same service in a subsequent calendar year.
695	695	13 (q-5) "State agency" means an agency directly responsible
696	696	14 to the Governor, as defined in Section 3.1 of the Executive
697	697	15 Reorganization Implementation Act, and the Illinois Commerce
698	698	16 Commission, the Illinois Workers' Compensation Commission, the
699	699	17 Civil Service Commission, the Pollution Control Board, the
700	700	18 Illinois Racing Board, and the Illinois State Police Merit
701	701	19 Board.
702	702	20 (r) "Supervisor" is:
703	703	21 (1) An employee whose principal work is substantially
704	704	22 different from that of his or her subordinates and who has
705	705	23 authority, in the interest of the employer, to hire,
706	706	24 transfer, suspend, lay off, recall, promote, discharge,
707	707	25 direct, reward, or discipline employees, to adjust their
708	708	26 grievances, or to effectively recommend any of those
709	709
710	710
711	711
712	712
713	713
714	714	SB2410 - 19 - LRB103 27496 DTM 53870 b
715	715
716	716
717	717	SB2410- 20 -LRB103 27496 DTM 53870 b SB2410 - 20 - LRB103 27496 DTM 53870 b
718	718	SB2410 - 20 - LRB103 27496 DTM 53870 b
719	719	1 actions without independent review by others, if the
720	720	2 exercise of that authority is not of a merely routine or
721	721	3 clerical nature, but requires the consistent use of
722	722	4 independent judgment on behalf of the employer. The
723	723	5 authority to assign is not an indication of supervisory
724	724	6 status. Except with respect to police employment, the term
725	725	7 "supervisor" includes only those individuals who devote a
726	726	8 majority preponderance of their employment time to the
727	727	9 actual exercise of exercising that authority, State
728	728	10 supervisors notwithstanding. Determinations of supervisor
729	729	11 status shall be based on actual employee job duties and
730	730	12 not solely on written job descriptions. Nothing in this
731	731	13 definition prohibits an individual from also meeting the
732	732	14 definition of "managerial employee" under subsection (j)
733	733	15 of this Section. In addition, in determining supervisory
734	734	16 status in police employment, rank shall not be
735	735	17 determinative. The Board shall consider, as evidence of
736	736	18 bargaining unit inclusion or exclusion, the common law
737	737	19 enforcement policies and relationships between police
738	738	20 officer ranks and certification under applicable civil
739	739	21 service law, ordinances, personnel codes, or Division 2.1
740	740	22 of Article 10 of the Illinois Municipal Code, but these
741	741	23 factors shall not be the sole or predominant factors
742	742	24 considered by the Board in determining police supervisory
743	743	25 status. Subject to the following provisions of this
744	744	26 subsection (r), the definition of "supervisor" in this
745	745
746	746
747	747
748	748
749	749
750	750	SB2410 - 20 - LRB103 27496 DTM 53870 b
751	751
752	752
753	753	SB2410- 21 -LRB103 27496 DTM 53870 b SB2410 - 21 - LRB103 27496 DTM 53870 b
754	754	SB2410 - 21 - LRB103 27496 DTM 53870 b
755	755	1 subsection applies to all public employees.
756	756	2 Notwithstanding the provisions of the preceding
757	757	3 paragraph, in determining supervisory status in fire
758	758	4 fighter employment, no fire fighter shall be excluded as a
759	759	5 supervisor who has established representation rights under
760	760	6 Section 9 of this Act. Further, in fire fighter units,
761	761	7 employees shall consist of fire fighters of the highest
762	762	8 rank of company officer and below. A company officer may
763	763	9 be responsible for multiple companies or apparatus on a
764	764	10 shift, multiple stations, or an entire shift. There may be
765	765	11 more than one company officer per shift. If a company
766	766	12 officer otherwise qualifies as a supervisor under the
767	767	13 preceding paragraph, however, he or she shall not be
768	768	14 included in the fire fighter unit. If there is no rank
769	769	15 between that of chief and the highest company officer, the
770	770	16 employer may designate a position on each shift as a Shift
771	771	17 Commander, and the persons occupying those positions shall
772	772	18 be supervisors. All other ranks above that of the highest
773	773	19 company officer shall be supervisors.
774	774	20 (2) With respect only to State employees in positions
775	775	21 under the jurisdiction of the Attorney General, Secretary
776	776	22 of State, Comptroller, or Treasurer (i) that were
777	777	23 certified in a bargaining unit on or after December 2,
778	778	24 2008, (ii) for which a petition is filed with the Illinois
779	779	25 Public Labor Relations Board on or after April 5, 2013
780	780	26 (the effective date of Public Act 97-1172), or (iii) for
781	781
782	782
783	783
784	784
785	785
786	786	SB2410 - 21 - LRB103 27496 DTM 53870 b
787	787
788	788
789	789	SB2410- 22 -LRB103 27496 DTM 53870 b SB2410 - 22 - LRB103 27496 DTM 53870 b
790	790	SB2410 - 22 - LRB103 27496 DTM 53870 b
791	791	1 which a petition is pending before the Illinois Public
792	792	2 Labor Relations Board on that date, an employee who
793	793	3 qualifies as a supervisor under (A) Section 152 of the
794	794	4 National Labor Relations Act and (B) orders of the
795	795	5 National Labor Relations Board interpreting that provision
796	796	6 or decisions of courts reviewing decisions of the National
797	797	7 Labor Relations Board.
798	798	8 (s)(1) "Unit" means a class of jobs or positions that are
799	799	9 held by employees whose collective interests may suitably be
800	800	10 represented by a labor organization for collective bargaining.
801	801	11 Except with respect to non-State fire fighters and paramedics
802	802	12 employed by fire departments and fire protection districts,
803	803	13 non-State peace officers, and peace officers in the Illinois
804	804	14 State Police, a bargaining unit determined by the Board shall
805	805	15 not include both employees and supervisors, or supervisors
806	806	16 only, except as provided in paragraph (2) of this subsection
807	807	17 (s) and except for bargaining units in existence on July 1,
808	808	18 1984 (the effective date of this Act). With respect to
809	809	19 non-State fire fighters and paramedics employed by fire
810	810	20 departments and fire protection districts, non-State peace
811	811	21 officers, and peace officers in the Illinois State Police, a
812	812	22 bargaining unit determined by the Board shall not include both
813	813	23 supervisors and nonsupervisors, or supervisors only, except as
814	814	24 provided in paragraph (2) of this subsection (s) and except
815	815	25 for bargaining units in existence on January 1, 1986 (the
816	816	26 effective date of this amendatory Act of 1985). A bargaining
817	817
818	818
819	819
820	820
821	821
822	822	SB2410 - 22 - LRB103 27496 DTM 53870 b
823	823
824	824
825	825	SB2410- 23 -LRB103 27496 DTM 53870 b SB2410 - 23 - LRB103 27496 DTM 53870 b
826	826	SB2410 - 23 - LRB103 27496 DTM 53870 b
827	827	1 unit determined by the Board to contain peace officers shall
828	828	2 contain no employees other than peace officers unless
829	829	3 otherwise agreed to by the employer and the labor organization
830	830	4 or labor organizations involved. Notwithstanding any other
831	831	5 provision of this Act, a bargaining unit, including a
832	832	6 historical bargaining unit, containing sworn peace officers of
833	833	7 the Department of Natural Resources (formerly designated the
834	834	8 Department of Conservation) shall contain no employees other
835	835	9 than such sworn peace officers upon the effective date of this
836	836	10 amendatory Act of 1990 or upon the expiration date of any
837	837	11 collective bargaining agreement in effect upon the effective
838	838	12 date of this amendatory Act of 1990 covering both such sworn
839	839	13 peace officers and other employees. A bargaining unit
840	840	14 recognized by the Board on or after the effective date of this
841	841	15 amendatory Act of the 103rd General Assembly shall not, except
842	842	16 as authorized in paragraph (4), include (i) both employees and
843	843	17 managerial employees or (ii) only managerial employees.
844	844	18 (2) Notwithstanding the exclusion of supervisors from
845	845	19 bargaining units as provided in paragraph (1) of this
846	846	20 subsection (s), a public employer may agree to permit its
847	847	21 supervisory employees to form bargaining units and may bargain
848	848	22 with those units. This Act shall apply if the public employer
849	849	23 chooses to bargain under this subsection. Changes to
850	850	24 bargaining units formed under this paragraph (2) shall be made
851	851	25 only in accordance with Section 9.
852	852	26 (3) Public employees who are court reporters, as defined
853	853
854	854
855	855
856	856
857	857
858	858	SB2410 - 23 - LRB103 27496 DTM 53870 b
859	859
860	860
861	861	SB2410- 24 -LRB103 27496 DTM 53870 b SB2410 - 24 - LRB103 27496 DTM 53870 b
862	862	SB2410 - 24 - LRB103 27496 DTM 53870 b
863	863	1 in the Court Reporters Act, shall be divided into 3 units for
864	864	2 collective bargaining purposes. One unit shall be court
865	865	3 reporters employed by the Cook County Judicial Circuit; one
866	866	4 unit shall be court reporters employed by the 12th, 18th,
867	867	5 19th, and, on and after December 4, 2006, the 22nd judicial
868	868	6 circuits; and one unit shall be court reporters employed by
869	869	7 all other judicial circuits.
870	870	8 (4) Notwithstanding the exclusion of managerial employees
871	871	9 from bargaining units as provided in paragraph (1) of this
872	872	10 subsection (s), a public employer may agree to permit its
873	873	11 managerial employees to form bargaining units and may bargain
874	874	12 with those units. This Act shall apply if the public employer
875	875	13 chooses to bargain under this subsection (s). Changes to
876	876	14 bargaining units formed under this paragraph (4) shall be made
877	877	15 only in accordance with Section 9.
878	878	16 (t) "Active petition for certification in a bargaining
879	879	17 unit" means a petition for certification filed with the Board
880	880	18 under one of the following case numbers: S-RC-11-110;
881	881	19 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
882	882	20 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
883	883	21 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
884	884	22 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
885	885	23 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
886	886	24 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
887	887	25 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
888	888	26 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
889	889
890	890
891	891
892	892
893	893
894	894	SB2410 - 24 - LRB103 27496 DTM 53870 b
895	895
896	896
897	897	SB2410- 25 -LRB103 27496 DTM 53870 b SB2410 - 25 - LRB103 27496 DTM 53870 b
898	898	SB2410 - 25 - LRB103 27496 DTM 53870 b
899	899	1 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
900	900	2 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
901	901	3 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
902	902	4 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
903	903	5 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
904	904	6 S-RC-07-100.
905	905	7 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
906	906	8 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)
907	907	9 (5 ILCS 315/9) (from Ch. 48, par. 1609)
908	908	10 Sec. 9. Elections; recognition.
909	909	11 (a) Whenever in accordance with such regulations as may be
910	910	12 prescribed by the Board a petition has been filed:
911	911	13 (1) by a public employee or group of public employees
912	912	14 or any labor organization acting in their behalf
913	913	15 demonstrating that 30% of the public employees in an
914	914	16 appropriate unit (A) wish to be represented for the
915	915	17 purposes of collective bargaining by a labor organization
916	916	18 as exclusive representative, or (B) asserting that the
917	917	19 labor organization which has been certified or is
918	918	20 currently recognized by the public employer as bargaining
919	919	21 representative is no longer the representative of the
920	920	22 majority of public employees in the unit; or
921	921	23 (2) by a public employer alleging that one or more
922	922	24 labor organizations have presented to it a claim that they
923	923	25 be recognized as the representative of a majority of the
924	924
925	925
926	926
927	927
928	928
929	929	SB2410 - 25 - LRB103 27496 DTM 53870 b
930	930
931	931
932	932	SB2410- 26 -LRB103 27496 DTM 53870 b SB2410 - 26 - LRB103 27496 DTM 53870 b
933	933	SB2410 - 26 - LRB103 27496 DTM 53870 b
934	934	1 public employees in an appropriate unit, the Board shall
935	935	2 investigate such petition, and if it has reasonable cause
936	936	3 to believe that a question of representation exists, shall
937	937	4 provide for an appropriate hearing upon due notice. Such
938	938	5 hearing shall be held at the offices of the Board or such
939	939	6 other location as the Board deems appropriate. If it finds
940	940	7 upon the record of the hearing that a question of
941	941	8 representation exists, it shall direct an election in
942	942	9 accordance with subsection (d) of this Section, which
943	943	10 election shall be held not later than 120 days after the
944	944	11 date the petition was filed regardless of whether that
945	945	12 petition was filed before or after July 1, 1988 (the
946	946	13 effective date of Public Act 85-924); provided, however,
947	947	14 the Board may extend the time for holding an election by an
948	948	15 additional 60 days if, upon motion by a person who has
949	949	16 filed a petition under this Section or is the subject of a
950	950	17 petition filed under this Section and is a party to such
951	951	18 hearing, or upon the Board's own motion, the Board finds
952	952	19 that good cause has been shown for extending the election
953	953	20 date; provided further, that nothing in this Section shall
954	954	21 prohibit the Board, in its discretion, from extending the
955	955	22 time for holding an election for so long as may be
956	956	23 necessary under the circumstances, where the purpose for
957	957	24 such extension is to permit resolution by the Board of an
958	958	25 unfair labor practice charge filed by one of the parties
959	959	26 to a representational proceeding against the other based
960	960
961	961
962	962
963	963
964	964
965	965	SB2410 - 26 - LRB103 27496 DTM 53870 b
966	966
967	967
968	968	SB2410- 27 -LRB103 27496 DTM 53870 b SB2410 - 27 - LRB103 27496 DTM 53870 b
969	969	SB2410 - 27 - LRB103 27496 DTM 53870 b
970	970	1 upon conduct which may either affect the existence of a
971	971	2 question concerning representation or have a tendency to
972	972	3 interfere with a fair and free election, where the party
973	973	4 filing the charge has not filed a request to proceed with
974	974	5 the election; and provided further that prior to the
975	975	6 expiration of the total time allotted for holding an
976	976	7 election, a person who has filed a petition under this
977	977	8 Section or is the subject of a petition filed under this
978	978	9 Section and is a party to such hearing or the Board, may
979	979	10 move for and obtain the entry of an order in the circuit
980	980	11 court of the county in which the majority of the public
981	981	12 employees sought to be represented by such person reside,
982	982	13 such order extending the date upon which the election
983	983	14 shall be held. Such order shall be issued by the circuit
984	984	15 court only upon a judicial finding that there has been a
985	985	16 sufficient showing that there is good cause to extend the
986	986	17 election date beyond such period and shall require the
987	987	18 Board to hold the election as soon as is feasible given the
988	988	19 totality of the circumstances. Such 120-day period may be
989	989	20 extended one or more times by the agreement of all parties
990	990	21 to the hearing to a date certain without the necessity of
991	991	22 obtaining a court order. The showing of interest in
992	992	23 support of a petition filed under paragraph (1) of this
993	993	24 subsection (a) may be evidenced by electronic
994	994	25 communications, and such writing or communication may be
995	995	26 evidenced by the electronic signature of the employee as
996	996
997	997
998	998
999	999
1000	1000
1001	1001	SB2410 - 27 - LRB103 27496 DTM 53870 b
1002	1002
1003	1003
1004	1004	SB2410- 28 -LRB103 27496 DTM 53870 b SB2410 - 28 - LRB103 27496 DTM 53870 b
1005	1005	SB2410 - 28 - LRB103 27496 DTM 53870 b
1006	1006	1 provided under Section 5-120 of the Electronic Commerce
1007	1007	2 Security Act. The showing of interest shall be valid only
1008	1008	3 if signed within 12 months prior to the filing of the
1009	1009	4 petition. Nothing in this Section prohibits the waiving of
1010	1010	5 hearings by stipulation for the purpose of a consent
1011	1011	6 election in conformity with the rules and regulations of
1012	1012	7 the Board or an election in a unit agreed upon by the
1013	1013	8 parties. Other interested employee organizations may
1014	1014	9 intervene in the proceedings in the manner and within the
1015	1015	10 time period specified by rules and regulations of the
1016	1016	11 Board. Interested parties who are necessary to the
1017	1017	12 proceedings may also intervene in the proceedings in the
1018	1018	13 manner and within the time period specified by the rules
1019	1019	14 and regulations of the Board.
1020	1020	15 (a-5) The Board shall designate an exclusive
1021	1021	16 representative for purposes of collective bargaining when the
1022	1022	17 representative demonstrates a showing of majority interest by
1023	1023	18 employees in the unit. If the parties to a dispute are without
1024	1024	19 agreement on the means to ascertain the choice, if any, of
1025	1025	20 employee organization as their representative, the Board shall
1026	1026	21 ascertain the employees' choice of employee organization, on
1027	1027	22 the basis of dues deduction authorization or other evidence,
1028	1028	23 or, if necessary, by conducting an election. The showing of
1029	1029	24 interest in support of a petition filed under this subsection
1030	1030	25 (a-5) may be evidenced by electronic communications, and such
1031	1031	26 writing or communication may be evidenced by the electronic
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	SB2410 - 28 - LRB103 27496 DTM 53870 b
1038	1038
1039	1039
1040	1040	SB2410- 29 -LRB103 27496 DTM 53870 b SB2410 - 29 - LRB103 27496 DTM 53870 b
1041	1041	SB2410 - 29 - LRB103 27496 DTM 53870 b
1042	1042	1 signature of the employee as provided under Section 5-120 of
1043	1043	2 the Electronic Commerce Security Act. The showing of interest
1044	1044	3 shall be valid only if signed within 12 months prior to the
1045	1045	4 filing of the petition. All evidence submitted by an employee
1046	1046	5 organization to the Board to ascertain an employee's choice of
1047	1047	6 an employee organization is confidential and shall not be
1048	1048	7 submitted to the employer for review. The Board shall
1049	1049	8 ascertain the employee's choice of employee organization
1050	1050	9 within 120 days after the filing of the majority interest
1051	1051	10 petition; however, the Board may extend time by an additional
1052	1052	11 60 days, upon its own motion or upon the motion of a party to
1053	1053	12 the proceeding. If either party provides to the Board, before
1054	1054	13 the designation of a representative, clear and convincing
1055	1055	14 evidence that the dues deduction authorizations, and other
1056	1056	15 evidence upon which the Board would otherwise rely to
1057	1057	16 ascertain the employees' choice of representative, are
1058	1058	17 fraudulent or were obtained through coercion, the Board shall
1059	1059	18 promptly thereafter conduct an election. The Board shall also
1060	1060	19 investigate and consider a party's allegations that the dues
1061	1061	20 deduction authorizations and other evidence submitted in
1062	1062	21 support of a designation of representative without an election
1063	1063	22 were subsequently changed, altered, withdrawn, or withheld as
1064	1064	23 a result of employer fraud, coercion, or any other unfair
1065	1065	24 labor practice by the employer. If the Board determines that a
1066	1066	25 labor organization would have had a majority interest but for
1067	1067	26 an employer's fraud, coercion, or unfair labor practice, it
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073	SB2410 - 29 - LRB103 27496 DTM 53870 b
1074	1074
1075	1075
1076	1076	SB2410- 30 -LRB103 27496 DTM 53870 b SB2410 - 30 - LRB103 27496 DTM 53870 b
1077	1077	SB2410 - 30 - LRB103 27496 DTM 53870 b
1078	1078	1 shall designate the labor organization as an exclusive
1079	1079	2 representative without conducting an election. If a hearing is
1080	1080	3 necessary to resolve any issues of representation under this
1081	1081	4 Section, the Board shall conclude its hearing process and
1082	1082	5 issue a certification of the entire appropriate unit not later
1083	1083	6 than 120 days after the date the petition was filed. The
1084	1084	7 120-day period may be extended one or more times by the
1085	1085	8 agreement of all parties to a hearing to a date certain.
1086	1086	9 (a-6) A labor organization or an employer may file a unit
1087	1087	10 clarification petition seeking to clarify an existing
1088	1088	11 bargaining unit. Unit clarification petitions may be filed if:
1089	1089	12 (1) substantial changes occur in the duties and functions of
1090	1090	13 an existing job title, raising an issue as to the title's unit
1091	1091	14 placement; (2) an existing job title that is logically
1092	1092	15 encompassed within the existing unit was inadvertently
1093	1093	16 excluded by the parties at the time the unit was established;
1094	1094	17 (3) a newly created job title is logically encompassed within
1095	1095	18 an existing unit; (4) a significant change takes place in
1096	1096	19 statutory or case law that affects the bargaining rights of
1097	1097	20 employees; (5) a determination needs to be made as to the unit
1098	1098	21 placement of positions in dispute following a majority
1099	1099	22 interest certification of representative issued under
1100	1100	23 subsection (a-5); (6) a determination needs to be made as to
1101	1101	24 the unit placement of positions in dispute following a
1102	1102	25 certification of representative issued following a direction
1103	1103	26 of election under subsection (d); (7) the parties have agreed
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109	SB2410 - 30 - LRB103 27496 DTM 53870 b
1110	1110
1111	1111
1112	1112	SB2410- 31 -LRB103 27496 DTM 53870 b SB2410 - 31 - LRB103 27496 DTM 53870 b
1113	1113	SB2410 - 31 - LRB103 27496 DTM 53870 b
1114	1114	1 to eliminate a position or title because the employer no
1115	1115	2 longer uses it; (8) the parties have agreed to exclude some of
1116	1116	3 the positions in a title or classification from a bargaining
1117	1117	4 unit and include others; or (9) as prescribed in rules set by
1118	1118	5 the Board. The Board shall conclude its investigation,
1119	1119	6 including any hearing process deemed necessary, and issue a
1120	1120	7 certification of clarified unit or dismiss the petition not
1121	1121	8 later than 120 days after the date the petition was filed. The
1122	1122	9 120-day period may be extended one or more times by the
1123	1123	10 agreement of all parties to a hearing to a date certain.
1124	1124	11 (b) The Board shall decide in each case, in order to assure
1125	1125	12 public employees the fullest freedom in exercising the rights
1126	1126	13 guaranteed by this Act, a unit appropriate for the purpose of
1127	1127	14 collective bargaining, based upon but not limited to such
1128	1128	15 factors as: historical pattern of recognition; community of
1129	1129	16 interest including employee skills and functions; degree of
1130	1130	17 functional integration; interchangeability and contact among
1131	1131	18 employees; fragmentation of employee groups; common
1132	1132	19 supervision, wages, hours and other working conditions of the
1133	1133	20 employees involved; and the desires of the employees. For
1134	1134	21 purposes of this subsection, fragmentation shall not be the
1135	1135	22 sole or predominant factor used by the Board in determining an
1136	1136	23 appropriate bargaining unit. Except with respect to non-State
1137	1137	24 fire fighters and paramedics employed by fire departments and
1138	1138	25 fire protection districts, non-State peace officers and peace
1139	1139	26 officers in the Illinois State Police, a single bargaining
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	SB2410 - 31 - LRB103 27496 DTM 53870 b
1146	1146
1147	1147
1148	1148	SB2410- 32 -LRB103 27496 DTM 53870 b SB2410 - 32 - LRB103 27496 DTM 53870 b
1149	1149	SB2410 - 32 - LRB103 27496 DTM 53870 b
1150	1150	1 unit determined by the Board may not include both supervisors
1151	1151	2 and nonsupervisors, except for bargaining units in existence
1152	1152	3 on the effective date of this Act. With respect to non-State
1153	1153	4 fire fighters and paramedics employed by fire departments and
1154	1154	5 fire protection districts, non-State peace officers and peace
1155	1155	6 officers in the Illinois State Police, a single bargaining
1156	1156	7 unit determined by the Board may not include both supervisors
1157	1157	8 and nonsupervisors, except for bargaining units in existence
1158	1158	9 on January 1, 1986 (the effective date of Public Act 84-1104).
1159	1159	10 In cases involving an historical pattern of recognition,
1160	1160	11 and in cases where the employer has recognized the union as the
1161	1161	12 sole and exclusive bargaining agent for a specified existing
1162	1162	13 unit, the Board shall find the employees in the unit then
1163	1163	14 represented by the union pursuant to the recognition to be the
1164	1164	15 appropriate unit.
1165	1165	16 Notwithstanding the above factors, where the majority of
1166	1166	17 public employees of a craft so decide, the Board shall
1167	1167	18 designate such craft as a unit appropriate for the purposes of
1168	1168	19 collective bargaining.
1169	1169	20 Notwithstanding any rule or provision of law to the
1170	1170	21 contrary, no public employee position shall be excluded from a
1171	1171	22 bargaining unit prior to that position being filled.
1172	1172	23 The Board shall not decide that any unit is appropriate if
1173	1173	24 such unit includes both professional and nonprofessional
1174	1174	25 employees, unless a majority of each group votes for inclusion
1175	1175	26 in such unit.
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	SB2410 - 32 - LRB103 27496 DTM 53870 b
1182	1182
1183	1183
1184	1184	SB2410- 33 -LRB103 27496 DTM 53870 b SB2410 - 33 - LRB103 27496 DTM 53870 b
1185	1185	SB2410 - 33 - LRB103 27496 DTM 53870 b
1186	1186	1 In describing the unit found appropriate for purposes of
1187	1187	2 collective bargaining, the Board shall, at a party's request,
1188	1188	3 describe the unit in terms of job functions rather than by job
1189	1189	4 titles. Unit descriptions may also include those currently
1190	1190	5 existing job titles that perform the job functions. A
1191	1191	6 bargaining unit shall also include positions later filled that
1192	1192	7 perform the job functions of a unit and job titles later
1193	1193	8 created that: (i) are successor job titles to the currently
1194	1194	9 existing job titles; (ii) perform the same or substantially
1195	1195	10 similar job functions as the currently existing job titles; or
1196	1196	11 (iii) are logically encompassed within an existing unit. The
1197	1197	12 provisions of this paragraph shall apply to bargaining units
1198	1198	13 in existence on the effective date of this amendatory Act of
1199	1199	14 the 103rd General Assembly.
1200	1200	15 (c) Nothing in this Act shall interfere with or negate the
1201	1201	16 current representation rights or patterns and practices of
1202	1202	17 labor organizations which have historically represented public
1203	1203	18 employees for the purpose of collective bargaining, including
1204	1204	19 but not limited to the negotiations of wages, hours and
1205	1205	20 working conditions, discussions of employees' grievances,
1206	1206	21 resolution of jurisdictional disputes, or the establishment
1207	1207	22 and maintenance of prevailing wage rates, unless a majority of
1208	1208	23 employees so represented express a contrary desire pursuant to
1209	1209	24 the procedures set forth in this Act.
1210	1210	25 (d) In instances where the employer does not voluntarily
1211	1211	26 recognize a labor organization as the exclusive bargaining
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	SB2410 - 33 - LRB103 27496 DTM 53870 b
1218	1218
1219	1219
1220	1220	SB2410- 34 -LRB103 27496 DTM 53870 b SB2410 - 34 - LRB103 27496 DTM 53870 b
1221	1221	SB2410 - 34 - LRB103 27496 DTM 53870 b
1222	1222	1 representative for a unit of employees, the Board shall
1223	1223	2 determine the majority representative of the public employees
1224	1224	3 in an appropriate collective bargaining unit by conducting a
1225	1225	4 secret ballot election, except as otherwise provided in
1226	1226	5 subsection (a-5). Such a secret ballot election may be
1227	1227	6 conducted electronically, using an electronic voting system,
1228	1228	7 in addition to paper ballot voting systems. Within 7 days
1229	1229	8 after the Board issues its bargaining unit determination and
1230	1230	9 direction of election or the execution of a stipulation for
1231	1231	10 the purpose of a consent election, the public employer shall
1232	1232	11 submit to the labor organization the complete names and
1233	1233	12 addresses of those employees who are determined by the Board
1234	1234	13 to be eligible to participate in the election. When the Board
1235	1235	14 has determined that a labor organization has been fairly and
1236	1236	15 freely chosen by a majority of employees in an appropriate
1237	1237	16 unit, it shall certify such organization as the exclusive
1238	1238	17 representative. If the Board determines that a majority of
1239	1239	18 employees in an appropriate unit has fairly and freely chosen
1240	1240	19 not to be represented by a labor organization, it shall so
1241	1241	20 certify. The Board may also revoke the certification of the
1242	1242	21 public employee organizations as exclusive bargaining
1243	1243	22 representatives which have been found by a secret ballot
1244	1244	23 election to be no longer the majority representative.
1245	1245	24 (e) The Board shall not conduct an election in any
1246	1246	25 bargaining unit or any subdivision thereof within which a
1247	1247	26 valid election has been held in the preceding 12-month period.
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	SB2410 - 34 - LRB103 27496 DTM 53870 b
1254	1254
1255	1255
1256	1256	SB2410- 35 -LRB103 27496 DTM 53870 b SB2410 - 35 - LRB103 27496 DTM 53870 b
1257	1257	SB2410 - 35 - LRB103 27496 DTM 53870 b
1258	1258	1 The Board shall determine who is eligible to vote in an
1259	1259	2 election and shall establish rules governing the conduct of
1260	1260	3 the election or conduct affecting the results of the election.
1261	1261	4 The Board shall include on a ballot in a representation
1262	1262	5 election a choice of "no representation". A labor organization
1263	1263	6 currently representing the bargaining unit of employees shall
1264	1264	7 be placed on the ballot in any representation election. In any
1265	1265	8 election where none of the choices on the ballot receives a
1266	1266	9 majority, a runoff election shall be conducted between the 2
1267	1267	10 choices receiving the largest number of valid votes cast in
1268	1268	11 the election. A labor organization which receives a majority
1269	1269	12 of the votes cast in an election shall be certified by the
1270	1270	13 Board as exclusive representative of all public employees in
1271	1271	14 the unit.
1272	1272	15 (f) A labor organization shall be designated as the
1273	1273	16 exclusive representative by a public employer, provided that
1274	1274	17 the labor organization represents a majority of the public
1275	1275	18 employees in an appropriate unit. Any employee organization
1276	1276	19 which is designated or selected by the majority of public
1277	1277	20 employees, in a unit of the public employer having no other
1278	1278	21 recognized or certified representative, as their
1279	1279	22 representative for purposes of collective bargaining may
1280	1280	23 request recognition by the public employer in writing. The
1281	1281	24 public employer shall post such request for a period of at
1282	1282	25 least 20 days following its receipt thereof on bulletin boards
1283	1283	26 or other places used or reserved for employee notices.
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	SB2410 - 35 - LRB103 27496 DTM 53870 b
1290	1290
1291	1291
1292	1292	SB2410- 36 -LRB103 27496 DTM 53870 b SB2410 - 36 - LRB103 27496 DTM 53870 b
1293	1293	SB2410 - 36 - LRB103 27496 DTM 53870 b
1294	1294	1 (g) Within the 20-day period any other interested employee
1295	1295	2 organization may petition the Board in the manner specified by
1296	1296	3 rules and regulations of the Board, provided that such
1297	1297	4 interested employee organization has been designated by at
1298	1298	5 least 10% of the employees in an appropriate bargaining unit
1299	1299	6 which includes all or some of the employees in the unit
1300	1300	7 recognized by the employer. In such event, the Board shall
1301	1301	8 proceed with the petition in the same manner as provided by
1302	1302	9 paragraph (1) of subsection (a) of this Section.
1303	1303	10 (h) No election shall be directed by the Board in any
1304	1304	11 bargaining unit where there is in force a valid collective
1305	1305	12 bargaining agreement. The Board, however, may process an
1306	1306	13 election petition filed between 90 and 60 days prior to the
1307	1307	14 expiration of the date of an agreement, and may further
1308	1308	15 refine, by rule or decision, the implementation of this
1309	1309	16 provision. Where more than 4 years have elapsed since the
1310	1310	17 effective date of the agreement, the agreement shall continue
1311	1311	18 to bar an election, except that the Board may process an
1312	1312	19 election petition filed between 90 and 60 days prior to the end
1313	1313	20 of the fifth year of such an agreement, and between 90 and 60
1314	1314	21 days prior to the end of each successive year of such
1315	1315	22 agreement.
1316	1316	23 (i) An order of the Board dismissing a representation
1317	1317	24 petition, determining and certifying that a labor organization
1318	1318	25 has been fairly and freely chosen by a majority of employees in
1319	1319	26 an appropriate bargaining unit, determining and certifying
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	SB2410 - 36 - LRB103 27496 DTM 53870 b
1326	1326
1327	1327
1328	1328	SB2410- 37 -LRB103 27496 DTM 53870 b SB2410 - 37 - LRB103 27496 DTM 53870 b
1329	1329	SB2410 - 37 - LRB103 27496 DTM 53870 b
1330	1330	1 that a labor organization has not been fairly and freely
1331	1331	2 chosen by a majority of employees in the bargaining unit or
1332	1332	3 certifying a labor organization as the exclusive
1333	1333	4 representative of employees in an appropriate bargaining unit
1334	1334	5 because of a determination by the Board that the labor
1335	1335	6 organization is the historical bargaining representative of
1336	1336	7 employees in the bargaining unit, is a final order. Any person
1337	1337	8 aggrieved by any such order issued on or after July 1, 1988
1338	1338	9 (the effective date of Public Act 85-924) may apply for and
1339	1339	10 obtain judicial review in accordance with provisions of the
1340	1340	11 Administrative Review Law, as now or hereafter amended, except
1341	1341	12 that such review shall be afforded directly in the Appellate
1342	1342	13 Court for the district in which the aggrieved party resides or
1343	1343	14 transacts business. Any direct appeal to the Appellate Court
1344	1344	15 shall be filed within 35 days from the date that a copy of the
1345	1345	16 decision sought to be reviewed was served upon the party
1346	1346	17 affected by the decision.
1347	1347	18 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
1348	1348	19 102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	SB2410 - 37 - LRB103 27496 DTM 53870 b