Bill Text: IL HB0123 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating for exclusion from collective bargaining public employees who are classified as or who hold certain titles and (ii) to specify that public employees who are classified as or who hold those titles qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0123 Detail]

Download: Illinois-2013-HB0123-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0123

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/6.1

Provides that if and only if Senate Bill 1556, as passed by the 97th General Assembly, becomes law, the Illinois Public Labor Relations Act is amended (i) to prohibit the Governor from designating for exclusion from collective bargaining public employees who are classified as or who hold certain titles and (ii) to specify that public employees who are classified as or who hold those titles qualify as public employees for purposes of the Act. Effective upon becoming law or on the effective date of Senate Bill 1556 of the 97th General Assembly, whichever is later.
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A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. If and only if Senate Bill 1556, as passed by
5the 97th General Assembly, becomes law, the Illinois Public
6Labor Relations Act is amended by changing Sections 3 and 6.1
7as follows:
8 (5 ILCS 315/3) (from Ch. 48, par. 1603)
9 Sec. 3. Definitions. As used in this Act, unless the
10context otherwise requires:
11 (a) "Board" means the Illinois Labor Relations Board or,
12with respect to a matter over which the jurisdiction of the
13Board is assigned to the State Panel or the Local Panel under
14Section 5, the panel having jurisdiction over the matter.
15 (b) "Collective bargaining" means bargaining over terms
16and conditions of employment, including hours, wages, and other
17conditions of employment, as detailed in Section 7 and which
18are not excluded by Section 4.
19 (c) "Confidential employee" means an employee who, in the
20regular course of his or her duties, assists and acts in a
21confidential capacity to persons who formulate, determine, and
22effectuate management policies with regard to labor relations
23or who, in the regular course of his or her duties, has

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1authorized access to information relating to the effectuation
2or review of the employer's collective bargaining policies.
3 (d) "Craft employees" means skilled journeymen, crafts
4persons, and their apprentices and helpers.
5 (e) "Essential services employees" means those public
6employees performing functions so essential that the
7interruption or termination of the function will constitute a
8clear and present danger to the health and safety of the
9persons in the affected community.
10 (f) "Exclusive representative", except with respect to
11non-State fire fighters and paramedics employed by fire
12departments and fire protection districts, non-State peace
13officers, and peace officers in the Department of State Police,
14means the labor organization that has been (i) designated by
15the Board as the representative of a majority of public
16employees in an appropriate bargaining unit in accordance with
17the procedures contained in this Act, (ii) historically
18recognized by the State of Illinois or any political
19subdivision of the State before July 1, 1984 (the effective
20date of this Act) as the exclusive representative of the
21employees in an appropriate bargaining unit, (iii) after July
221, 1984 (the effective date of this Act) recognized by an
23employer upon evidence, acceptable to the Board, that the labor
24organization has been designated as the exclusive
25representative by a majority of the employees in an appropriate
26bargaining unit; (iv) recognized as the exclusive

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1representative of personal care attendants or personal
2assistants under Executive Order 2003-8 prior to the effective
3date of this amendatory Act of the 93rd General Assembly, and
4the organization shall be considered to be the exclusive
5representative of the personal care attendants or personal
6assistants as defined in this Section; or (v) recognized as the
7exclusive representative of child and day care home providers,
8including licensed and license exempt providers, pursuant to an
9election held under Executive Order 2005-1 prior to the
10effective date of this amendatory Act of the 94th General
11Assembly, and the organization shall be considered to be the
12exclusive representative of the child and day care home
13providers as defined in this Section.
14 With respect to non-State fire fighters and paramedics
15employed by fire departments and fire protection districts,
16non-State peace officers, and peace officers in the Department
17of State Police, "exclusive representative" means the labor
18organization that has been (i) designated by the Board as the
19representative of a majority of peace officers or fire fighters
20in an appropriate bargaining unit in accordance with the
21procedures contained in this Act, (ii) historically recognized
22by the State of Illinois or any political subdivision of the
23State before January 1, 1986 (the effective date of this
24amendatory Act of 1985) as the exclusive representative by a
25majority of the peace officers or fire fighters in an
26appropriate bargaining unit, or (iii) after January 1, 1986

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1(the effective date of this amendatory Act of 1985) recognized
2by an employer upon evidence, acceptable to the Board, that the
3labor organization has been designated as the exclusive
4representative by a majority of the peace officers or fire
5fighters in an appropriate bargaining unit.
6 (g) "Fair share agreement" means an agreement between the
7employer and an employee organization under which all or any of
8the employees in a collective bargaining unit are required to
9pay their proportionate share of the costs of the collective
10bargaining process, contract administration, and pursuing
11matters affecting wages, hours, and other conditions of
12employment, but not to exceed the amount of dues uniformly
13required of members. The amount certified by the exclusive
14representative shall not include any fees for contributions
15related to the election or support of any candidate for
16political office. Nothing in this subsection (g) shall preclude
17an employee from making voluntary political contributions in
18conjunction with his or her fair share payment.
19 (g-1) "Fire fighter" means, for the purposes of this Act
20only, any person who has been or is hereafter appointed to a
21fire department or fire protection district or employed by a
22state university and sworn or commissioned to perform fire
23fighter duties or paramedic duties, except that the following
24persons are not included: part-time fire fighters, auxiliary,
25reserve or voluntary fire fighters, including paid on-call fire
26fighters, clerks and dispatchers or other civilian employees of

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1a fire department or fire protection district who are not
2routinely expected to perform fire fighter duties, or elected
3officials.
4 (g-2) "General Assembly of the State of Illinois" means the
5legislative branch of the government of the State of Illinois,
6as provided for under Article IV of the Constitution of the
7State of Illinois, and includes but is not limited to the House
8of Representatives, the Senate, the Speaker of the House of
9Representatives, the Minority Leader of the House of
10Representatives, the President of the Senate, the Minority
11Leader of the Senate, the Joint Committee on Legislative
12Support Services and any legislative support services agency
13listed in the Legislative Commission Reorganization Act of
141984.
15 (h) "Governing body" means, in the case of the State, the
16State Panel of the Illinois Labor Relations Board, the Director
17of the Department of Central Management Services, and the
18Director of the Department of Labor; the county board in the
19case of a county; the corporate authorities in the case of a
20municipality; and the appropriate body authorized to provide
21for expenditures of its funds in the case of any other unit of
22government.
23 (i) "Labor organization" means any organization in which
24public employees participate and that exists for the purpose,
25in whole or in part, of dealing with a public employer
26concerning wages, hours, and other terms and conditions of

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1employment, including the settlement of grievances.
2 (i-5) "Legislative liaison" means a person who is an
3employee of a State agency, the Attorney General, the Secretary
4of State, the Comptroller, or the Treasurer, as the case may
5be, and whose job duties require the person to regularly
6communicate in the course of his or her employment with any
7official or staff of the General Assembly of the State of
8Illinois for the purpose of influencing any legislative action.
9 (j) "Managerial employee" means an individual who is
10engaged predominantly in executive and management functions
11and is charged with the responsibility of directing the
12effectuation of management policies and practices. With
13respect only to State employees in positions under the
14jurisdiction of the Attorney General, Secretary of State,
15Comptroller, or Treasurer (i) that were certified in a
16bargaining unit on or after December 2, 2008, (ii) for which a
17petition is filed with the Illinois Public Labor Relations
18Board on or after the effective date of this amendatory Act of
19the 97th General Assembly, or (iii) for which a petition is
20pending before the Illinois Public Labor Relations Board on
21that date, "managerial employee" means an individual who is
22engaged in executive and management functions or who is charged
23with the effectuation of management policies and practices or
24who represents management interests by taking or recommending
25discretionary actions that effectively control or implement
26policy. Nothing in this definition prohibits an individual from

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1also meeting the definition "supervisor" under subsection (r)
2of this Section.
3 (k) "Peace officer" means, for the purposes of this Act
4only, any persons who have been or are hereafter appointed to a
5police force, department, or agency and sworn or commissioned
6to perform police duties, except that the following persons are
7not included: part-time police officers, special police
8officers, auxiliary police as defined by Section 3.1-30-20 of
9the Illinois Municipal Code, night watchmen, "merchant
10police", court security officers as defined by Section 3-6012.1
11of the Counties Code, temporary employees, traffic guards or
12wardens, civilian parking meter and parking facilities
13personnel or other individuals specially appointed to aid or
14direct traffic at or near schools or public functions or to aid
15in civil defense or disaster, parking enforcement employees who
16are not commissioned as peace officers and who are not armed
17and who are not routinely expected to effect arrests, parking
18lot attendants, clerks and dispatchers or other civilian
19employees of a police department who are not routinely expected
20to effect arrests, or elected officials.
21 (l) "Person" includes one or more individuals, labor
22organizations, public employees, associations, corporations,
23legal representatives, trustees, trustees in bankruptcy,
24receivers, or the State of Illinois or any political
25subdivision of the State or governing body, but does not
26include the General Assembly of the State of Illinois or any

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1individual employed by the General Assembly of the State of
2Illinois.
3 (m) "Professional employee" means any employee engaged in
4work predominantly intellectual and varied in character rather
5than routine mental, manual, mechanical or physical work;
6involving the consistent exercise of discretion and adjustment
7in its performance; of such a character that the output
8produced or the result accomplished cannot be standardized in
9relation to a given period of time; and requiring advanced
10knowledge in a field of science or learning customarily
11acquired by a prolonged course of specialized intellectual
12instruction and study in an institution of higher learning or a
13hospital, as distinguished from a general academic education or
14from apprenticeship or from training in the performance of
15routine mental, manual, or physical processes; or any employee
16who has completed the courses of specialized intellectual
17instruction and study prescribed in this subsection (m) and is
18performing related work under the supervision of a professional
19person to qualify to become a professional employee as defined
20in this subsection (m).
21 (n) "Public employee" or "employee", for the purposes of
22this Act, means any individual employed by a public employer,
23including (i) interns and residents at public hospitals, (ii)
24as of the effective date of this amendatory Act of the 93rd
25General Assembly, but not before, personal care attendants and
26personal assistants working under the Home Services Program

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1under Section 3 of the Disabled Persons Rehabilitation Act,
2subject to the limitations set forth in this Act and in the
3Disabled Persons Rehabilitation Act, and (iii) as of the
4effective date of this amendatory Act of the 94th General
5Assembly, but not before, child and day care home providers
6participating in the child care assistance program under
7Section 9A-11 of the Illinois Public Aid Code, subject to the
8limitations set forth in this Act and in Section 9A-11 of the
9Illinois Public Aid Code, (iv) beginning on the effective date
10of this amendatory Act of the 98th General Assembly and
11notwithstanding any other provision of this Act, any person
12employed by a public employer and who is classified as or who
13holds the employment title of Chief Stationary Engineer,
14Assistant Chief Stationary Engineer, Sewage Plant Operator,
15Water Plant Operator, Stationary Engineer, or Plant Operating
16Engineer, and (v) beginning on the effective date of this
17amendatory Act of the 98th General Assembly and notwithstanding
18any other provision of this Act, any mental health
19administrator in the Department of Corrections who is
20classified as or who holds the position of Public Service
21Administrator (Option 8K), any attorney in the Department of
22Corrections who is classified as or who holds the position of
23Public Service Administrator (Option 8L), any nuclear safety
24staff attorney in the Illinois Emergency Management Agency, any
25Section Chief, Deputy Lab Director, Research and Development
26Coordinator, Quality Assurance Director, or Assistant Director

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1of Training in the Department of State Police who is classified
2as or who holds the position of Senior Public Service
3Administrator (Option 7), any employee of the Office of the
4Inspector General in the Department of Human Services who is
5classified as or who holds the position of Public Service
6Administrator (Option 7), any Deputy of Intelligence in the
7Department of Corrections who is classified as or who holds the
8position of Public Service Administrator (Option 7), and any
9employee of the Department of State Police who handles issues
10concerning the Illinois State Police Sex Offender Registry and
11who is classified as or holds the position of Public Service
12Administrator (Option 7), but excluding all of the following:
13employees of the General Assembly of the State of Illinois;
14elected officials; executive heads of a department; members of
15boards or commissions; the Executive Inspectors General; any
16special Executive Inspectors General; employees of each Office
17of an Executive Inspector General; commissioners and employees
18of the Executive Ethics Commission; the Auditor General's
19Inspector General; employees of the Office of the Auditor
20General's Inspector General; the Legislative Inspector
21General; any special Legislative Inspectors General; employees
22of the Office of the Legislative Inspector General;
23commissioners and employees of the Legislative Ethics
24Commission; employees of any agency, board or commission
25created by this Act; employees appointed to State positions of
26a temporary or emergency nature; all employees of school

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1districts and higher education institutions except
2firefighters and peace officers employed by a state university
3and except peace officers employed by a school district in its
4own police department in existence on the effective date of
5this amendatory Act of the 96th General Assembly; managerial
6employees; short-term employees; legislative liaisons; a
7person who is a State employee under the jurisdiction of the
8Office of the Attorney General who is licensed to practice law
9or whose position authorizes, either directly or indirectly,
10meaningful input into government decision-making on issues
11where there is room for principled disagreement on goals or
12their implementation; a person who is a State employee under
13the jurisdiction of the Office of the Comptroller who holds the
14position of Public Service Administrator or whose position is
15otherwise exempt under the Comptroller Merit Employment Code; a
16person who is a State employee under the jurisdiction of the
17Secretary of State who holds the position classification of
18Executive I or higher, whose position authorizes, either
19directly or indirectly, meaningful input into government
20decision-making on issues where there is room for principled
21disagreement on goals or their implementation, or who is
22otherwise exempt under the Secretary of State Merit Employment
23Code; employees in the Office of the Secretary of State who are
24completely exempt from jurisdiction B of the Secretary of State
25Merit Employment Code and who are in Rutan-exempt positions on
26or after the effective date of this amendatory Act of the 97th

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1General Assembly; a person who is a State employee under the
2jurisdiction of the Treasurer who holds a position that is
3exempt from the State Treasurer Employment Code; any employee
4of a State agency who (i) holds the title or position of, or
5exercises substantially similar duties as a, legislative
6liaison, Agency General Counsel, Agency Chief of Staff, Agency
7Executive Director, Agency Deputy Director, Agency Chief
8Fiscal Officer, Agency Human Resources Director, Public
9Information Officer, or Chief Information Officer and (ii) was
10neither included in a bargaining unit nor subject to an active
11petition for certification in a bargaining unit; any employee
12of a State agency who (i) is in a position that is
13Rutan-exempt, as designated by the employer, and completely
14exempt from jurisdiction B of the Personnel Code and (ii) was
15neither included in a bargaining unit nor subject to an active
16petition for certification in a bargaining unit; any term
17appointed employee of a State agency pursuant to Section 8b.18
18or 8b.19 of the Personnel Code who was neither included in a
19bargaining unit nor subject to an active petition for
20certification in a bargaining unit; any employment position
21properly designated pursuant to Section 6.1 of this Act;
22confidential employees; independent contractors; and
23supervisors except as provided in this Act.
24 Personal care attendants and personal assistants shall not
25be considered public employees for any purposes not
26specifically provided for in the amendatory Act of the 93rd

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1General Assembly, including but not limited to, purposes of
2vicarious liability in tort and purposes of statutory
3retirement or health insurance benefits. Personal care
4attendants and personal assistants shall not be covered by the
5State Employees Group Insurance Act of 1971 (5 ILCS 375/).
6 Child and day care home providers shall not be considered
7public employees for any purposes not specifically provided for
8in this amendatory Act of the 94th General Assembly, including
9but not limited to, purposes of vicarious liability in tort and
10purposes of statutory retirement or health insurance benefits.
11Child and day care home providers shall not be covered by the
12State Employees Group Insurance Act of 1971.
13 Notwithstanding Section 9, subsection (c), or any other
14provisions of this Act, all peace officers above the rank of
15captain in municipalities with more than 1,000,000 inhabitants
16shall be excluded from this Act.
17 (o) Except as otherwise in subsection (o-5), "public
18employer" or "employer" means the State of Illinois; any
19political subdivision of the State, unit of local government or
20school district; authorities including departments, divisions,
21bureaus, boards, commissions, or other agencies of the
22foregoing entities; and any person acting within the scope of
23his or her authority, express or implied, on behalf of those
24entities in dealing with its employees. As of the effective
25date of the amendatory Act of the 93rd General Assembly, but
26not before, the State of Illinois shall be considered the

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1employer of the personal care attendants and personal
2assistants working under the Home Services Program under
3Section 3 of the Disabled Persons Rehabilitation Act, subject
4to the limitations set forth in this Act and in the Disabled
5Persons Rehabilitation Act. The State shall not be considered
6to be the employer of personal care attendants and personal
7assistants for any purposes not specifically provided for in
8this amendatory Act of the 93rd General Assembly, including but
9not limited to, purposes of vicarious liability in tort and
10purposes of statutory retirement or health insurance benefits.
11Personal care attendants and personal assistants shall not be
12covered by the State Employees Group Insurance Act of 1971 (5
13ILCS 375/). As of the effective date of this amendatory Act of
14the 94th General Assembly but not before, the State of Illinois
15shall be considered the employer of the day and child care home
16providers participating in the child care assistance program
17under Section 9A-11 of the Illinois Public Aid Code, subject to
18the limitations set forth in this Act and in Section 9A-11 of
19the Illinois Public Aid Code. The State shall not be considered
20to be the employer of child and day care home providers for any
21purposes not specifically provided for in this amendatory Act
22of the 94th General Assembly, including but not limited to,
23purposes of vicarious liability in tort and purposes of
24statutory retirement or health insurance benefits. Child and
25day care home providers shall not be covered by the State
26Employees Group Insurance Act of 1971.

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1 "Public employer" or "employer" as used in this Act,
2however, does not mean and shall not include the General
3Assembly of the State of Illinois, the Executive Ethics
4Commission, the Offices of the Executive Inspectors General,
5the Legislative Ethics Commission, the Office of the
6Legislative Inspector General, the Office of the Auditor
7General's Inspector General, the Office of the Governor, the
8Governor's Office of Management and Budget, the Illinois
9Finance Authority, the Office of the Lieutenant Governor, the
10State Board of Elections, and educational employers or
11employers as defined in the Illinois Educational Labor
12Relations Act, except with respect to a state university in its
13employment of firefighters and peace officers and except with
14respect to a school district in the employment of peace
15officers in its own police department in existence on the
16effective date of this amendatory Act of the 96th General
17Assembly. County boards and county sheriffs shall be designated
18as joint or co-employers of county peace officers appointed
19under the authority of a county sheriff. Nothing in this
20subsection (o) shall be construed to prevent the State Panel or
21the Local Panel from determining that employers are joint or
22co-employers.
23 (o-5) With respect to wages, fringe benefits, hours,
24holidays, vacations, proficiency examinations, sick leave, and
25other conditions of employment, the public employer of public
26employees who are court reporters, as defined in the Court

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1Reporters Act, shall be determined as follows:
2 (1) For court reporters employed by the Cook County
3 Judicial Circuit, the chief judge of the Cook County
4 Circuit Court is the public employer and employer
5 representative.
6 (2) For court reporters employed by the 12th, 18th,
7 19th, and, on and after December 4, 2006, the 22nd judicial
8 circuits, a group consisting of the chief judges of those
9 circuits, acting jointly by majority vote, is the public
10 employer and employer representative.
11 (3) For court reporters employed by all other judicial
12 circuits, a group consisting of the chief judges of those
13 circuits, acting jointly by majority vote, is the public
14 employer and employer representative.
15 (p) "Security employee" means an employee who is
16responsible for the supervision and control of inmates at
17correctional facilities. The term also includes other
18non-security employees in bargaining units having the majority
19of employees being responsible for the supervision and control
20of inmates at correctional facilities.
21 (q) "Short-term employee" means an employee who is employed
22for less than 2 consecutive calendar quarters during a calendar
23year and who does not have a reasonable assurance that he or
24she will be rehired by the same employer for the same service
25in a subsequent calendar year.
26 (q-5) "State agency" means an agency directly responsible

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1to the Governor, as defined in Section 3.1 of the Executive
2Reorganization Implementation Act, and the Illinois Commerce
3Commission, the Illinois Workers' Compensation Commission, the
4Civil Service Commission, the Pollution Control Board, the
5Illinois Racing Board, and the Department of State Police Merit
6Board.
7 (r) "Supervisor" is:
8 (1) An employee whose principal work is substantially
9 different from that of his or her subordinates and who has
10 authority, in the interest of the employer, to hire,
11 transfer, suspend, lay off, recall, promote, discharge,
12 direct, reward, or discipline employees, to adjust their
13 grievances, or to effectively recommend any of those
14 actions, if the exercise of that authority is not of a
15 merely routine or clerical nature, but requires the
16 consistent use of independent judgment. Except with
17 respect to police employment, the term "supervisor"
18 includes only those individuals who devote a preponderance
19 of their employment time to exercising that authority,
20 State supervisors notwithstanding. Nothing in this
21 definition prohibits an individual from also meeting the
22 definition of "managerial employee" under subsection (j)
23 of this Section. In addition, in determining supervisory
24 status in police employment, rank shall not be
25 determinative. The Board shall consider, as evidence of
26 bargaining unit inclusion or exclusion, the common law

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1 enforcement policies and relationships between police
2 officer ranks and certification under applicable civil
3 service law, ordinances, personnel codes, or Division 2.1
4 of Article 10 of the Illinois Municipal Code, but these
5 factors shall not be the sole or predominant factors
6 considered by the Board in determining police supervisory
7 status.
8 Notwithstanding the provisions of the preceding
9 paragraph, in determining supervisory status in fire
10 fighter employment, no fire fighter shall be excluded as a
11 supervisor who has established representation rights under
12 Section 9 of this Act. Further, in new fire fighter units,
13 employees shall consist of fire fighters of the rank of
14 company officer and below. If a company officer otherwise
15 qualifies as a supervisor under the preceding paragraph,
16 however, he or she shall not be included in the fire
17 fighter unit. If there is no rank between that of chief and
18 the highest company officer, the employer may designate a
19 position on each shift as a Shift Commander, and the
20 persons occupying those positions shall be supervisors.
21 All other ranks above that of company officer shall be
22 supervisors.
23 (2) With respect only to State employees in positions
24 under the jurisdiction of the Attorney General, Secretary
25 of State, Comptroller, or Treasurer (i) that were certified
26 in a bargaining unit on or after December 2, 2008, (ii) for

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1 which a petition is filed with the Illinois Public Labor
2 Relations Board on or after the effective date of this
3 amendatory Act of the 97th General Assembly, or (iii) for
4 which a petition is pending before the Illinois Public
5 Labor Relations Board on that date, an employee who
6 qualifies as a supervisor under (A) Section 152 of the
7 National Labor Relations Act and (B) orders of the National
8 Labor Relations Board interpreting that provision or
9 decisions of courts reviewing decisions of the National
10 Labor Relations Board.
11 (s) (1) "Unit" means a class of jobs or positions that are
12 held by employees whose collective interests may suitably
13 be represented by a labor organization for collective
14 bargaining. Except with respect to non-State fire fighters
15 and paramedics employed by fire departments and fire
16 protection districts, non-State peace officers, and peace
17 officers in the Department of State Police, a bargaining
18 unit determined by the Board shall not include both
19 employees and supervisors, or supervisors only, except as
20 provided in paragraph (2) of this subsection (s) and except
21 for bargaining units in existence on July 1, 1984 (the
22 effective date of this Act). With respect to non-State fire
23 fighters and paramedics employed by fire departments and
24 fire protection districts, non-State peace officers, and
25 peace officers in the Department of State Police, a
26 bargaining unit determined by the Board shall not include

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1 both supervisors and nonsupervisors, or supervisors only,
2 except as provided in paragraph (2) of this subsection (s)
3 and except for bargaining units in existence on January 1,
4 1986 (the effective date of this amendatory Act of 1985). A
5 bargaining unit determined by the Board to contain peace
6 officers shall contain no employees other than peace
7 officers unless otherwise agreed to by the employer and the
8 labor organization or labor organizations involved.
9 Notwithstanding any other provision of this Act, a
10 bargaining unit, including a historical bargaining unit,
11 containing sworn peace officers of the Department of
12 Natural Resources (formerly designated the Department of
13 Conservation) shall contain no employees other than such
14 sworn peace officers upon the effective date of this
15 amendatory Act of 1990 or upon the expiration date of any
16 collective bargaining agreement in effect upon the
17 effective date of this amendatory Act of 1990 covering both
18 such sworn peace officers and other employees.
19 (2) Notwithstanding the exclusion of supervisors from
20 bargaining units as provided in paragraph (1) of this
21 subsection (s), a public employer may agree to permit its
22 supervisory employees to form bargaining units and may
23 bargain with those units. This Act shall apply if the
24 public employer chooses to bargain under this subsection.
25 (3) Public employees who are court reporters, as
26 defined in the Court Reporters Act, shall be divided into 3

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1 units for collective bargaining purposes. One unit shall be
2 court reporters employed by the Cook County Judicial
3 Circuit; one unit shall be court reporters employed by the
4 12th, 18th, 19th, and, on and after December 4, 2006, the
5 22nd judicial circuits; and one unit shall be court
6 reporters employed by all other judicial circuits.
7 (t) "Active petition for certification in a bargaining
8unit" means a petition for certification filed with the Board
9under one of the following case numbers: S-RC-11-110;
10S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
11S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
12S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
13S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
14S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
15S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
16S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
17S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
18S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
19S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
20S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
21S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
22S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
23S-RC-07-100.
24(Source: P.A. 96-1257, eff. 7-23-10; 09700SB1556ham002.)
25 (5 ILCS 315/6.1)

HB0123- 22 -LRB098 05526 JDS 35561 b
1 Sec. 6.1. Gubernatorial designation of certain public
2employment positions as excluded from collective bargaining.
3 (a) Notwithstanding any provision of this Act to the
4contrary, except subsections (e) and (f) of this Section, the
5Governor is authorized to designate up to 3,580 State
6employment positions collectively within State agencies
7directly responsible to the Governor, and, upon designation,
8those positions and employees in those positions, if any, are
9hereby excluded from the self-organization and collective
10bargaining provisions of Section 6 of this Act. Only those
11employment positions that have been certified in a bargaining
12unit on or after December 2, 2008, that have a pending petition
13for certification in a bargaining unit on the effective date of
14this amendatory Act of the 97th General Assembly, or that
15neither have been certified in a bargaining unit on or after
16December 2, 2008 nor have a pending petition for certification
17in a bargaining unit on the effective date of this amendatory
18Act of the 97th General Assembly are eligible to be designated
19by the Governor under this Section. The Governor may not
20designate under this Section, however, more than 1,900
21employment positions that have been certified in a bargaining
22unit on or after December 2, 2008.
23 (b) In order to properly designate a State employment
24position under this Section, the Governor shall provide in
25writing to the Board: the job title and job duties of the
26employment position; the name of the State employee currently

HB0123- 23 -LRB098 05526 JDS 35561 b
1in the employment position, if any; the name of the State
2agency employing the public employee; and the category under
3which the position qualifies for designation under this
4Section.
5 To qualify for designation under this Section, the
6employment position must meet one or more of the following
7requirements:
8 (1) it must authorize an employee in that position to
9 act as a legislative liaison;
10 (2) it must have a title of, or authorize a person who
11 holds that position to exercise substantially similar
12 duties as an, Agency General Counsel, Agency Chief of
13 Staff, Agency Executive Director, Agency Deputy Director,
14 Agency Chief Fiscal Officer, Agency Human Resources
15 Director, Senior Public Service Administrator, Public
16 Information Officer, or Chief Information Officer;
17 (3) it must be a Rutan-exempt, as designated by the
18 employer, position and completely exempt from jurisdiction
19 B of the Personnel Code;
20 (4) it must be a term appointed position pursuant to
21 Section 8b.18 or 8b.19 of the Personnel Code; or
22 (5) it must authorize an employee in that position to
23 have significant and independent discretionary authority
24 as an employee.
25 Within 60 days after the Governor makes a designation under
26this Section, the Board shall determine, in a manner that is

HB0123- 24 -LRB098 05526 JDS 35561 b
1consistent with the requirements of due process, whether the
2designation comports with the requirements of this Section.
3 (c) For the purposes of this Section, a person has
4significant and independent discretionary authority as an
5employee if he or she (i) is engaged in executive and
6management functions of a State agency and charged with the
7effectuation of management policies and practices of a State
8agency or represents management interests by taking or
9recommending discretionary actions that effectively control or
10implement the policy of a State agency or (ii) qualifies as a
11supervisor of a State agency as that term is defined under
12Section 152 of the National Labor Relations Act or any orders
13of the National Labor Relations Board interpreting that
14provision or decisions of courts reviewing decisions of the
15National Labor Relations Board.
16 (d) The Governor must exercise the authority afforded under
17this Section within 365 calendar days after the effective date
18of this amendatory Act of the 97th General Assembly. Any
19designation made by the Governor under this Section shall be
20presumed to have been properly made.
21 If the Governor chooses not to designate a position under
22this Section, then that decision does not preclude a State
23agency from otherwise challenging the certification of that
24position under this Act.
25 The qualifying categories set forth in paragraphs (1)
26through (5) of subsection (b) of this Section are operative and

HB0123- 25 -LRB098 05526 JDS 35561 b
1function solely within this Section and do not expand or
2restrict the scope of any other provision contained in this
3Act.
4 (e) The provisions of this Section do not apply to any
5employee who is employed by a public employer and who is
6classified as, or holds the employment title of, Chief
7Stationary Engineer, Assistant Chief Stationary Engineer,
8Sewage Plant Operator, Water Plant Operator, Stationary
9Engineer, or Plant Operating Engineer.
10 (f) The provisions of this Section do not apply to any
11mental health administrator in the Department of Corrections
12who is classified as or who holds the position of Public
13Service Administrator (Option 8K), any attorney in the
14Department of Corrections who is classified as or who holds the
15position of Public Service Administrator (Option 8L), any
16nuclear safety staff attorney in the Illinois Emergency
17Management Agency, any Section Chief, Deputy Lab Director,
18Research and Development Coordinator, Quality Assurance
19Director, or Assistant Director of Training in the Department
20of State Police who is classified as or who holds the position
21of Senior Public Service Administrator (Option 7), any employee
22of the Office of the Inspector General in the Department of
23Human Services who is classified as or who holds the position
24of Public Service Administrator (Option 7), any Deputy of
25Intelligence in the Department of Corrections who is classified
26as or who holds the position of Public Service Administrator

HB0123- 26 -LRB098 05526 JDS 35561 b
1(Option 7), or any employee of the Department of State Police
2who handles issues concerning the Illinois State Police Sex
3Offender Registry and who is classified as or holds the
4position of Public Service Administrator (Option 7).
5(Source: 09700SB1556ham002.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law or on the effective date of Senate Bill 1556 of
8the 97th General Assembly, whichever is later.
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