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Illinois General Assembly· SB 1701Governor Approved

PUBLIC LABOR-POLICE SUPERVISOR, the official text

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SB1701 Enrolled                      LRB104 10362 BDA 20437 b

1   AN ACT concerning government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Public Labor Relations Act is

5 amended by changing Section 3 as follows:

6   (5 ILCS 315/3) (from Ch. 48, par. 1603)

7   Sec. 3. Definitions. As used in this Act, unless the

8 context otherwise requires:

9   (a) "Board" means the Illinois Labor Relations Board or,

10 with respect to a matter over which the jurisdiction of the

11 Board is assigned to the State Panel or the Local Panel under

12 Section 5, the panel having jurisdiction over the matter.

13  (b) "Collective bargaining" means bargaining over terms

14 and conditions of employment, including hours, wages, and

15 other conditions of employment, as detailed in Section 7 and

16 which are not excluded by Section 4.

17  (c) "Confidential employee" means an employee who, in the

18 regular course of his or her duties, assists and acts in a

19 confidential capacity to persons who formulate, determine, and

20 effectuate management policies with regard to labor relations

21 or who, in the regular course of his or her duties, has

22 authorized access to information relating to the effectuation

23 or review of the employer's collective bargaining policies.
    SB1701 Enrolled  -2-               LRB104 10362 BDA 20437 b

1 Determinations of confidential employee status shall be based

2 on actual employee job duties and not solely on written job

3 descriptions.

4   (d) "Craft employees" means skilled journeymen, crafts

5 persons, and their apprentices and helpers.

6   (e) "Essential services employees" means those public

7 employees performing functions so essential that the

8 interruption or termination of the function will constitute a

9 clear and present danger to the health and safety of the

10 persons in the affected community.

11  (f) "Exclusive representative", except with respect to

12 non-State fire fighters and paramedics employed by fire

13 departments and fire protection districts, non-State peace

14 officers, and peace officers in the Illinois State Police,

15 means the labor organization that has been (i) designated by

16 the Board as the representative of a majority of public

17 employees in an appropriate bargaining unit in accordance with

18 the procedures contained in this Act; (ii) historically

19 recognized by the State of Illinois or any political

20 subdivision of the State before July 1, 1984 (the effective

21 date of this Act) as the exclusive representative of the

22 employees in an appropriate bargaining unit; (iii) after July

23 1, 1984 (the effective date of this Act) recognized by an

24 employer upon evidence, acceptable to the Board, that the

25 labor organization has been designated as the exclusive

26 representative by a majority of the employees in an
    SB1701 Enrolled          -3-  LRB104 10362 BDA 20437 b

1 appropriate bargaining unit; (iv) recognized as the exclusive

2 representative of personal assistants under Executive Order

3 2003-8 prior to July 16, 2003 (the effective date of Public Act

4 93-204), and the organization shall be considered to be the

5 exclusive representative of the personal assistants as defined

6 in this Section; or (v) recognized as the exclusive

7 representative of child and day care home providers, including

8 licensed and license exempt providers, pursuant to an election

9 held under Executive Order 2005-1 prior to January 1, 2006

10 (the effective date of Public Act 94-320), and the

11 organization shall be considered to be the exclusive

12 representative of the child and day care home providers as

13 defined in this Section.

14  With respect to non-State fire fighters and paramedics

15 employed by fire departments and fire protection districts,

16 non-State peace officers, and peace officers in the Illinois

17 State Police, "exclusive representative" means the labor

18 organization that has been (i) designated by the Board as the

19 representative of a majority of peace officers or fire

20 fighters in an appropriate bargaining unit in accordance with

21 the procedures contained in this Act, (ii) historically

22 recognized by the State of Illinois or any political

23 subdivision of the State before January 1, 1986 (the effective

24 date of this amendatory Act of 1985) as the exclusive

25 representative by a majority of the peace officers or fire

26 fighters in an appropriate bargaining unit, or (iii) after
    SB1701 Enrolled   -4-  LRB104 10362 BDA 20437 b

1 January 1, 1986 (the effective date of this amendatory Act of

2 1985) recognized by an employer upon evidence, acceptable to

3 the Board, that the labor organization has been designated as

4 the exclusive representative by a majority of the peace

5 officers or fire fighters in an appropriate bargaining unit.

6   Where a historical pattern of representation exists for

7 the workers of a water system that was owned by a public

8 utility, as defined in Section 3-105 of the Public Utilities

9 Act, prior to becoming certified employees of a municipality

10 or municipalities once the municipality or municipalities have

11 acquired the water system as authorized in Section 11-124-5 of

12 the Illinois Municipal Code, the Board shall find the labor

13 organization that has historically represented the workers to

14 be the exclusive representative under this Act, and shall find

15 the unit represented by the exclusive representative to be the

16 appropriate unit.

17  (g) "Fair share agreement" means an agreement between the

18 employer and an employee organization under which all or any

19 of the employees in a collective bargaining unit are required

20 to pay their proportionate share of the costs of the

21 collective bargaining process, contract administration, and

22 pursuing matters affecting wages, hours, and other conditions

23 of employment, but not to exceed the amount of dues uniformly

24 required of members. The amount certified by the exclusive

25 representative shall not include any fees for contributions

26 related to the election or support of any candidate for
    SB1701 Enrolled  -5-                  LRB104 10362 BDA 20437 b

1 political office. Nothing in this subsection (g) shall

2 preclude an employee from making voluntary political

3 contributions in conjunction with his or her fair share

4 payment.

5   (g-1) "Fire fighter" means, for the purposes of this Act

6 only, any person who has been or is hereafter appointed to a

7 fire department or fire protection district or employed by a

8 state university and sworn or commissioned to perform fire

9 fighter duties or paramedic duties, including paramedics

10 employed by a unit of local government, except that the

11 following persons are not included: part-time fire fighters,

12 auxiliary, reserve or voluntary fire fighters, including paid

13 on-call fire fighters, clerks and dispatchers or other

14 civilian employees of a fire department or fire protection

15 district who are not routinely expected to perform fire

16 fighter duties, or elected officials.

17  (g-2) "General Assembly of the State of Illinois" means

18 the legislative branch of the government of the State of

19 Illinois, as provided for under Article IV of the Constitution

20 of the State of Illinois, and includes, but is not limited to,

21 the House of Representatives, the Senate, the Speaker of the

22 House of Representatives, the Minority Leader of the House of

23 Representatives, the President of the Senate, the Minority

24 Leader of the Senate, the Joint Committee on Legislative

25 Support Services, and any legislative support services agency

26 listed in the Legislative Commission Reorganization Act of
    SB1701 Enrolled  -6-  LRB104 10362 BDA 20437 b

1 1984.

2   (h) "Governing body" means, in the case of the State, the

3 State Panel of the Illinois Labor Relations Board, the

4 Director of the Department of Central Management Services, and

5 the Director of the Department of Labor; the county board in

6 the case of a county; the corporate authorities in the case of

7 a municipality; and the appropriate body authorized to provide

8 for expenditures of its funds in the case of any other unit of

9 government.

10  (i) "Labor organization" means any organization in which

11 public employees participate and that exists for the purpose,

12 in whole or in part, of dealing with a public employer

13 concerning wages, hours, and other terms and conditions of

14 employment, including the settlement of grievances.

15  (i-5) "Legislative liaison" means a person who is an

16 employee of a State agency, the Attorney General, the

17 Secretary of State, the Comptroller, or the Treasurer, as the

18 case may be, and whose job duties require the person to

19 regularly communicate in the course of his or her employment

20 with any official or staff of the General Assembly of the State

21 of Illinois for the purpose of influencing any legislative

22 action.

23  (j) "Managerial employee" means an individual who is

24 engaged predominantly in executive and management functions

25 and is charged with the responsibility of directing the

26 effectuation of management policies and practices.
SB1701 Enrolled  -7-  LRB104 10362 BDA 20437 b

 1 Determination of managerial employee status shall be based on
 2 actual employee job duties and not solely on written job
 3 descriptions. With respect only to State employees in
 4 positions under the jurisdiction of the Attorney General,
 5 Secretary of State, Comptroller, or Treasurer (i) that were
 6 certified in a bargaining unit on or after December 2, 2008,
 7 (ii) for which a petition is filed with the Illinois Public
 8 Labor Relations Board on or after April 5, 2013 (the effective
 9 date of Public Act 97-1172), or (iii) for which a petition is
10 pending before the Illinois Public Labor Relations Board on
11 that date, "managerial employee" means an individual who is
12 engaged in executive and management functions or who is
13 charged with the effectuation of management policies and
14 practices or who represents management interests by taking or
15 recommending discretionary actions that effectively control or
16 implement policy. On and after the effective date of this
17 amendatory Act of the 104th General Assembly, "managerial
18 employee" includes the individual designated or appointed by a
19 sheriff as the undersheriff or chief deputy to fill a vacancy
20 under Section 3-3010 of the Counties Code and the individual
21 serving as the superintendent of the jail under Section 3 of
22 the County Jail Act, unless the sheriff and the relevant union
23 have mutually agreed otherwise or the individual is already
24 otherwise recognized under subsection (c) of Section 9 or any
25 other provision of this Act. Nothing in this definition
26 prohibits an individual from also meeting the definition of
    SB1701 Enrolled  -8-  LRB104 10362 BDA 20437 b

1 "supervisor" under subsection (r) of this Section.

2   (k) "Peace officer" means, for the purposes of this Act

3 only, any persons who have been or are hereafter appointed to a

4 police force, department, or agency and sworn or commissioned

5 to perform police duties, except that the following persons

6 are not included: part-time police officers, special police

7 officers, auxiliary police as defined by Section 3.1-30-20 of

8 the Illinois Municipal Code, night watchmen, "merchant

9 police", court security officers as defined by Section

10 3-6012.1 of the Counties Code, temporary employees, traffic

11 guards or wardens, civilian parking meter and parking

12 facilities personnel or other individuals specially appointed

13 to aid or direct traffic at or near schools or public functions

14 or to aid in civil defense or disaster, parking enforcement

15 employees who are not commissioned as peace officers and who

16 are not armed and who are not routinely expected to effect

17 arrests, parking lot attendants, clerks and dispatchers or

18 other civilian employees of a police department who are not

19 routinely expected to effect arrests, or elected officials.

20  (l) "Person" includes one or more individuals, labor

21 organizations, public employees, associations, corporations,

22 legal representatives, trustees, trustees in bankruptcy,

23 receivers, or the State of Illinois or any political

24 subdivision of the State or governing body, but does not

25 include the General Assembly of the State of Illinois or any

26 individual employed by the General Assembly of the State of
    SB1701 Enrolled  -9-  LRB104 10362 BDA 20437 b

1 Illinois.

2   (m) "Professional employee" means any employee engaged in

3 work predominantly intellectual and varied in character rather

4 than routine mental, manual, mechanical or physical work;

5 involving the consistent exercise of discretion and adjustment

6 in its performance; of such a character that the output

7 produced or the result accomplished cannot be standardized in

8 relation to a given period of time; and requiring advanced

9 knowledge in a field of science or learning customarily

10 acquired by a prolonged course of specialized intellectual

11 instruction and study in an institution of higher learning or

12 a hospital, as distinguished from a general academic education

13 or from apprenticeship or from training in the performance of

14 routine mental, manual, or physical processes; or any employee

15 who has completed the courses of specialized intellectual

16 instruction and study prescribed in this subsection (m) and is

17 performing related work under the supervision of a

18 professional person to qualify to become a professional

19 employee as defined in this subsection (m).

20  (n) "Public employee" or "employee", for the purposes of

21 this Act, means any individual employed by a public employer,

22 including (i) interns and residents at public hospitals, (ii)

23 as of July 16, 2003 (the effective date of Public Act 93-204),

24 but not before, personal assistants working under the Home

25 Services Program under Section 3 of the Rehabilitation of

26 Persons with Disabilities Act, subject to the limitations set
SB1701 Enrolled  - 10 - LRB104 10362 BDA 20437 b

 1 forth in this Act and in the Rehabilitation of Persons with
 2 Disabilities Act, (iii) as of January 1, 2006 (the effective
 3 date of Public Act 94-320), but not before, child and day care
 4 home providers participating in the child care assistance
 5 program under Section 9A-11 of the Illinois Public Aid Code,
 6 subject to the limitations set forth in this Act and in Section
 7 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
 8 2013 (the effective date of Public Act 97-1158), but not
 9 before except as otherwise provided in this subsection (n),
10 home care and home health workers who function as personal
11 assistants and individual maintenance home health workers and
12 who also work under the Home Services Program under Section 3
13 of the Rehabilitation of Persons with Disabilities Act, no
14 matter whether the State provides those services through
15 direct fee-for-service arrangements, with the assistance of a
16 managed care organization or other intermediary, or otherwise,
17 (v) beginning on July 19, 2013 (the effective date of Public
18 Act 98-100) and notwithstanding any other provision of this
19 Act, any person employed by a public employer and who is
20 classified as or who holds the employment title of Chief
21 Stationary Engineer, Assistant Chief Stationary Engineer,
22 Sewage Plant Operator, Water Plant Operator, Stationary
23 Engineer, Plant Operating Engineer, and any other employee who
24 holds the position of: Civil Engineer V, Civil Engineer VI,
25 Civil Engineer VII, Technical Manager I, Technical Manager II,
26 Technical Manager III, Technical Manager IV, Technical Manager
SB1701 Enrolled  - 11 - LRB104 10362 BDA 20437 b

 1 V, Technical Manager VI, Realty Specialist III, Realty
 2 Specialist IV, Realty Specialist V, Technical Advisor I,
 3 Technical Advisor II, Technical Advisor III, Technical Advisor
 4 IV, or Technical Advisor V employed by the Department of
 5 Transportation who is in a position which is certified in a
 6 bargaining unit on or before July 19, 2013 (the effective date
 7 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
 8 effective date of Public Act 98-100) and notwithstanding any
 9 other provision of this Act, any mental health administrator
10 in the Department of Corrections who is classified as or who
11 holds the position of Public Service Administrator (Option
12 8K), any employee of the Office of the Inspector General in the
13 Department of Human Services who is classified as or who holds
14 the position of Public Service Administrator (Option 7), any
15 Deputy of Intelligence in the Department of Corrections who is
16 classified as or who holds the position of Public Service
17 Administrator (Option 7), and any employee of the Illinois
18 State Police who handles issues concerning the Illinois State
19 Police Sex Offender Registry and who is classified as or holds
20 the position of Public Service Administrator (Option 7), but
21 excluding all of the following: employees of the General
22 Assembly of the State of Illinois; elected officials;
23 executive heads of a department; members of boards or
24 commissions; the Executive Inspectors General; any special
25 Executive Inspectors General; employees of each Office of an
26 Executive Inspector General; commissioners and employees of
SB1701 Enrolled  - 12 - LRB104 10362 BDA 20437 b

 1 the Executive Ethics Commission; the Auditor General's
 2 Inspector General; employees of the Office of the Auditor
 3 General's Inspector General; the Legislative Inspector
 4 General; any special Legislative Inspectors General; employees
 5 of the Office of the Legislative Inspector General;
 6 commissioners and employees of the Legislative Ethics
 7 Commission; employees of any agency, board or commission
 8 created by this Act; employees appointed to State positions of
 9 a temporary or emergency nature; all employees of school
10 districts and higher education institutions except
11 firefighters and peace officers employed by a state university
12 and except peace officers employed by a school district in its
13 own police department in existence on July 23, 2010 (the
14 effective date of Public Act 96-1257); managerial employees;
15 short-term employees; legislative liaisons; a person who is a
16 State employee under the jurisdiction of the Office of the
17 Attorney General who is licensed to practice law or whose
18 position authorizes, either directly or indirectly, meaningful
19 input into government decision-making on issues where there is
20 room for principled disagreement on goals or their
21 implementation; a person who is a State employee under the
22 jurisdiction of the Office of the Comptroller who holds the
23 position of Public Service Administrator or whose position is
24 otherwise exempt under the Comptroller Merit Employment Code;
25 a person who is a State employee under the jurisdiction of the
26 Secretary of State who holds the position classification of
SB1701 Enrolled  - 13 - LRB104 10362 BDA 20437 b

 1 Executive I or higher, whose position authorizes, either
 2 directly or indirectly, meaningful input into government
 3 decision-making on issues where there is room for principled
 4 disagreement on goals or their implementation, or who is
 5 otherwise exempt under the Secretary of State Merit Employment
 6 Code; employees in the Office of the Secretary of State who are
 7 completely exempt from jurisdiction B of the Secretary of
 8 State Merit Employment Code and who are in Rutan-exempt
 9 positions on or after April 5, 2013 (the effective date of
10 Public Act 97-1172); a person who is a State employee under the
11 jurisdiction of the Treasurer who holds a position that is
12 exempt from the State Treasurer Employment Code; any employee
13 of a State agency who (i) holds the title or position of, or
14 exercises substantially similar duties as a legislative
15 liaison, Agency General Counsel, Agency Chief of Staff, Agency
16 Executive Director, Agency Deputy Director, Agency Chief
17 Fiscal Officer, Agency Human Resources Director, Public
18 Information Officer, or Chief Information Officer and (ii) was
19 neither included in a bargaining unit nor subject to an active
20 petition for certification in a bargaining unit; any employee
21 of a State agency who (i) is in a position that is
22 Rutan-exempt, as designated by the employer, and completely
23 exempt from jurisdiction B of the Personnel Code and (ii) was
24 neither included in a bargaining unit nor subject to an active
25 petition for certification in a bargaining unit; any term
26 appointed employee of a State agency pursuant to Section 8b.18
    SB1701 Enrolled              - 14 - LRB104 10362 BDA 20437 b

1 or 8b.19 of the Personnel Code who was neither included in a

2 bargaining unit nor subject to an active petition for

3 certification in a bargaining unit; any employment position

4 properly designated pursuant to Section 6.1 of this Act;

5 confidential employees; independent contractors; and

6 supervisors except as provided in this Act.

7   Home care and home health workers who function as personal

8 assistants and individual maintenance home health workers and

9 who also work under the Home Services Program under Section 3

10 of the Rehabilitation of Persons with Disabilities Act shall

11 not be considered public employees for any purposes not

12 specifically provided for in Public Act 93-204 or Public Act

13 97-1158, including, but not limited to, purposes of vicarious

14 liability in tort and purposes of statutory retirement or

15 health insurance benefits. Home care and home health workers

16 who function as personal assistants and individual maintenance

17 home health workers and who also work under the Home Services

18 Program under Section 3 of the Rehabilitation of Persons with

19 Disabilities Act shall not be covered by the State Employees

20 Group Insurance Act of 1971.

21  Child and day care home providers shall not be considered

22 public employees for any purposes not specifically provided

23 for in Public Act 94-320, including, but not limited to,

24 purposes of vicarious liability in tort and purposes of

25 statutory retirement or health insurance benefits. Child and

26 day care home providers shall not be covered by the State
   SB1701 Enrolled  - 15 - LRB104 10362 BDA 20437 b

1 Employees Group Insurance Act of 1971.

2  Notwithstanding Section 9, subsection (c), or any other

3 provisions of this Act, all peace officers above the rank of

4 captain in municipalities with more than 1,000,000 inhabitants

5 shall be excluded from this Act.

6  (o) Except as otherwise in subsection (o-5), "public

7 employer" or "employer" means the State of Illinois; any

8 political subdivision of the State, unit of local government

9 or school district; authorities including departments,

10 divisions, bureaus, boards, commissions, or other agencies of

11 the foregoing entities; and any person acting within the scope

12 of his or her authority, express or implied, on behalf of those

13 entities in dealing with its employees. As of July 16, 2003

14 (the effective date of Public Act 93-204), but not before, the

15 State of Illinois shall be considered the employer of the

16 personal assistants working under the Home Services Program

17 under Section 3 of the Rehabilitation of Persons with

18 Disabilities Act, subject to the limitations set forth in this

19 Act and in the Rehabilitation of Persons with Disabilities

20 Act. As of January 29, 2013 (the effective date of Public Act

21 97-1158), but not before except as otherwise provided in this

22 subsection (o), the State shall be considered the employer of

23 home care and home health workers who function as personal

24 assistants and individual maintenance home health workers and

25 who also work under the Home Services Program under Section 3

26 of the Rehabilitation of Persons with Disabilities Act, no
SB1701 Enrolled  - 16 - LRB104 10362 BDA 20437 b

 1 matter whether the State provides those services through
 2 direct fee-for-service arrangements, with the assistance of a
 3 managed care organization or other intermediary, or otherwise,
 4 but subject to the limitations set forth in this Act and the
 5 Rehabilitation of Persons with Disabilities Act. The State
 6 shall not be considered to be the employer of home care and
 7 home health workers who function as personal assistants and
 8 individual maintenance home health workers and who also work
 9 under the Home Services Program under Section 3 of the
10 Rehabilitation of Persons with Disabilities Act, for any
11 purposes not specifically provided for in Public Act 93-204 or
12 Public Act 97-1158, including but not limited to, purposes of
13 vicarious liability in tort and purposes of statutory
14 retirement or health insurance benefits. Home care and home
15 health workers who function as personal assistants and
16 individual maintenance home health workers and who also work
17 under the Home Services Program under Section 3 of the
18 Rehabilitation of Persons with Disabilities Act shall not be
19 covered by the State Employees Group Insurance Act of 1971. As
20 of January 1, 2006 (the effective date of Public Act 94-320),
21 but not before, the State of Illinois shall be considered the
22 employer of the day and child care home providers
23 participating in the child care assistance program under
24 Section 9A-11 of the Illinois Public Aid Code, subject to the
25 limitations set forth in this Act and in Section 9A-11 of the
26 Illinois Public Aid Code. The State shall not be considered to
   SB1701 Enrolled  - 17 - LRB104 10362 BDA 20437 b

1 be the employer of child and day care home providers for any

2 purposes not specifically provided for in Public Act 94-320,

3 including, but not limited to, purposes of vicarious liability

4 in tort and purposes of statutory retirement or health

5 insurance benefits. Child and day care home providers shall

6 not be covered by the State Employees Group Insurance Act of

7 1971.

8  "Public employer" or "employer" as used in this Act,

9 however, does not mean and shall not include the General

10 Assembly of the State of Illinois, the Executive Ethics

11 Commission, the Offices of the Executive Inspectors General,

12 the Legislative Ethics Commission, the Office of the

13 Legislative Inspector General, the Office of the Auditor

14 General's Inspector General, the Office of the Governor, the

15 Governor's Office of Management and Budget, the Illinois

16 Finance Authority, the Office of the Lieutenant Governor, the

17 State Board of Elections, and educational employers or

18 employers as defined in the Illinois Educational Labor

19 Relations Act, except with respect to a state university in

20 its employment of firefighters and peace officers and except

21 with respect to a school district in the employment of peace

22 officers in its own police department in existence on July 23,

23 2010 (the effective date of Public Act 96-1257). County boards

24 and county sheriffs shall be designated as joint or

25 co-employers of county peace officers appointed under the

26 authority of a county sheriff. Nothing in this subsection (o)
    SB1701 Enrolled  - 18 - LRB104 10362 BDA 20437 b

1 shall be construed to prevent the State Panel or the Local

2 Panel from determining that employers are joint or

3 co-employers.

4   (o-5) With respect to wages, fringe benefits, hours,

5 holidays, vacations, proficiency examinations, sick leave, and

6 other conditions of employment, the public employer of public

7 employees who are court reporters, as defined in the Court

8 Reporters Act, shall be determined as follows:

9   (1) For court reporters employed by the Cook County

10  Judicial Circuit, the chief judge of the Cook County

11  Circuit Court is the public employer and employer

12  representative.

13  (2) For court reporters employed by the 12th, 18th,

14  19th, and, on and after December 4, 2006, the 22nd

15  judicial circuits, a group consisting of the chief judges

16  of those circuits, acting jointly by majority vote, is the

17  public employer and employer representative.

18  (3) For court reporters employed by all other judicial

19  circuits, a group consisting of the chief judges of those

20  circuits, acting jointly by majority vote, is the public

21  employer and employer representative.

22  (p) "Security employee" means an employee who is

23 responsible for the supervision and control of inmates at

24 correctional facilities. The term also includes other

25 non-security employees in bargaining units having the majority

26 of employees being responsible for the supervision and control
    SB1701 Enrolled       - 19 - LRB104 10362 BDA 20437 b

1 of inmates at correctional facilities.

2   (q) "Short-term employee" means an employee who is

3 employed for less than 2 consecutive calendar quarters during

4 a calendar year and who does not have a reasonable assurance

5 that he or she will be rehired by the same employer for the

6 same service in a subsequent calendar year.

7   (q-5) "State agency" means an agency directly responsible

8 to the Governor, as defined in Section 3.1 of the Executive

9 Reorganization Implementation Act, and the Illinois Commerce

10 Commission, the Illinois Workers' Compensation Commission, the

11 Civil Service Commission, the Pollution Control Board, the

12 Illinois Racing Board, and the Illinois State Police Merit

13 Board.

14  (r) "Supervisor" is:

15         (1) An employee whose principal work is substantially

16  different from that of his or her subordinates and who has

17  authority, in the interest of the employer, to hire,

18  transfer, suspend, lay off, recall, promote, discharge,

19  direct, reward, or discipline employees, to adjust their

20  grievances, or to effectively recommend any of those

21  actions, if the exercise of that authority is not of a

22  merely routine or clerical nature, but requires the

23  consistent use of independent judgment. Except with

24  respect to police employment, the term "supervisor"

25  includes only those individuals who devote a preponderance

26  of their employment time to exercising that authority,
    SB1701 Enrolled      - 20 - LRB104 10362 BDA 20437 b

1   State supervisors notwithstanding. Determinations of

2   supervisor status shall be based on actual employee job

3   duties and not solely on written job descriptions. Nothing

4   in this definition prohibits an individual from also

5   meeting the definition of "managerial employee" under

6   subsection (j) of this Section. In addition, in

7   determining supervisory status in police employment, rank

8   shall not be determinative. The Board shall consider, as

9   evidence of bargaining unit inclusion or exclusion, the

10  common law enforcement policies and relationships between

11  police officer ranks and certification under applicable

12  civil service law, ordinances, personnel codes, or

13  Division 2.1 of Article 10 of the Illinois Municipal Code,

14  but these factors shall not be the sole or predominant

15  factors considered by the Board in determining police

16  supervisory status.

17  Notwithstanding the provisions of the preceding

18  paragraph, in determining supervisory status in fire

19  fighter employment, no fire fighter shall be excluded as a

20  supervisor who has established representation rights under

21  Section 9 of this Act. Further, in fire fighter units,

22  employees shall consist of fire fighters of the highest

23  rank of company officer and below. A company officer may

24  be responsible for multiple companies or apparatus on a

25  shift, multiple stations, or an entire shift. There may be

26  more than one company officer per shift. If a company
    SB1701 Enrolled         - 21 - LRB104 10362 BDA 20437 b

1   officer otherwise qualifies as a supervisor under the

2   preceding paragraph, however, he or she shall not be

3   included in the fire fighter unit. If there is no rank

4   between that of chief and the highest company officer, the

5   employer may designate a position on each shift as a Shift

6   Commander, and the persons occupying those positions shall

7   be supervisors. All other ranks above that of the highest

8   company officer shall be supervisors.

9   (2) With respect only to State employees in positions

10  under the jurisdiction of the Attorney General, Secretary

11  of State, Comptroller, or Treasurer (i) that were

12  certified in a bargaining unit on or after December 2,

13  2008, (ii) for which a petition is filed with the Illinois

14  Public Labor Relations Board on or after April 5, 2013

15  (the effective date of Public Act 97-1172), or (iii) for

16  which a petition is pending before the Illinois Public

17  Labor Relations Board on that date, an employee who

18  qualifies as a supervisor under (A) Section 152 of the

19  National Labor Relations Act and (B) orders of the

20  National Labor Relations Board interpreting that provision

21  or decisions of courts reviewing decisions of the National

22  Labor Relations Board.

23  (3) With respect to a police officer, other than a

24  police officer employed by the Illinois State Police, any

25  officer in a permanent rank for which the police officer

26  is appointed. For municipal police officers, "in a
    SB1701 Enrolled  - 22 - LRB104 10362 BDA 20437 b

1   permanent rank" shall mean those not subject to

2   promotional testing pursuant to Division 1 or Division 2.1

3   of the Illinois Municipal Code. The position or rank

4   immediately below that of Chief, whether occupied by a

5   person or persons in appointed positions or a tested rank

6   shall also be considered supervisors unless that rank is

7   that of patrol officer. An appointment of duties in which

8   the tested permanent rank does not change shall not be

9   considered the appointment of a supervisor under this

10  definition.

11  (4) With respect to a police officer for the State

12  Police, any rank of Major or above.

13  Notwithstanding the provisions of paragraph (1) of

14 subsection (r), "supervisor" does not include (1) a police

15 officer excluded from the definition of "supervisor" by a

16 collective bargaining agreement, (2) a police officer who is

17 in a rank for which the police officer must complete a written

18 test pursuant to Division 1 or Division 2.1 of the Illinois

19 Municipal Code in order to be employed in that rank, (3) a

20 police officer who is in a position or rank that has been

21 voluntarily recognized as covered by a collective bargaining

22 agreement by the employer, or (4) a police officer who is in a

23 position or rank that has been historically covered by a

24 collective bargaining agreement. However, these exclusions

25 from the definition of "supervisor" only apply in this Act for

26 the purposes of supervisory collective bargaining purposes
   SB1701 Enrolled  - 23 - LRB104 10362 BDA 20437 b

1 only. Employees occupying supervisory bargaining ranks shall

2 still be required to perform supervisory functions as outlined

3 in paragraph (1) of subsection (r) and be held accountable for

4 failure to perform supervisory functions.

5  (s)(1) "Unit" means a class of jobs or positions that are

6 held by employees whose collective interests may suitably be

7 represented by a labor organization for collective bargaining.

8 Except with respect to non-State fire fighters and paramedics

9 employed by fire departments and fire protection districts,

10 non-State peace officers, and peace officers in the Illinois

11 State Police, a bargaining unit determined by the Board shall

12 not include both employees and supervisors, or supervisors

13 only, except as provided in paragraph (2) of this subsection

14 (s) and except for bargaining units in existence on July 1,

15 1984 (the effective date of this Act). With respect to

16 non-State fire fighters and paramedics employed by fire

17 departments and fire protection districts, non-State peace

18 officers, and peace officers in the Illinois State Police, a

19 bargaining unit determined by the Board shall not include both

20 supervisors and nonsupervisors, or supervisors only, except as

21 provided in paragraph (2) of this subsection (s) and except

22 for bargaining units in existence on January 1, 1986 (the

23 effective date of this amendatory Act of 1985). A bargaining

24 unit determined by the Board to contain peace officers shall

25 contain no employees other than peace officers unless

26 otherwise agreed to by the employer and the labor organization
    SB1701 Enrolled              - 24 - LRB104 10362 BDA 20437 b

1 or labor organizations involved. Notwithstanding any other

2 provision of this Act, a bargaining unit, including a

3 historical bargaining unit, containing sworn peace officers of

4 the Department of Natural Resources (formerly designated the

5 Department of Conservation) shall contain no employees other

6 than such sworn peace officers upon the effective date of this

7 amendatory Act of 1990 or upon the expiration date of any

8 collective bargaining agreement in effect upon the effective

9 date of this amendatory Act of 1990 covering both such sworn

10 peace officers and other employees.

11  (2) Notwithstanding the exclusion of supervisors from

12 bargaining units as provided in paragraph (1) of this

13 subsection (s), a public employer may agree to permit its

14 supervisory employees to form bargaining units and may bargain

15 with those units. This Act shall apply if the public employer

16 chooses to bargain under this subsection.

17  (3) Public employees who are court reporters, as defined

18 in the Court Reporters Act, shall be divided into 3 units for

19 collective bargaining purposes. One unit shall be court

20 reporters employed by the Cook County Judicial Circuit; one

21 unit shall be court reporters employed by the 12th, 18th,

22 19th, and, on and after December 4, 2006, the 22nd judicial

23 circuits; and one unit shall be court reporters employed by

24 all other judicial circuits.

25  (t) "Active petition for certification in a bargaining

26 unit" means a petition for certification filed with the Board
    SB1701 Enrolled  - 25 - LRB104 10362 BDA 20437 b

 1 under one of the following case numbers: S-RC-11-110;
 2 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
 3 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
 4 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
 5 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
 6 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
 7 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
 8 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
 9 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
10 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
11 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
12 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
13 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
14 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
15 S-RC-07-100.
16 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
17 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.
18 6-30-23.)

19  Section 99. Effective date. This Act takes effect July 1,

20 2026.
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