5 ILCS 315/ - Illinois Public Labor Relations Act.

(5 ILCS 315/1) (from Ch. 48, par. 1601)

Sec. 1.

This Act shall be known and may be cited as the “Illinois Public
Labor Relations Act”.

(Source: P.A. 83-1012.)

(5 ILCS 315/2) (from Ch. 48, par. 1602)

Sec. 2.
Policy.
It is the public policy of the State of Illinois
to grant public employees full
freedom of association, self-organization, and designation of representatives
of their own choosing for the purpose of negotiating wages, hours and other
conditions of employment or other mutual aid or protection.

It is the purpose of this Act to regulate labor relations between public
employers and employees, including the designation of employee representatives,
negotiation of wages, hours and other conditions of employment, and resolution
of disputes arising under collective bargaining agreements.

It is the purpose of this Act to prescribe the legitimate rights of both
public employees and public employers, to protect the public health and safety
of the citizens of Illinois, and to provide peaceful and orderly procedures
for protection of the rights of all. To prevent labor strife and to protect
the public health and safety of the citizens of Illinois,
all collective bargaining disputes involving persons designated by the Board
as performing essential services and those persons defined herein as security employees
shall be submitted to impartial arbitrators, who shall be authorized to
issue awards in order to resolve such disputes. It is the public policy
of the State of Illinois that where the right of employees to strike is
prohibited by law, it is necessary to afford an alternate, expeditious,
equitable and effective procedure for the resolution of labor disputes subject
to approval procedures mandated by this Act. To that end, the provisions
for such awards shall be liberally
construed.

(Source: P.A. 83-1012.)

(5 ILCS 315/2.5)

Sec. 2.5. Findings and declarations; court reporters. The General Assembly
finds and
declares:

(1) It is the public policy of the State of Illinois and the intent of the
General Assembly that State employees, including the Illinois official
certified court reporters, are granted collective bargaining rights as provided
in this Act.

(2) The Illinois Supreme Court in the case of AOIC v. Teamsters 726 ruled
that the Illinois Public Labor Relations Board could not assert jurisdiction
over the Illinois official certified court reporters because the Supreme Court
is their co-employer together with the Chief Judges of each judicial circuit.

(3) As a result of the Supreme Court’s decision, the Illinois official
certified
court
reporters have been denied the labor rights afforded all other State employees,
including the rights
to organize, to obtain recognition of their chosen collective bargaining
representative, and to
negotiate with respect to the wages, terms, and conditions of their employment.

(4) The General Assembly intends to create a statutory framework to allow
Illinois
official court reporters to enjoy the same collective bargaining and other
labor rights granted to other
public employees.

(5) Senate Resolution 431 and House Resolution 706, both of the 92nd General
Assembly, were adopted, and in enacting this amendatory Act of the 94th General
Assembly, the
General Assembly is implementing the intent of those resolutions.

(Source: P.A. 94-98, eff. 7-1-05.)

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

(Text of Section from P.A. 102-686)

Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires:

(a) “Board” means the Illinois
Labor Relations Board or, with respect to a matter over which the
jurisdiction of the Board is assigned to the State Panel or the Local Panel
under Section 5, the panel having jurisdiction over the matter.

(b) “Collective bargaining” means bargaining over terms and conditions
of employment, including hours, wages, and other conditions of employment,
as detailed in Section 7 and which are not excluded by Section 4.

(c) “Confidential employee” means an employee who, in the regular course
of his or her duties, assists and acts in a confidential capacity to persons
who formulate, determine, and effectuate management policies with regard
to labor relations or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer’s collective bargaining policies.

(d) “Craft employees” means skilled journeymen, crafts persons, and their
apprentices and helpers.

(e) “Essential services employees” means those public employees
performing functions so essential that the interruption or termination of
the function will constitute a clear and present danger to the health and
safety of the persons in the affected community.

(f) “Exclusive representative”, except with respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the
Department of State Police, means the labor organization that has
been (i) designated by the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with the procedures
contained in this Act, (ii) historically
recognized by the State of Illinois or
any political subdivision of the State before July 1, 1984
(the effective date of this
Act) as the exclusive representative of the employees in an appropriate
bargaining unit, (iii) after July 1, 1984 (the
effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive representative by a
majority of the employees in an appropriate bargaining unit;
(iv) recognized as the exclusive representative of personal
assistants under Executive Order 2003-8 prior to the effective date of this
amendatory
Act of the 93rd General Assembly, and the organization shall be considered to
be the
exclusive representative of the personal assistants
as defined
in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to the effective date of this amendatory Act of the 94th General Assembly, and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.

With respect to non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace officers, and
peace officers in the Department of State Police,
“exclusive representative” means the labor organization that has
been (i) designated by the Board as the representative of a majority of peace
officers or fire fighters in an appropriate bargaining unit in accordance
with the procedures contained in this Act, (ii)
historically recognized
by the State of Illinois or any political subdivision of the State before
January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1,
1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit.

Where a historical pattern of representation exists for the workers of a water system that was owned by a public utility, as defined in Section 3-105 of the Public Utilities Act, prior to becoming certified employees of a municipality or municipalities once the municipality or municipalities have acquired the water system as authorized in Section 11-124-5 of the Illinois Municipal Code, the Board shall find the labor organization that has historically represented the workers to be the exclusive representative under this Act, and shall find the unit represented by the exclusive representative to be the appropriate unit.

(g) “Fair share agreement” means an agreement between the employer and
an employee organization under which all or any of the employees in a
collective bargaining unit are required to pay their proportionate share of
the costs of the collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions of employment,
but not to exceed the amount of dues uniformly required of members. The
amount certified by the exclusive representative shall not include any fees
for contributions related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making
voluntary political contributions in conjunction with his or her fair share
payment.

(g-1) “Fire fighter” means, for the purposes of this Act only, any
person who has been or is hereafter appointed to a fire department or fire
protection district or employed by a state university and sworn or
commissioned to perform fire fighter duties or paramedic duties, including paramedics employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely expected to
perform fire fighter duties, or elected officials.

(g-2) “General Assembly of the State of Illinois” means the
legislative branch of the government of the State of Illinois, as provided
for under Article IV of the Constitution of the State of Illinois, and
includes but is not limited to the House of Representatives, the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, the Minority Leader
of the Senate, the Joint Committee on Legislative Support Services and any
legislative support services agency listed in the Legislative Commission
Reorganization Act of 1984.

(h) “Governing body” means, in the case of the State, the State Panel of
the Illinois Labor Relations Board, the Director of the Department of Central
Management Services, and the Director of the Department of Labor; the county
board in the case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide for expenditures
of its funds in the case of any other unit of government.

(i) “Labor organization” means any organization in which public employees
participate and that exists for the purpose, in whole or in part, of dealing
with a public employer concerning wages, hours, and other terms and conditions
of employment, including the settlement of grievances.

(i-5) “Legislative liaison” means a person who is an employee of a State agency, the Attorney General, the Secretary of State, the Comptroller, or the Treasurer, as the case may be, and whose job duties require the person to regularly communicate in the course of his or her employment with any official or staff of the General Assembly of the State of Illinois for the purpose of influencing any legislative action.

(j) “Managerial employee” means an individual who is engaged
predominantly in executive and management functions and is charged with the
responsibility of directing the effectuation of management policies
and practices. With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, “managerial employee” means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy. Nothing in this definition prohibits an individual from also meeting the definition of “supervisor” under subsection (r) of this Section.

(k) “Peace officer” means, for the purposes of this Act only, any
persons who have been or are hereafter appointed to a police force,
department, or agency and sworn or commissioned to perform police duties,
except that the following persons are not
included: part-time police
officers, special police officers, auxiliary police as defined by Section
3.1-30-20 of the Illinois Municipal Code, night watchmen, “merchant police”,
court security officers as defined by Section 3-6012.1 of the Counties
Code,
temporary employees, traffic guards or wardens, civilian parking meter and
parking facilities personnel or other individuals specially appointed to
aid or direct traffic at or near schools or public functions or to aid in
civil defense or disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who are not
routinely expected to effect arrests, parking lot attendants, clerks and
dispatchers or other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.

(l) “Person” includes one or more individuals, labor organizations, public
employees, associations, corporations, legal representatives, trustees,
trustees in bankruptcy, receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not include the General
Assembly of the State of Illinois or any individual employed by the General
Assembly of the State of Illinois.

(m) “Professional employee” means any employee engaged in work predominantly
intellectual and varied in character rather than routine mental, manual,
mechanical or physical work; involving the consistent exercise of discretion
and adjustment in its performance; of such a character that the output produced
or the result accomplished cannot be standardized in relation to a given
period of time; and requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a hospital,
as distinguished from a general academic education or from apprenticeship
or from training in the performance of routine mental, manual, or physical
processes; or any employee who has completed the courses of specialized
intellectual instruction and study prescribed in this subsection (m) and is
performing related
work under the supervision of a professional person to qualify to become
a professional employee as defined in this subsection (m).

(n) “Public employee” or “employee”, for the purposes of this Act, means
any individual employed by a public employer, including (i) interns and residents
at public hospitals, (ii) as of the effective date of this amendatory Act of the 93rd General
Assembly, but not
before, personal assistants working under the Home
Services
Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to
the
limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities
Act,
(iii) as of the effective date of this amendatory Act of the 94th General Assembly, but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on the effective date of this amendatory Act of the 98th General Assembly and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before the effective date of this amendatory Act of the 98th General Assembly, and (vi) beginning on the effective date of this amendatory Act of the 98th General Assembly and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Department of State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following: employees of the
General Assembly of the State of Illinois; elected officials; executive
heads of a department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General; employees of each
Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics Commission; the Auditor
General’s Inspector General; employees of the Office of the Auditor General’s
Inspector General; the Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office
of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics Commission;
employees
of any
agency, board or commission created by this Act; employees appointed to
State positions of a temporary or emergency nature; all employees of school
districts and higher education institutions except firefighters and peace
officers employed
by a state university and except peace officers employed by a school district in its own police department in existence on the effective date of this amendatory Act of the 96th General Assembly; managerial employees; short-term employees; legislative liaisons; a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation; a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code; a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code; employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172); a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code; any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employment position properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and supervisors except as
provided in this Act.

Home care
and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered
public
employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious
liability in tort
and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).

Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in this amendatory Act of the 94th General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other provisions of
this Act, all peace officers above the rank of captain in
municipalities with more than 1,000,000 inhabitants shall be excluded
from this Act.

(o) Except as otherwise in subsection (o-5), “public employer” or “employer” means the State of Illinois; any
political subdivision of the State, unit of local government or school
district; authorities including departments, divisions, bureaus, boards,
commissions, or other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or implied, on
behalf of those entities in dealing with its employees.
As of the effective date of the amendatory Act of the 93rd General Assembly,
but not
before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program
under
Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the
limitations set forth
in this Act and in the Rehabilitation of Persons with Disabilities Act. As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act. The State shall not
be
considered to be the employer of home care and home health workers who function as personal
assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort
and
purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as
personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the effective date of this amendatory Act of the 94th General Assembly but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in this amendatory Act of the 94th General Assembly, including but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

“Public employer” or
“employer” as used in this Act, however, does not
mean and shall not include the General Assembly of the State of Illinois,
the Executive Ethics Commission, the Offices of the Executive Inspectors
General, the Legislative Ethics Commission, the Office of the Legislative
Inspector General, the Office of the Auditor General’s Inspector General, the Office of the Governor, the Governor’s Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois
Educational Labor Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on the effective date of this amendatory Act of the 96th General Assembly. County boards and county
sheriffs shall be
designated as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this subsection
(o) shall be construed
to prevent the State Panel or the Local Panel
from determining that employers are joint or co-employers.

(o-5) With respect to
wages, fringe
benefits, hours, holidays, vacations, proficiency
examinations, sick leave, and other conditions of
employment, the public employer of public employees who are court reporters, as
defined in the Court Reporters Act, shall be determined as
follows:

(1) For court reporters employed by the Cook County Judicial Circuit, the chief judge of the Cook County Circuit Court is the public employer and employer representative.
(2) For court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.
(3) For court reporters employed by all other judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.

(p) “Security employee” means an employee who is responsible for the
supervision and control of inmates at correctional facilities. The term
also includes other non-security employees in bargaining units having the
majority of employees being responsible for the supervision and control of
inmates at correctional facilities.

(q) “Short-term employee” means an employee who is employed for less
than 2 consecutive calendar quarters during a calendar year and who does
not have a reasonable assurance that he or she will be rehired by the
same employer for the same service in a subsequent calendar year.

(q-5) “State agency” means an agency directly responsible to the Governor, as defined in Section 3.1 of the Executive Reorganization Implementation Act, and the Illinois Commerce Commission, the Illinois Workers’ Compensation Commission, the Civil Service Commission, the Pollution Control Board, the Illinois Racing Board, and the Department of State Police Merit Board.

(r) “Supervisor” is:

(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. Except with respect to police employment, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising that authority, State supervisors notwithstanding. Nothing in this definition prohibits an individual from also meeting the definition of “managerial employee” under subsection (j) of this Section. In addition, in determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.
Notwithstanding the provisions of the preceding paragraph, in determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act. Further, in fire fighter units, employees shall consist of fire fighters of the highest rank of company officer and below. A company officer may be responsible for multiple companies or apparatus on a shift, multiple stations, or an entire shift. There may be more than one company officer per shift. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit. If there is no rank between that of chief and the highest company officer, the employer may designate a position on each shift as a Shift Commander, and the persons occupying those positions shall be supervisors. All other ranks above that of the highest company officer shall be supervisors.
(2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(s)(1) “Unit” means a class of jobs or positions that are held by
employees whose collective interests may suitably be represented by a labor
organization for collective bargaining. Except with respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the Department of
State Police, a bargaining unit determined by the Board shall not include both
employees and supervisors, or supervisors only, except as provided in paragraph
(2) of this subsection (s) and except for bargaining units in existence on July
1, 1984 (the effective date of this Act). With respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the Department of
State Police, a bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for bargaining units in
existence on January 1, 1986 (the effective date of this amendatory Act of
1985). A bargaining unit determined by the Board to contain peace officers
shall contain no employees other than peace officers unless otherwise agreed to
by the employer and the labor organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of the Department
of Natural Resources (formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers upon the effective
date of this amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace officers and other
employees.

(2) Notwithstanding the exclusion of supervisors from bargaining units
as provided in paragraph (1) of this subsection (s), a public
employer may agree to permit its supervisory employees to form bargaining units
and may bargain with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.

(3) Public employees who are court reporters, as defined
in the Court Reporters Act,
shall be divided into 3 units for collective bargaining purposes. One unit
shall be court reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by all other
judicial circuits.

(t) “Active petition for certification in a bargaining unit” means a petition for certification filed with the Board under one of the following case numbers: S-RC-11-110; S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or S-RC-07-100.

(Source: P.A. 102-686, eff. 6-1-22.)

(Text of Section from P.A. 102-813)

Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires:

(d) “Craft employees” means skilled journeymen, crafts persons, and their
apprentices and helpers.

(f) “Exclusive representative”, except with respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the
Illinois State Police, means the labor organization that has
been (i) designated by the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with the procedures
contained in this Act; (ii) historically
recognized by the State of Illinois or
any political subdivision of the State before July 1, 1984
(the effective date of this
Act) as the exclusive representative of the employees in an appropriate
bargaining unit; (iii) after July 1, 1984 (the
effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive representative by a
majority of the employees in an appropriate bargaining unit;
(iv) recognized as the exclusive representative of personal
assistants under Executive Order 2003-8 prior to July 16, 2003 (the effective date of Public Act 93-204), and the organization shall be considered to
be the
exclusive representative of the personal assistants
as defined
in this Section; or (v) recognized as the exclusive representative of child and day care home providers, including licensed and license exempt providers, pursuant to an election held under Executive Order 2005-1 prior to January 1, 2006 (the effective date of Public Act 94-320), and the organization shall be considered to be the exclusive representative of the child and day care home providers as defined in this Section.

With respect to non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace officers, and
peace officers in the Illinois State Police,
“exclusive representative” means the labor organization that has
been (i) designated by the Board as the representative of a majority of peace
officers or fire fighters in an appropriate bargaining unit in accordance
with the procedures contained in this Act, (ii)
historically recognized
by the State of Illinois or any political subdivision of the State before
January 1, 1986 (the effective date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1,
1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire fighters in an
appropriate bargaining unit.

(g-2) “General Assembly of the State of Illinois” means the
legislative branch of the government of the State of Illinois, as provided
for under Article IV of the Constitution of the State of Illinois, and
includes, but is not limited to, the House of Representatives, the Senate,
the Speaker of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, the Minority Leader
of the Senate, the Joint Committee on Legislative Support Services, and any
legislative support services agency listed in the Legislative Commission
Reorganization Act of 1984.

(j) “Managerial employee” means an individual who is engaged
predominantly in executive and management functions and is charged with the
responsibility of directing the effectuation of management policies
and practices. Determination of managerial employee status shall be based on actual employee job duties and not solely on written job descriptions. With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, “managerial employee” means an individual who is engaged in executive and management functions or who is charged with the effectuation of management policies and practices or who represents management interests by taking or recommending discretionary actions that effectively control or implement policy. Nothing in this definition prohibits an individual from also meeting the definition of “supervisor” under subsection (r) of this Section.

(n) “Public employee” or “employee”, for the purposes of this Act, means
any individual employed by a public employer, including (i) interns and residents
at public hospitals, (ii) as of July 16, 2003 (the effective date of Public Act 93-204), but not
before, personal assistants working under the Home
Services
Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to
the
limitations set forth in this Act and in the Rehabilitation of Persons with Disabilities
Act,
(iii) as of January 1, 2006 (the effective date of Public Act 94-320), but not before, child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (n), home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, (v) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any person employed by a public employer and who is classified as or who holds the employment title of Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any other employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before July 19, 2013 (the effective date of Public Act 98-100), and (vi) beginning on July 19, 2013 (the effective date of Public Act 98-100) and notwithstanding any other provision of this Act, any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), and any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7), but excluding all of the following: employees of the
General Assembly of the State of Illinois; elected officials; executive
heads of a department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General; employees of each
Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics Commission; the Auditor
General’s Inspector General; employees of the Office of the Auditor General’s
Inspector General; the Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office
of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics Commission;
employees
of any
agency, board or commission created by this Act; employees appointed to
State positions of a temporary or emergency nature; all employees of school
districts and higher education institutions except firefighters and peace
officers employed
by a state university and except peace officers employed by a school district in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257); managerial employees; short-term employees; legislative liaisons; a person who is a State employee under the jurisdiction of the Office of the Attorney General who is licensed to practice law or whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation; a person who is a State employee under the jurisdiction of the Office of the Comptroller who holds the position of Public Service Administrator or whose position is otherwise exempt under the Comptroller Merit Employment Code; a person who is a State employee under the jurisdiction of the Secretary of State who holds the position classification of Executive I or higher, whose position authorizes, either directly or indirectly, meaningful input into government decision-making on issues where there is room for principled disagreement on goals or their implementation, or who is otherwise exempt under the Secretary of State Merit Employment Code; employees in the Office of the Secretary of State who are completely exempt from jurisdiction B of the Secretary of State Merit Employment Code and who are in Rutan-exempt positions on or after April 5, 2013 (the effective date of Public Act 97-1172); a person who is a State employee under the jurisdiction of the Treasurer who holds a position that is exempt from the State Treasurer Employment Code; any employee of a State agency who (i) holds the title or position of, or exercises substantially similar duties as a legislative liaison, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Public Information Officer, or Chief Information Officer and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employee of a State agency who (i) is in a position that is Rutan-exempt, as designated by the employer, and completely exempt from jurisdiction B of the Personnel Code and (ii) was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any term appointed employee of a State agency pursuant to Section 8b.18 or 8b.19 of the Personnel Code who was neither included in a bargaining unit nor subject to an active petition for certification in a bargaining unit; any employment position properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and supervisors except as
provided in this Act.

Home care
and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be considered
public
employees for any purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including, but not limited to, purposes of vicarious
liability in tort
and purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees
Group
Insurance Act of 1971.

Child and day care home providers shall not be considered public employees for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

(o) Except as otherwise in subsection (o-5), “public employer” or “employer” means the State of Illinois; any
political subdivision of the State, unit of local government or school
district; authorities including departments, divisions, bureaus, boards,
commissions, or other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or implied, on
behalf of those entities in dealing with its employees.
As of July 16, 2003 (the effective date of Public Act 93-204),
but not
before, the State of Illinois shall be considered the employer of the personal assistants working under the Home Services Program
under
Section 3 of the Rehabilitation of Persons with Disabilities Act, subject to the
limitations set forth
in this Act and in the Rehabilitation of Persons with Disabilities Act. As of January 29, 2013 (the effective date of Public Act 97-1158), but not before except as otherwise provided in this subsection (o), the State shall be considered the employer of home care and home health workers who function as personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, no matter whether the State provides those services through direct fee-for-service arrangements, with the assistance of a managed care organization or other intermediary, or otherwise, but subject to the limitations set forth in this Act and the Rehabilitation of Persons with Disabilities Act. The State shall not
be
considered to be the employer of home care and home health workers who function as personal
assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or Public Act 97-1158, including but not limited to, purposes of vicarious liability in tort
and
purposes of statutory retirement or health insurance benefits. Home care and home health workers who function as
personal assistants and individual maintenance home health workers and who also work under the Home Services Program under Section 3 of the Rehabilitation of Persons with Disabilities Act shall not be covered by the State Employees Group
Insurance Act of 1971.
As of January 1, 2006 (the effective date of Public Act 94-320) but not before, the State of Illinois shall be considered the employer of the day and child care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code, subject to the limitations set forth in this Act and in Section 9A-11 of the Illinois Public Aid Code. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided for in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.

“Public employer” or
“employer” as used in this Act, however, does not
mean and shall not include the General Assembly of the State of Illinois,
the Executive Ethics Commission, the Offices of the Executive Inspectors
General, the Legislative Ethics Commission, the Office of the Legislative
Inspector General, the Office of the Auditor General’s Inspector General, the Office of the Governor, the Governor’s Office of Management and Budget, the Illinois Finance Authority, the Office of the Lieutenant Governor, the State Board of Elections, and educational employers or employers as defined in the Illinois
Educational Labor Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except with respect to a school district in the employment of peace officers in its own police department in existence on July 23, 2010 (the effective date of Public Act 96-1257). County boards and county
sheriffs shall be
designated as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this subsection
(o) shall be construed
to prevent the State Panel or the Local Panel
from determining that employers are joint or co-employers.

(1) For court reporters employed by the Cook County Judicial Circuit, the chief judge of the Cook County Circuit Court is the public employer and employer representative.
(2) For court reporters employed by the 12th, 18th, 19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.
(3) For court reporters employed by all other judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote, is the public employer and employer representative.

(r) “Supervisor” is:

(1) An employee whose principal work is substantially different from that of his or her subordinates and who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, to adjust their grievances, or to effectively recommend any of those actions, if the exercise of that authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment. Except with respect to police employment, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising that authority, State supervisors notwithstanding. Determinations of supervisor status shall be based on actual employee job duties and not solely on written job descriptions. Nothing in this definition prohibits an individual from also meeting the definition of “managerial employee” under subsection (j) of this Section. In addition, in determining supervisory status in police employment, rank shall not be determinative. The Board shall consider, as evidence of bargaining unit inclusion or exclusion, the common law enforcement policies and relationships between police officer ranks and certification under applicable civil service law, ordinances, personnel codes, or Division 2.1 of Article 10 of the Illinois Municipal Code, but these factors shall not be the sole or predominant factors considered by the Board in determining police supervisory status.
Notwithstanding the provisions of the preceding paragraph, in determining supervisory status in fire fighter employment, no fire fighter shall be excluded as a supervisor who has established representation rights under Section 9 of this Act. Further, in new fire fighter units, employees shall consist of fire fighters of the rank of company officer and below. If a company officer otherwise qualifies as a supervisor under the preceding paragraph, however, he or she shall not be included in the fire fighter unit. If there is no rank between that of chief and the highest company officer, the employer may designate a position on each shift as a Shift Commander, and the persons occupying those positions shall be supervisors. All other ranks above that of company officer shall be supervisors.
(2) With respect only to State employees in positions under the jurisdiction of the Attorney General, Secretary of State, Comptroller, or Treasurer (i) that were certified in a bargaining unit on or after December 2, 2008, (ii) for which a petition is filed with the Illinois Public Labor Relations Board on or after April 5, 2013 (the effective date of Public Act 97-1172), or (iii) for which a petition is pending before the Illinois Public Labor Relations Board on that date, an employee who qualifies as a supervisor under (A) Section 152 of the National Labor Relations Act and (B) orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(s)(1) “Unit” means a class of jobs or positions that are held by
employees whose collective interests may suitably be represented by a labor
organization for collective bargaining. Except with respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both
employees and supervisors, or supervisors only, except as provided in paragraph
(2) of this subsection (s) and except for bargaining units in existence on July
1, 1984 (the effective date of this Act). With respect to non-State fire
fighters and paramedics employed by fire departments and fire protection
districts, non-State peace officers, and peace officers in the Illinois State Police, a bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for bargaining units in
existence on January 1, 1986 (the effective date of this amendatory Act of
1985). A bargaining unit determined by the Board to contain peace officers
shall contain no employees other than peace officers unless otherwise agreed to
by the employer and the labor organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of the Department
of Natural Resources (formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers upon the effective
date of this amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace officers and other
employees.

(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(5 ILCS 315/4) (from Ch. 48, par. 1604)

(Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional)

Sec. 4. Management Rights. Employers shall not be required to bargain
over matters of inherent managerial policy, which shall include such areas
of discretion or policy as the functions of the employer, standards of
services,
its overall budget, the organizational structure and selection of new
employees, examination techniques
and direction of employees. Employers, however, shall be required to bargain
collectively with regard to
policy matters directly affecting wages, hours and terms and conditions of employment
as well as the impact thereon upon request by employee representatives, except as provided in Section 7.5.

To preserve the rights of employers and exclusive representatives which
have established collective bargaining relationships or negotiated collective
bargaining agreements prior to the effective date of this Act, employers
shall be required to bargain collectively with regard to any matter concerning
wages, hours or conditions of employment about which they have bargained
for and agreed to in a collective bargaining agreement
prior to the effective date of this Act, except as provided in Section 7.5.

The chief judge of the judicial circuit that employs a public employee who
is
a court reporter, as defined in the Court Reporters Act, has the authority to
hire, appoint, promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.

Nothing in this amendatory Act of the 94th General Assembly shall
be construed to intrude upon the judicial functions of any court. This
amendatory Act of the 94th General Assembly applies only to nonjudicial
administrative matters relating to the collective bargaining rights of court
reporters.

(Source: P.A. 98-599, eff. 6-1-14.)

(Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional)

(Source: P.A. 94-98, eff. 7-1-05.)

(5 ILCS 315/5) (from Ch. 48, par. 1605)

Sec. 5. Illinois Labor Relations Board; State Panel; Local Panel.

(a) There is created the Illinois Labor Relations Board. The Board shall
be comprised of 2 panels, to be known as the State Panel and the Local Panel.

(a-5) The State Panel shall have jurisdiction over collective bargaining
matters between employee organizations and the State of Illinois, excluding the
General Assembly of the State of Illinois, between employee organizations and
units of local government and school districts with a population not in excess
of 2 million persons, and between employee organizations and the Regional
Transportation Authority.

The State Panel shall consist of 5 members appointed by the Governor, with
the advice and consent of the Senate. The Governor shall appoint to the State
Panel only persons who have had a minimum of 5 years of experience directly
related to labor and employment relations in representing public employers,
private employers or labor organizations; or teaching labor or employment
relations; or administering executive orders or regulations applicable to labor
or employment relations. At the time of his or her appointment, each member of
the State Panel shall be an Illinois resident. The Governor shall designate
one member to serve as the Chairman of the State Panel and the Board.

Notwithstanding any other provision of this Section, the term of each
member of the State Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
all of the successor members to be appointed pursuant to this amendatory Act
of the 93rd General Assembly have been appointed by the Governor, whichever
occurs later. As soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act.

The initial appointments under this amendatory Act of the 93rd
General Assembly shall be for terms as follows: The Chairman shall initially
be appointed for a term ending on the 4th Monday in January, 2007;
2 members shall be initially appointed for terms ending on the 4th Monday in
January, 2006; one member shall be initially appointed for a term
ending on the 4th Monday in January, 2005; and one member shall be
initially appointed for a term ending on the 4th Monday in January, 2004. Each
subsequent member shall be appointed for a term of 4 years, commencing on the
4th Monday in January. Upon expiration of the term of office of any appointive
member, that member shall continue to serve until a successor shall be
appointed and qualified. In case of a vacancy, a successor shall be appointed
to serve for the unexpired portion of the term. If the Senate is not in
session at the time the initial appointments are made, the Governor
shall make temporary appointments in the same manner successors are appointed
to fill vacancies. A temporary appointment shall remain in effect no longer
than 20 calendar days after the commencement of the next Senate session.

(b) The Local Panel shall have jurisdiction over collective bargaining
agreement matters between employee organizations and units of local government
with a population in excess of 2 million persons, but excluding the Regional
Transportation Authority.

The Local Panel shall consist of one person appointed by the Governor with
the advice and consent of the Senate (or, if no such person is appointed, the
Chairman of the State Panel) and two additional members, one appointed by the
Mayor of the City of Chicago and one appointed by the President of the Cook
County Board of Commissioners. Appointees to the Local Panel must have had a
minimum of 5 years of experience directly related to labor and employment
relations in representing public employers, private employers or labor
organizations; or teaching labor or employment relations; or administering
executive orders or regulations applicable to labor or employment relations.
Each member of the Local Panel shall be an Illinois resident at the time of
his or her appointment. The member appointed by the Governor (or, if no such
person is appointed, the Chairman of the State Panel) shall serve as the
Chairman of the Local Panel.

Notwithstanding any other provision of this Section, the term of the
member of the Local Panel who was appointed by the Governor and is in office
on June 30, 2003 shall terminate at the close of business on that date or when
his or her successor has been appointed by the Governor, whichever occurs
later. As soon as possible, the Governor shall appoint a person to fill the
vacancy created by this amendatory Act. The initial appointment under this
amendatory Act of the 93rd General Assembly shall be for a term ending on the
4th Monday in January, 2007.

The initial appointments under this amendatory Act of the 91st General
Assembly shall be for terms as follows: The member appointed by the Governor
shall initially be appointed for a term ending on the 4th Monday in January,
2001; the member appointed by the President of the Cook County Board shall be
initially appointed for a term ending on the 4th Monday in January, 2003; and
the member appointed by the Mayor of the City of Chicago shall be initially
appointed for a term ending on the 4th Monday in January, 2004. Each
subsequent member shall be appointed for a term of 4 years, commencing
on the 4th Monday in January. Upon expiration of the term of office of any
appointive member, the member shall continue to serve until a successor shall
be appointed and qualified. In the case of a vacancy, a successor shall be
appointed by the applicable appointive authority to serve for the unexpired
portion of the term.

(c) Three members of the State Panel shall at all times constitute
a quorum. Two members of the Local Panel shall at all times constitute a
quorum. A vacancy on a panel does not impair the right of the remaining
members to exercise all of the powers of that panel. Each panel shall adopt an
official seal which shall be judicially noticed. The salary of the Chairman of
the State Panel shall be $82,429 per year, or as set by the Compensation Review
Board, whichever is greater, and that of the other members of the State and
Local Panels shall be $74,188 per year, or as set by the Compensation Review
Board, whichever is greater.

(d) Each member shall devote his or her entire time to the duties of
the office, and shall hold no other office or position of profit, nor engage
in any other business, employment, or vocation.
No member shall hold any other public office or be employed as a labor
or management representative by the State or any political subdivision of
the State or of any department or agency thereof, or actively represent or act
on behalf of an employer or an employee organization or an employer in labor
relations matters. Any member of the State Panel may be removed
from office by the Governor for inefficiency,
neglect of duty, misconduct or malfeasance in office, and for no other cause,
and only upon notice and hearing. Any member of the Local Panel
may be removed from office by the applicable appointive authority for
inefficiency, neglect of duty, misconduct or malfeasance in office, and for no
other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal
year shall make a report in writing to the Governor and the General Assembly,
stating in detail the work it has done in hearing and deciding cases and
otherwise.

(f) In order to accomplish the objectives and carry out the duties
prescribed by this Act, a panel or its
authorized designees may hold elections to determine whether a labor
organization has majority status; investigate and attempt to resolve or settle
charges of unfair labor practices; hold hearings in order to carry out its
functions; develop and effectuate appropriate impasse resolution procedures for
purposes of resolving labor disputes; require the appearance of witnesses and
the production of evidence on any matter under inquiry; and administer oaths
and affirmations. The panels shall sign and report in
full an opinion in every case which they decide.

(g) Each panel may appoint or employ an executive
director, attorneys, hearing officers, mediators, fact-finders, arbitrators,
and such other employees as it may deem necessary to perform
its functions. The governing boards shall prescribe the duties
and qualifications of such persons appointed and, subject to the annual
appropriation, fix their compensation and provide for reimbursement of actual
and necessary expenses incurred in the performance of their duties. The Board shall employ a minimum of 16 attorneys and 6 investigators.

(h) Each panel shall exercise general supervision
over all attorneys which it employs and over the other persons employed to
provide necessary support services for such attorneys. The panels shall have final authority in respect to complaints
brought pursuant to this Act.

(i) The following rules and regulations shall be adopted by the panels meeting in joint session: (1) procedural rules and
regulations which shall govern all Board proceedings; (2) procedures for
election of exclusive bargaining representatives pursuant to Section 9, except
for the determination of appropriate bargaining units; and (3) appointment
of counsel pursuant to subsection (k) of this Section.

(j) Rules and regulations may be adopted, amended or rescinded only
upon a vote of 5 of the members of the State and Local Panels meeting
in joint session. The adoption,
amendment or rescission of rules and regulations shall be in conformity with
the requirements of the Illinois Administrative Procedure Act.

(k) The panels in joint session shall promulgate
rules and regulations providing for the appointment of attorneys or other Board
representatives to represent persons in unfair labor practice proceedings
before a panel. The regulations governing appointment
shall require the applicant to demonstrate an inability to pay for or inability
to otherwise provide for adequate representation before a panel. Such rules
must also provide: (1) that an attorney may not be
appointed in cases which, in the opinion of a panel, are clearly
without merit; (2) the stage of the unfair labor proceeding at which counsel
will be appointed; and (3) the circumstances under which a client will be
allowed to select counsel.

(1) The panels in joint session may promulgate
rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative
of the party’s choice.

(m) The Chairman of the State Panel shall serve
as Chairman of a joint session of the panels.
Attendance of at least 2 members of the State Panel and at least one
member of the Local Panel, in addition to
the Chairman, shall constitute a quorum at a joint session. The panels shall
meet in joint session at least annually.

(Source: P.A. 96-813, eff. 10-30-09.)

(5 ILCS 315/5.1)

Sec. 5.1.
Dissolution of Illinois State Labor Relations Board and Illinois
Local Labor Relations Board; transfer and savings provisions.

(a) The Illinois State Labor Relations Board is dissolved. The State Panel
of the Illinois Labor Relations Board, created by this amendatory Act of the
91st General Assembly, shall succeed to all of the powers, duties, rights, and
property, including contractual rights and obligations, of the Illinois State
Labor Relations Board. Rules, procedures, and
decisions of the Illinois State Labor Relations Board in effect at the time of
its dissolution shall be deemed to be those of the State Panel of the Illinois
Labor Relations Board. Matters pending before the Illinois State Labor
Relations Board at the time of its dissolution shall continue as matters
before the State Panel of the Illinois Labor Relations Board.
The State Panel of the Illinois Labor Relations Board shall be deemed successor
in interest to the Illinois State Labor Relations Board for the purposes of any
pending litigation.

(b) The Illinois Local Labor Relations Board is dissolved. The Local Panel
of the Illinois Labor Relations Board, created by this amendatory Act of the
91st General Assembly, shall succeed to all of the powers, duties, rights, and
property, including contractual rights and obligations, of the Illinois Local
Labor Relations Board. Rules, procedures, and
decisions of the Illinois Local Labor Relations Board in effect at the time of
its dissolution shall be deemed to be those of the Local Panel of the Illinois
Labor Relations Board. Matters pending before the Illinois Local Labor
Relations Board at the time of its dissolution shall continue as matters
before the Local Panel of the Illinois Labor Relations Board.
The Local Panel of the Illinois Labor Relations Board shall be deemed successor
in interest to the Illinois Local Labor Relations Board for the purposes of any
pending litigation.

(c) Rules and procedures adopted jointly by the Illinois State Labor
Relations Board and the Illinois Local Labor Relations Board that are in effect
at the time of the dissolution of those Boards shall be deemed to have been
adopted jointly by the State and Local Panels of the Illinois Labor Relations
Board.

(d) Fiscal Year 2000 appropriations to the Illinois State Labor Relations
Board and the Illinois Local Labor Relations Board may be expended by the
Illinois Labor Relations Board.

(e) Persons employed by the Illinois State Labor Relations Board or the
Illinois Local Labor Relations Board on the date of the dissolution of those
Boards shall thereupon become employees, respectively, of the State Panel or
the Local Panel of the Illinois Labor Relations Board, without loss of
seniority or accrued benefits.

(Source: P.A. 91-798, eff. 7-9-00.)

(5 ILCS 315/6) (from Ch. 48, par. 1606)

Sec. 6. Right to organize and bargain collectively; exclusive
representation; and fair share arrangements.

(a) Employees of the State and
any political subdivision of the State, excluding employees of the General
Assembly of the State of Illinois and employees excluded from the definition of “public employee” under subsection (n) of Section 3 of this Act, have, and are protected in the exercise
of, the right of self-organization,
and may form, join or assist any labor organization, to bargain collectively
through representatives of their own choosing on questions of wages, hours
and other conditions of employment, not excluded by Section 4 of this Act,
and to engage in other concerted activities not otherwise prohibited by law
for the purposes of collective bargaining or other mutual aid or protection,
free from interference, restraint or coercion. Employees also have, and
are protected in the exercise of, the right to refrain from participating
in any such concerted activities. Employees may be required,
pursuant to the terms of a lawful fair share agreement, to pay a fee which
shall be their proportionate share
of the costs of the collective bargaining process, contract administration
and pursuing matters affecting wages, hours and other conditions of employment
as defined in Section 3(g).

(b) Nothing in this Act prevents an employee from presenting a grievance
to the employer and having the grievance heard and settled without the
intervention of an employee organization; provided that the exclusive
bargaining representative is afforded the opportunity to be present at such
conference and that any settlement made shall not be inconsistent with the
terms of any agreement in effect between the employer and the exclusive
bargaining representative.

(c) A labor organization designated by the Board as the representative
of the majority of public employees in an appropriate unit in accordance
with the procedures herein or recognized
by a public employer as the representative of the majority of public employees
in an appropriate unit is the exclusive representative for the employees
of such unit for the purpose of collective bargaining with respect to rates
of pay, wages, hours and other conditions of employment not excluded by
Section 4 of this Act. Unless otherwise mutually agreed, a public employer is required at least once each month and upon request, to furnish the exclusive bargaining representative with a complete list of the names and addresses of the public employees in the bargaining unit, provided that a public employer shall not be required to furnish such a list more than once per payroll period. The exclusive bargaining representative shall use the list exclusively for bargaining representation purposes and shall not disclose any information contained in the list for any other purpose. Nothing in this Section, however, shall prohibit a bargaining representative from disseminating a list of its union members.

At the time the public employer provides such list, it shall also provide to the exclusive representative, in an Excel file or other mutually agreed upon editable digital file format, the employee’s job title, worksite location, work telephone numbers, identification number if available, and any home and personal cellular telephone numbers on file with the employer, date of hire, work email address, and any personal email address on file with the employer. In addition, unless otherwise mutually agreed, within 10 calendar days from the date of hire of a bargaining unit employee, the public employer shall provide to the exclusive representative, in an electronic file or other mutually agreed upon format, the following information about the new employee: the employee’s name, job title, worksite location, home address, work telephone numbers, and any home and personal cellular telephone numbers on file with the employer, date of hire, work email address, and any personal email address on file with the employer.

(c-5) No employer shall disclose the following information of any employee: (1) the employee’s home address (including ZIP code and county); (2) the employee’s date of birth; (3) the employee’s home and personal phone number; (4) the employee’s personal email address; (5) any information personally identifying employee membership or membership status in a labor organization or other voluntary association affiliated with a labor organization or a labor federation (including whether employees are members of such organization, the identity of such organization, whether or not employees pay or authorize the payment of any dues or moneys to such organization, and the amounts of such dues or moneys); and (6) emails or other communications between a labor organization and its members.

As soon as practicable after receiving a request for any information prohibited from disclosure under this subsection (c-5), excluding a request from the exclusive bargaining representative of the employee, the employer must provide a written copy of the request, or a written summary of any oral request, to the exclusive bargaining representative of the employee or, if no such representative exists, to the employee. The employer must also provide a copy of any response it has made within 5 business days of sending the response to any request.

If an employer discloses information in violation of this subsection (c-5), an aggrieved employee of the employer or his or her exclusive bargaining representative may file an unfair labor practice charge with the Illinois Labor Relations Board pursuant to Section 10 of this Act or commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, if an employer willfully and wantonly discloses information in violation of this subsection. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the employer is located shall have jurisdiction in this matter.

This subsection does not apply to disclosures (i) required under the Freedom of Information Act, (ii) for purposes of conducting public operations or business, or (iii) to the exclusive representative.

(c-10) Employers shall provide to exclusive representatives, including their agents and employees, reasonable access to employees in the bargaining units they represent. This access shall at all times be conducted in a manner so as not to impede normal operations.

(1) Access includes the following:

(A) the right to meet with one or more employees on the employer’s premises during the work day to investigate and discuss grievances and workplace-related complaints without charge to pay or leave time of employees or agents of the exclusive representative;
(B) the right to conduct worksite meetings during lunch and other non-work breaks, and before and after the workday, on the employer’s premises to discuss collective bargaining negotiations, the administration of collective bargaining agreements, other matters related to the duties of the exclusive representative, and internal matters involving the governance or business of the exclusive representative, without charge to pay or leave time of employees or agents of the exclusive representative;
(C) the right to meet with newly hired employees, without charge to pay or leave time of the employees or agents of the exclusive representative, on the employer’s premises or at a location mutually agreed to by the employer and exclusive representative for up to one hour either within the first two weeks of employment in the bargaining unit or at a later date and time if mutually agreed upon by the employer and the exclusive representative; and
(D) the right to use the facility mailboxes and bulletin boards of the employer to communicate with bargaining unit employees regarding collective bargaining negotiations, the administration of the collective bargaining agreements, the investigation of grievances, other workplace-related complaints and issues, and internal matters involving the governance or business of the exclusive representative.

(2) Nothing in this Section shall prohibit an employer and exclusive representative from agreeing in a collective bargaining agreement to provide the exclusive representative greater access to bargaining unit employees, including through the use of the employer’s email system.

(d) Labor organizations recognized by a public employer as the exclusive
representative or so designated in accordance with the provisions of this
Act are responsible for representing the interests of all public employees
in the unit. Nothing herein shall be construed to limit an exclusive
representative’s right to exercise its discretion to refuse to process
grievances of employees that are unmeritorious.

(e) When a collective bargaining agreement is entered into with an exclusive
representative, it may include in the agreement a provision requiring employees
covered by the agreement who are not members of the organization to pay
their proportionate share of the costs of the collective bargaining process,
contract administration and pursuing matters affecting wages, hours and
conditions of employment, as defined in Section 3 (g), but not to exceed
the amount of dues uniformly required of members. The organization shall
certify to the employer the amount constituting each nonmember employee’s
proportionate share which shall not exceed dues uniformly required of members.
In such case, the proportionate share payment in this Section shall be deducted
by the employer from the earnings of the nonmember employees and paid to
the employee organization.

(f) Employers shall make payroll deductions
of labor organization dues, initiation fees,
assessments, and other payments for a labor organization that is the exclusive representative. Such deductions shall be made in accordance with the terms of an employee’s written
authorization, and shall be paid to the exclusive representative. Written authorization may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Uniform Electronic Transactions Act.

There is no impediment to an employee’s right to resign union membership at any time. However, notwithstanding any other provision of law to the contrary regarding authorization and deduction of dues or other payments to a labor organization, the exclusive representative and a public employee may agree to reasonable limits on the right of the employee to revoke such authorization, including a period of irrevocability that exceeds one year. An authorization that is irrevocable for one year, which may be automatically renewed for successive annual periods in accordance with the terms of the authorization, and that contains at least an annual 10-day period of time during which the employee may revoke the authorization, shall be deemed reasonable.

This Section shall apply to all claims that allege that a labor organization or a public employer has improperly deducted or collected dues from an employee without regard to whether the claims or the facts upon which they are based occurred before, on, or after the effective date of this amendatory Act of the 101st General Assembly and shall apply retroactively to the maximum extent permitted by law.

(f-5) Where a collective bargaining agreement is terminated, or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse under Section 14, the employer shall continue to honor and abide by any dues deduction or fair share clause contained therein until a new agreement is reached including dues deduction or a fair share clause. For the benefit of any successor exclusive representative certified under this Act, this provision shall be applicable, provided the successor exclusive representative:

(i) certifies to the employer the amount constituting each non-member’s proportionate share under subsection (e); or
(ii) presents the employer with employee written authorizations for the deduction of dues, assessments, and fees under this subsection.

Failure to so honor and abide by dues deduction or fair share clauses for the benefit of any exclusive representative, including a successor, shall be a violation of the duty to bargain and an unfair labor practice.

(f-10) Upon receiving written notice of authorization, the public employer must commence dues deductions as soon as practicable, but in no case later than 30 days after receiving notice from the labor organization. Employee deductions shall be transmitted to the labor organization no later than 30 days after they are deducted unless a shorter period is mutually agreed to.

(f-15) Deductions shall remain in effect until:

(1) the public employer receives notice that a public employee has revoked their authorization in writing in accordance with the terms of the authorization; or
(2) the individual employee is no longer employed by the public employer in a bargaining unit position represented by the same exclusive representative, provided that if the employee is, within a period of one year, employed by the same public employer in a position represented by the same labor organization, the right to dues deduction shall be automatically reinstated.

Nothing in this subsection prevents an employee from continuing to authorize payroll deductions when no longer represented by the exclusive representative that would receive such deduction.

Should the individual employee who has signed a dues deduction authorization card either be removed from a public employer’s payroll or otherwise placed on any type of involuntary or voluntary leave of absence, whether paid or unpaid, the public employee’s dues deduction shall be continued upon that public employee’s return to the payroll in a bargaining unit position represented by the same exclusive representative or restoration to active duty from such a leave of absence.

(f-20) Unless otherwise mutually agreed by the public employer and the exclusive representative, employee requests to authorize, revoke, cancel, or change authorizations for payroll deductions for labor organizations shall be directed to the labor organization rather than to the public employer. The labor organization shall be responsible for initially processing and notifying the public employer of proper requests or providing proper requests to the employer. If the requests are not provided to the public employer, the employer shall rely on information provided by the labor organization regarding whether deductions for a labor organization were properly authorized, revoked, canceled, or changed, and the labor organization shall indemnify the public employer for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on that information.

(f-25) Upon receipt by the exclusive representative of an appropriate written authorization from an employee, written notice of authorization shall be provided to the employer and any authorized deductions shall be made in accordance with law. The labor organization shall indemnify the public employer for any damages and reasonable costs incurred for any claims made by employees for deductions made in good faith reliance on its notification.

(f-30) The failure of an employer to comply with the provisions of this Section shall be a violation of the duty to bargain and an unfair labor practice. Relief for the violation shall be reimbursement by the public employer of dues that should have been deducted or paid based on a valid authorization given by the employee or employees. In addition, the provisions of a collective bargaining agreement that contain the obligations set forth in this Section may be enforced in accordance with Sections 8 and 16.

(f-35) The Illinois Labor Relations Board shall have exclusive jurisdiction over claims under Illinois law that allege that a labor organization has unlawfully collected dues from a public employee in violation of this Act. The Board shall by rule require that in cases in which a public employee alleges that a labor organization has unlawfully collected dues, the public employer shall continue to deduct the employee’s dues from the employee’s pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. If the exclusive representative maintains an escrow account for the purpose of holding dues to which an employee has objected, the employer shall transmit the entire amount of dues to the exclusive representative, and the exclusive representative shall hold in escrow the dues that the employer would otherwise have been required to transmit to the Board for escrow; provided that the escrow account maintained by the exclusive representative complies with rules adopted by the Board or that the collective bargaining agreement requiring the payment of the dues contains an indemnification provision for the purpose of indemnifying the employer with respect to the employer’s transmission of dues to the exclusive representative.

(f-40) If any clause, sentence, paragraph, or subparagraph of this Section shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or subparagraph of this Section directly involved in the controversy in which that judgment shall have been rendered.

If any clause, sentence, paragraph, or part of a signed authorization for payroll deductions shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder of the signed authorization, but shall be confined in its operation to the clause, sentence, paragraph, or part of the signed authorization directly involved in the controversy in which that judgment shall have been rendered.

(g) Agreements containing a fair share agreement must safeguard the right
of nonassociation of employees based upon bona fide religious tenets or
teachings of a church or religious body of which such employees are members.
Such employees may be required to pay an amount equal to their fair share,
determined under a lawful fair share agreement, to a nonreligious charitable
organization mutually agreed upon by the employees affected and the exclusive
bargaining representative to which such employees would otherwise pay such
service fee. If the affected employees and the bargaining representative
are unable to reach an agreement on the matter, the Board may establish an
approved list of charitable organizations to which such payments may be made.

(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21.)

(5 ILCS 315/6.1)

Sec. 6.1. Gubernatorial designation of certain public employment positions as excluded from collective bargaining.

(a) Notwithstanding any provision of this Act to the contrary, except subsections (e) and (f) of this Section, the Governor is authorized to designate up to 3,580 State employment positions collectively within State agencies directly responsible to the Governor, and, upon designation, those positions and employees in those positions, if any, are hereby excluded from the self-organization and collective bargaining provisions of Section 6 of this Act. Only those employment positions that have been certified in a bargaining unit on or after December 2, 2008, that have a pending petition for certification in a bargaining unit on April 5, 2013 (the effective date of Public Act 97-1172), or that neither have been certified in a bargaining unit on or after December 2, 2008 nor have a pending petition for certification in a bargaining unit on the effective date of this amendatory Act of the 97th General Assembly are eligible to be designated by the Governor under this Section. The Governor may not designate under this Section, however, more than 1,900 employment positions that have been certified in a bargaining unit on or after December 2, 2008.

(b) In order to properly designate a State employment position under this Section, the Governor shall provide in writing to the Board: the job title and job duties of the employment position; the name of the State employee currently in the employment position, if any; the name of the State agency employing the public employee; and the category under which the position qualifies for designation under this Section.

To qualify for designation under this Section, the employment position must meet one or more of the following requirements:

(1) it must authorize an employee in that position to act as a legislative liaison;
(2) it must have a title of, or authorize a person who holds that position to exercise substantially similar duties as an, Agency General Counsel, Agency Chief of Staff, Agency Executive Director, Agency Deputy Director, Agency Chief Fiscal Officer, Agency Human Resources Director, Senior Public Service Administrator, Public Information Officer, or Chief Information Officer;
(3) it must be a Rutan-exempt, as designated by the employer, position and completely exempt from jurisdiction B of the Personnel Code;
(4) it must be a term appointed position pursuant to Section 8b.18 or 8b.19 of the Personnel Code; or
(5) it must authorize an employee in that position to have significant and independent discretionary authority as an employee.

Within 60 days after the Governor makes a designation under this Section, the Board shall determine, in a manner that is consistent with the requirements of due process, whether the designation comports with the requirements of this Section.

(c) For the purposes of this Section, a person has significant and independent discretionary authority as an employee if he or she (i) is engaged in executive and management functions of a State agency and charged with the effectuation of management policies and practices of a State agency or represents management interests by taking or recommending discretionary actions that effectively control or implement the policy of a State agency or (ii) qualifies as a supervisor of a State agency as that term is defined under Section 152 of the National Labor Relations Act or any orders of the National Labor Relations Board interpreting that provision or decisions of courts reviewing decisions of the National Labor Relations Board.

(d) The Governor must exercise the authority afforded under this Section within 365 calendar days after April 5, 2013 (the effective date of Public Act 97-1172). Any designation made by the Governor under this Section shall be presumed to have been properly made.

If the Governor chooses not to designate a position under this Section, then that decision does not preclude a State agency from otherwise challenging the certification of that position under this Act.

The qualifying categories set forth in paragraphs (1) through (5) of subsection (b) of this Section are operative and function solely within this Section and do not expand or restrict the scope of any other provision contained in this Act.

(e) The provisions of this Section do not apply to any employee who is employed by a public employer and who is classified as, or holds the employment title of, Chief Stationary Engineer, Assistant Chief Stationary Engineer, Sewage Plant Operator, Water Plant Operator, Stationary Engineer, Plant Operating Engineer, and any employee who holds the position of: Civil Engineer V, Civil Engineer VI, Civil Engineer VII, Technical Manager I, Technical Manager II, Technical Manager III, Technical Manager IV, Technical Manager V, Technical Manager VI, Realty Specialist III, Realty Specialist IV, Realty Specialist V, Technical Advisor I, Technical Advisor II, Technical Advisor III, Technical Advisor IV, or Technical Advisor V employed by the Department of Transportation who is in a position which is certified in a bargaining unit on or before the effective date of this amendatory Act of the 98th General Assembly.

(f) The provisions of this Section also do not apply to any mental health administrator in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 8K), any employee of the Office of the Inspector General in the Department of Human Services who is classified as or who holds the position of Public Service Administrator (Option 7), any Deputy of Intelligence in the Department of Corrections who is classified as or who holds the position of Public Service Administrator (Option 7), or any employee of the Illinois State Police who handles issues concerning the Illinois State Police Sex Offender Registry and who is classified as or holds the position of Public Service Administrator (Option 7).

(Source: P.A. 102-538, eff. 8-20-21.)

(5 ILCS 315/6.5)

Sec. 6.5. Defense to liability.

(a) The General Assembly declares that public employees who paid agency or fair share fees as a condition of public employment in accordance with State laws and United States Supreme Court precedent prior to June 27, 2018 had no legitimate expectation of receiving that money back under any then available cause of action. Public employers and labor organizations who relied on State law and Supreme Court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees were paid for collective bargaining representation that employee organizations were obligated by State law to provide to employees. Additionally, it should be presumed that employees who signed written membership or dues authorization agreements prior to this time knew and freely accepted the contractual obligations set forth in those agreements. Application of this Section to claims pending on the effective date of this amendatory Act of the 101st General Assembly will preserve, rather than interfere with, important reliance interests. This Section is therefore necessary to provide certainty to public employers and labor organizations that relied on State law and to avoid disruption of public employee labor relations after the United States Supreme Court’s decision in Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018).

(b) No public employer or labor organization, or any of its employees or agents, shall be liable for, and they shall have a complete defense to, any claims or actions under the laws of this State for requiring, deducting, receiving, or retaining dues, agency fees, or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions if the dues or fees were permitted under the laws of this State then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018.

(c) This Section shall apply to claims and actions pending on the effective date of this amendatory Act of the 101st General Assembly, as well to claims and actions on or after that date.

(d) This Section is a declaration of existing law and shall not be construed as a new enactment.

(Source: P.A. 101-620, eff. 12-20-19.)

(5 ILCS 315/7) (from Ch. 48, par. 1607)

Sec. 7. Duty to bargain. A public employer and the exclusive representative
have the authority and the duty to bargain collectively set forth in this
Section.

For the purposes of this Act, “to bargain collectively” means the performance
of the mutual obligation of the public employer or his designated
representative and the representative of the public employees to meet at
reasonable times, including meetings in advance of the budget-making process,
and to negotiate in good faith with respect to wages, hours, and other
conditions
of employment, not excluded by Section 4 of this Act, or the negotiation
of an agreement, or any question arising
thereunder and the execution of a written contract incorporating any agreement
reached if requested by either party, but such obligation does not compel
either party to agree to a proposal or require the making of a concession.

The duty “to bargain collectively” shall also include an obligation to
negotiate over any matter with respect to wages, hours and other conditions
of employment, not specifically provided for in any other law or not specifically
in violation of the provisions
of any law. If any other law pertains, in part, to a matter affecting
the wages, hours and other conditions of employment, such other law shall
not be construed as limiting the duty “to bargain collectively” and to enter
into collective bargaining agreements containing clauses which either supplement,
implement, or relate to the effect of such provisions in other laws.

The duty “to bargain collectively” shall also include negotiations
as to the terms of a collective bargaining agreement.
The parties may, by mutual agreement, provide for arbitration of impasses
resulting from their inability to agree upon wages, hours and terms and
conditions of employment to be included in a collective bargaining agreement.
Such arbitration provisions shall be subject to the Illinois “Uniform Arbitration
Act” unless agreed by the parties.

The duty “to bargain collectively” shall also mean that no party to a collective
bargaining contract shall terminate or modify such contract, unless the
party desiring such termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification;
(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(3) notifies the Board within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time; and
(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given to the other party or until the expiration date of such contract, whichever occurs later.

The duties imposed upon employers, employees and labor organizations by
paragraphs (2), (3) and (4) shall become inapplicable upon an intervening
certification of the Board, under which the labor organization, which is
a party to the contract, has been superseded as or ceased to be the exclusive
representative
of the employees pursuant to the provisions of subsection (a) of Section
9, and the duties so imposed shall not be construed as requiring either
party to discuss or agree to any modification of the terms and conditions
contained in a contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the provisions
of the contract.

Collective bargaining for home care and home health workers who function as personal assistants and individual maintenance home health workers
under
the Home Services Program shall be limited to the terms and conditions of
employment
under the State’s control, as defined in Public Act 93-204 or this amendatory Act of the 97th General Assembly, as applicable.

Collective bargaining for child and day care home providers under the child care assistance program shall be limited to the terms and conditions of employment under the State’s control, as defined in this amendatory Act of the 94th General Assembly.

Notwithstanding any other provision of this Section, whenever collective bargaining is for the purpose of establishing an initial agreement following original certification of units with fewer than 35 employees, with respect to public employees other than peace officers, fire fighters, and security employees, the following apply:

(1) Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly certified as a representative as defined in Section 6(c), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
(2) If anytime after the expiration of the 90-day period beginning on the date on which bargaining is commenced the parties have failed to reach an agreement, either party may notify the Illinois Public Labor Relations Board of the existence of a dispute and request mediation in accordance with the provisions of Section 14 of this Act.
(3) If after the expiration of the 30-day period beginning on the date on which mediation commenced, or such additional period as the parties may agree upon, the mediator is not able to bring the parties to agreement by conciliation, either the exclusive representative of the employees or the employer may request of the other, in writing, arbitration and shall submit a copy of the request to the board. Upon submission of the request for arbitration, the parties shall be required to participate in the impasse arbitration procedures set forth in Section 14 of this Act, except the right to strike shall not be considered waived pursuant to Section 17 of this Act, until the actual convening of the arbitration hearing. (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)

(5 ILCS 315/7.5)

(This Section was added by P.A. 98-599, which has been held unconstitutional)

Sec. 7.5. Duty to bargain regarding pension amendments.

(a) Notwithstanding any provision of this Act, employers shall not be required to bargain over matters affected by the changes, the impact of changes, and the implementation of changes made to Article 14, 15, or 16 of the Illinois Pension Code, or Article 1 of that Code as it applies to those Articles, made by this amendatory Act of the 98th General Assembly, or over any other provision of Article 14, 15, or 16 of the Illinois Pension Code, or of Article 1 of that Code as it applies to those Articles, which are prohibited subjects of bargaining; nor shall the changes, the impact of changes, or the implementation of changes made to Article 14, 15, or 16 of the Illinois Pension Code, or to Article 1 of that Code as it applies to those Articles, by this amendatory Act of the 98th General Assembly or any other provision of Article 14, 15, or 16 of the Illinois Pension Code, or of Article 1 of that Code as it applies to those Articles, be subject to interest arbitration or any award issued pursuant to interest arbitration. The provisions of this Section shall not apply to an employment contract or collective bargaining agreement that is in effect on the effective date of this amendatory Act of the 98th General Assembly. However, any such contract or agreement that is subsequently modified, amended, or renewed shall be subject to the provisions of this Section. The provisions of this Section shall also not apply to the ability of an employer and employee representative to bargain collectively with regard to the pick up of employee contributions pursuant to Section 14-133.1, 15-157.1, or 16-152.1 of the Illinois Pension Code.

(b) Nothing in this Section, however, shall be construed as otherwise limiting any of the obligations and requirements applicable to each employer under any of the provisions of this Act, including, but not limited to, the requirement to bargain collectively with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by employee representatives, except for the matters deemed prohibited subjects of bargaining under subsection (a) of this Section. Nothing in this Section shall further be construed as otherwise limiting any of the rights of employees or employee representatives under the provisions of this Act, except for matters deemed prohibited subjects of bargaining under subsection (a) of this Section.

(c) In case of any conflict between this Section and any other provisions of this Act or any other law, the provisions of this Section shall control.

(Source: P.A. 98-599, eff. 6-1-14.)

(5 ILCS 315/8) (from Ch. 48, par. 1608)

Sec. 8.
Grievance Procedure.
The collective bargaining agreement negotiated
between the employer and the exclusive representative shall contain a grievance
resolution procedure which shall apply to all employees in the bargaining
unit and shall provide for final and binding arbitration of disputes concerning
the administration or interpretation of the agreement unless mutually agreed
otherwise. Any agreement containing a final and binding arbitration provision
shall also contain a provision prohibiting strikes for the duration of the
agreement. The grievance and
arbitration provisions of any collective bargaining agreement shall be subject
to the Illinois “Uniform Arbitration Act”. The costs of such arbitration
shall be borne equally by the employer and the employee organization.

(Source: P.A. 83-1012.)

(5 ILCS 315/9) (from Ch. 48, par. 1609)

Sec. 9. Elections; recognition.

(a) Whenever in accordance with such
regulations as may be prescribed by the Board a petition has been filed:

(1) by a public employee or group of public employees or any labor organization acting in their behalf demonstrating that 30% of the public employees in an appropriate unit (A) wish to be represented for the purposes of collective bargaining by a labor organization as exclusive representative, or (B) asserting that the labor organization which has been certified or is currently recognized by the public employer as bargaining representative is no longer the representative of the majority of public employees in the unit; or
(2) by a public employer alleging that one or more labor organizations have presented to it a claim that they be recognized as the representative of a majority of the public employees in an appropriate unit, the Board shall investigate such petition, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing shall be held at the offices of the Board or such other location as the Board deems appropriate. If it finds upon the record of the hearing that a question of representation exists, it shall direct an election in accordance with subsection (d) of this Section, which election shall be held not later than 120 days after the date the petition was filed regardless of whether that petition was filed before or after July 1, 1988 (the effective date of Public Act 85-924); provided, however, the Board may extend the time for holding an election by an additional 60 days if, upon motion by a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing, or upon the Board’s own motion, the Board finds that good cause has been shown for extending the election date; provided further, that nothing in this Section shall prohibit the Board, in its discretion, from extending the time for holding an election for so long as may be necessary under the circumstances, where the purpose for such extension is to permit resolution by the Board of an unfair labor practice charge filed by one of the parties to a representational proceeding against the other based upon conduct which may either affect the existence of a question concerning representation or have a tendency to interfere with a fair and free election, where the party filing the charge has not filed a request to proceed with the election; and provided further that prior to the expiration of the total time allotted for holding an election, a person who has filed a petition under this Section or is the subject of a petition filed under this Section and is a party to such hearing or the Board, may move for and obtain the entry of an order in the circuit court of the county in which the majority of the public employees sought to be represented by such person reside, such order extending the date upon which the election shall be held. Such order shall be issued by the circuit court only upon a judicial finding that there has been a sufficient showing that there is good cause to extend the election date beyond such period and shall require the Board to hold the election as soon as is feasible given the totality of the circumstances. Such 120-day period may be extended one or more times by the agreement of all parties to the hearing to a date certain without the necessity of obtaining a court order. The showing of interest in support of a petition filed under paragraph (1) of this subsection (a) may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Electronic Commerce Security Act. The showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. Nothing in this Section prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the rules and regulations of the Board or an election in a unit agreed upon by the parties. Other interested employee organizations may intervene in the proceedings in the manner and within the time period specified by rules and regulations of the Board. Interested parties who are necessary to the proceedings may also intervene in the proceedings in the manner and within the time period specified by the rules and regulations of the Board.

(a-5) The Board shall designate an exclusive representative for purposes
of
collective bargaining when the representative demonstrates a showing of
majority interest by employees in the unit. If the parties to a dispute are
without
agreement on the means to ascertain the choice, if any, of employee
organization
as their representative, the Board shall ascertain the employees’ choice of
employee organization, on the basis of dues deduction authorization or other
evidence, or, if necessary, by conducting an election. The showing of interest in support of a petition filed under this subsection (a-5) may be evidenced by electronic communications, and such writing or communication may be evidenced by the electronic signature of the employee as provided under Section 5-120 of the Electronic Commerce Security Act. The showing of interest shall be valid only if signed within 12 months prior to the filing of the petition. All evidence submitted by an employee organization to the Board to ascertain an employee’s choice of an employee organization is confidential and shall not be submitted to the employer for review. The Board shall ascertain the employee’s choice of employee organization within 120 days after the filing of the majority interest petition; however, the Board may extend time by an additional 60 days, upon its own motion or upon the motion of a party to the proceeding. If either party provides
to the Board, before the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other evidence upon which
the Board would otherwise rely to ascertain the employees’ choice of
representative, are fraudulent or were obtained through coercion, the Board
shall promptly thereafter conduct an election. The Board shall also investigate
and consider a party’s allegations that the dues deduction authorizations and
other evidence submitted in support of a designation of representative without
an election were subsequently changed, altered, withdrawn, or withheld as a
result of employer fraud, coercion, or any other unfair labor practice by the
employer. If the Board determines that a labor organization would have had a
majority interest but for an employer’s fraud, coercion, or unfair labor
practice, it shall designate the labor organization as an exclusive
representative without conducting an
election. If a hearing is necessary to resolve any issues of representation under this Section, the Board shall conclude its hearing process and issue a certification of the entire appropriate unit not later than 120 days after the date the petition was filed. The 120-day period may be extended one or more times by the agreement of all parties to a hearing to a date certain.

(a-6) A labor organization or an employer may file a unit clarification petition seeking to clarify an existing bargaining unit. Unit clarification petitions may be filed if: (1) substantial changes occur in the duties and functions of an existing job title, raising an issue as to the title’s unit placement; (2) an existing job title that is logically encompassed within the existing unit was inadvertently excluded by the parties at the time the unit was established; (3) a newly created job title is logically encompassed within an existing unit; (4) a significant change takes place in statutory or case law that affects the bargaining rights of employees; (5) a determination needs to be made as to the unit placement of positions in dispute following a majority interest certification of representative issued under subsection (a-5); (6) a determination needs to be made as to the unit placement of positions in dispute following a certification of representative issued following a direction of election under subsection (d); (7) the parties have agreed to eliminate a position or title because the employer no longer uses it; (8) the parties have agreed to exclude some of the positions in a title or classification from a bargaining unit and include others; or (9) as prescribed in rules set by the Board. The Board shall conclude its investigation, including any hearing process deemed necessary, and issue a certification of clarified unit or dismiss the petition not later than 120 days after the date the petition was filed. The 120-day period may be extended one or more times by the agreement of all parties to a hearing to a date certain.

(b) The Board shall decide in each case, in order to assure public employees
the fullest freedom in exercising the rights guaranteed by this Act, a unit
appropriate for the purpose of collective bargaining, based upon but not
limited to such factors as: historical pattern of recognition; community
of interest including employee skills and functions; degree of functional
integration; interchangeability and contact among employees; fragmentation
of employee groups; common supervision, wages, hours and other working
conditions of the employees involved; and the desires of the employees.
For purposes of this subsection, fragmentation shall not be the sole or
predominant factor used by the Board in determining an appropriate
bargaining unit. Except with respect to non-State fire fighters and
paramedics employed by fire departments and fire protection districts,
non-State peace officers and peace officers in the Illinois State Police, a single bargaining unit determined by the
Board may not include both supervisors and nonsupervisors, except for
bargaining units in existence on the effective date of this Act. With
respect to non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace officers and
peace officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on January 1, 1986 (the effective
date of Public Act 84-1104).

In cases involving an historical pattern of recognition, and in cases where
the employer has recognized the union as the sole and exclusive bargaining
agent for a specified existing unit, the Board shall find the employees
in the unit then represented by the union pursuant to the recognition to
be the appropriate unit.

Notwithstanding the above factors, where the majority of public employees
of a craft so decide, the Board shall designate such craft as a unit
appropriate for the purposes of collective bargaining.

The Board shall not decide that any unit is appropriate if such unit
includes both professional and nonprofessional employees, unless a majority
of each group votes for inclusion in such unit.

(c) Nothing in this Act shall interfere with or negate the current
representation rights or patterns and practices of labor organizations
which have historically represented public employees for the purpose of
collective bargaining, including but not limited to the negotiations of
wages, hours and working conditions, discussions of employees’ grievances,
resolution of jurisdictional disputes, or the establishment and maintenance
of prevailing wage rates, unless a majority of employees so represented
express a contrary desire pursuant to the procedures set forth in this Act.

(d) In instances where the employer does not voluntarily recognize a labor
organization as the exclusive bargaining representative for a unit of
employees, the Board shall determine the majority representative of the
public employees in an appropriate collective bargaining unit by conducting
a secret ballot election, except as otherwise provided in subsection (a-5). Such a secret ballot election may be conducted electronically, using an electronic voting system, in addition to paper ballot voting systems.
Within 7 days after the Board issues its
bargaining unit determination and direction of election or the execution of
a stipulation for the purpose of a consent election, the public employer
shall submit to the labor organization the complete names and addresses of
those employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined that a labor
organization has been fairly and freely chosen by a majority of employees
in an appropriate unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of employees in an
appropriate unit has fairly and freely chosen not to be represented by a
labor organization, it shall so certify. The Board may also revoke the
certification of the public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot election to be no
longer the majority representative.

(e) The Board shall not conduct an election in any bargaining unit or
any subdivision thereof within which a valid election has been held in the
preceding 12-month period. The Board shall determine who is eligible to
vote in an election and shall establish rules governing the conduct of the
election or conduct affecting the results of the election. The Board shall
include on a ballot in a representation election a choice of “no
representation”. A labor organization currently representing the bargaining
unit of employees shall be placed on the ballot in any representation
election. In any election where none of the choices on the ballot receives
a majority, a runoff election shall be conducted between the 2 choices
receiving the largest number of valid votes cast in the election. A labor
organization which receives a majority of the votes cast in an election
shall be certified by the Board as exclusive representative of all public
employees in the unit.

(f) A labor
organization shall be designated as the exclusive representative by a
public employer, provided that the labor
organization represents a majority of the public employees in an
appropriate unit. Any employee organization which is designated or selected
by the majority of public employees, in a unit of the public employer
having no other recognized or certified representative, as their
representative for purposes of collective bargaining may request
recognition by the public employer in writing. The public employer shall
post such request for a period of at least 20 days following its receipt
thereof on bulletin boards or other places used or reserved for employee
notices.

(g) Within the 20-day period any other interested employee organization
may petition the Board in the manner specified by rules and regulations
of the Board, provided that such interested employee organization has been
designated by at least 10% of the employees in an appropriate bargaining
unit which includes all or some of the employees in the unit recognized
by the employer. In such event, the Board shall proceed with the petition
in the same manner as provided by paragraph (1) of subsection (a) of this
Section.

(h) No election shall be directed by the Board in any bargaining unit
where there is in force a valid collective bargaining agreement. The Board,
however, may process an election petition filed between 90 and 60 days prior
to the expiration of the date of an agreement, and may further refine, by
rule or decision, the implementation of this provision.
Where more than 4 years have elapsed since the effective date of the agreement,
the agreement shall continue to bar an election, except that the Board may
process an election petition filed between 90 and 60 days prior to the end of
the fifth year of such an agreement, and between 90 and 60 days prior to the
end of each successive year of such agreement.

(i) An order of the Board dismissing a representation petition,
determining and certifying that a labor organization has been fairly and
freely chosen by a majority of employees in an appropriate bargaining unit,
determining and certifying that a labor organization has not been fairly
and freely chosen by a majority of employees in the bargaining unit or
certifying a labor organization as the exclusive representative of
employees in an appropriate bargaining unit because of a determination by
the Board that the labor organization is the historical bargaining
representative of employees in the bargaining unit, is a final order. Any
person aggrieved by any such order issued on or after July 1, 1988 (the effective date of Public Act 85-924)
may apply for and obtain judicial review in
accordance with provisions of the Administrative Review Law, as now or
hereafter amended, except that such review shall be afforded directly in
the Appellate Court for the district in which the aggrieved party resides
or transacts business.
Any direct appeal to the Appellate Court shall be filed within 35 days from
the date that a copy of the decision sought to be reviewed was served upon the
party affected by the decision.

(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; 102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)

(5 ILCS 315/10) (from Ch. 48, par. 1610)

Sec. 10. Unfair labor practices.

(a) It shall be an unfair labor practice
for an employer or its agents:

(1) to interfere with, restrain, or coerce public employees in the exercise of the rights guaranteed in this Act or to dominate or interfere with the formation, existence or administration of any labor organization or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
(2) to discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in or other support for any labor organization. Nothing in this Act or any other law precludes a public employer from making an agreement with a labor organization to require as a condition of employment the payment of a fair share under paragraph (e) of Section 6;
(3) to discharge or otherwise discriminate against a public employee because he has signed or filed an affidavit, petition, or charge or provided any information or testimony under this Act;
(4) to refuse to bargain collectively in good faith with a labor organization which is the exclusive representative of public employees in an appropriate unit, including, but not limited to, the discussing of grievances with the exclusive representative;
(5) to violate any of the rules and regulations established by the Board with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;
(6) to expend or cause the expenditure of public funds to any external agent, individual, firm, agency, partnership, or association in any attempt to influence the outcome of representational elections held pursuant to Section 9 of this Act; provided that nothing in this subsection shall be construed to limit an employer’s right to internally communicate with its employees as provided in subsection (c) of this Section, to be represented on any matter pertaining to unit determinations, unfair labor practice charges or pre-election conferences in any formal or informal proceeding before the Board, or to seek or obtain advice from legal counsel. Nothing in this paragraph shall be construed to prohibit an employer from expending or causing the expenditure of public funds on, or seeking or obtaining services or advice from, any organization, group, or association established by and including public or educational employers, whether covered by this Act, the Illinois Educational Labor Relations Act or the public employment labor relations law of any other state or the federal government, provided that such services or advice are generally available to the membership of the organization, group or association, and are not offered solely in an attempt to influence the outcome of a particular representational election;
(7) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement;
(8) to interfere with, restrain, coerce, deter, or discourage public employees or applicants to be public employees from: (i) becoming or remaining members of a labor organization; (ii) authorizing representation by a labor organization; or (iii) authorizing dues or fee deductions to a labor organization, nor shall the employer intentionally permit outside third parties to use its email or other communication systems to engage in that conduct. An employer’s good faith implementation of a policy to block the use of its email or other communication systems for such purposes shall be a defense to an unfair labor practice;
(9) to disclose to any person or entity information set forth in subsection (c-5) of Section 6 of this Act that the employer knows or should know will be used to interfere with, restrain, coerce, deter, or discourage any public employee from: (i) becoming or remaining members of a labor organization, (ii) authorizing representation by a labor organization, or (iii) authorizing dues or fee deductions to a labor organization; or
(10) to promise, threaten, or take any action: (i) to permanently replace an employee who participates in a lawful strike as provided under Section 17; (ii) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a lawful strike; or (iii) to lock out, suspend, or otherwise withhold employment from employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a lawful strike.

(b) It shall be an unfair labor practice for a labor organization or its agents:

(1) to restrain or coerce public employees in the exercise of the rights guaranteed in this Act, provided, (i) that this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein or the determination of fair share payments and (ii) that a labor organization or its agents shall commit an unfair labor practice under this paragraph in duty of fair representation cases only by intentional misconduct in representing employees under this Act;
(2) to restrain or coerce a public employer in the selection of his representatives for the purposes of collective bargaining or the settlement of grievances; or
(3) to cause, or attempt to cause, an employer to discriminate against an employee in violation of subsection (a)(2);
(4) to refuse to bargain collectively in good faith with a public employer, if it has been designated in accordance with the provisions of this Act as the exclusive representative of public employees in an appropriate unit;
(5) to violate any of the rules and regulations established by the boards with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;
(6) to discriminate against any employee because he has signed or filed an affidavit, petition, or charge or provided any information or testimony under this Act;
(7) to picket or cause to be picketed, or threaten to picket or cause to be picketed, any public employer where an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization of the representative of its employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective bargaining representative, unless such labor organization is currently certified as the representative of such employees:

(A) where the employer has lawfully recognized in accordance with this Act any labor organization and a question concerning representation may not appropriately be raised under Section 9 of this Act;
(B) where within the preceding 12 months a valid election under Section 9 of this Act has been conducted; or
(C) where such picketing has been conducted without a petition under Section 9 being filed within a reasonable period of time not to exceed 30 days from the commencement of such picketing; provided that when such a petition has been filed the Board shall forthwith, without regard to the provisions of subsection (a) of Section 9 or the absence of a showing of a substantial interest on the part of the labor organization, direct an election in such unit as the Board finds to be appropriate and shall certify the results thereof; provided further, that nothing in this subparagraph shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public that an employer does not employ members of, or have a contract with, a labor organization unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver, or transport any goods or not to perform any services; or

(8) to refuse to reduce a collective bargaining agreement to writing or to refuse to sign such agreement.

(c) The expressing of any views, argument, or opinion or the
dissemination thereof, whether in written, printed, graphic, or visual
form, shall not constitute or be evidence of an unfair labor practice under
any of the provisions of this Act, if such expression contains no threat of
reprisal or force or promise of benefit.

(d) The employer shall not discourage public employees or applicants to be public employees from becoming or remaining union members or authorizing dues deductions, and shall not otherwise interfere with the relationship between employees and their exclusive bargaining representative. The employer shall refer all inquiries about union membership to the exclusive bargaining representative, except that the employer may communicate with employees regarding payroll processes and procedures. The employer will establish email policies in an effort to prohibit the use of its email system by outside sources.

(Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21; 102-813, eff. 5-13-22.)

(5 ILCS 315/11) (from Ch. 48, par. 1611)

Sec. 11. Unfair labor practice procedures. Unfair labor practices may
be dealt with by the Board in the following manner:

(a) Whenever it is charged that any person has engaged in or is engaging
in any unfair labor practice, the Board or any agent designated by the Board
for such purposes, shall conduct an investigation of the charge. If after
such investigation the Board finds that the charge involves a dispositive
issue of law or fact the Board shall issue a complaint and cause to be
served upon the person a complaint stating the charges, accompanied by a
notice of hearing before the Board or a member thereof designated by the
Board, or before a qualified hearing officer designated by the Board at the
offices of the Board or such other location as the Board deems appropriate,
not less than 5 days after serving of such complaint provided that no
complaint shall issue based upon any unfair labor practice occurring more
than six months prior to the filing of a charge with the Board and
the service of a copy thereof upon the person against whom the charge is
made, unless the person aggrieved thereby did not reasonably have knowledge
of the alleged unfair labor practice or was prevented from filing such a
charge by reason of service in the armed forces, in which event the six
month period shall be computed from the date of his discharge. Any such
complaint may be amended by the member or hearing officer conducting the
hearing for the Board in his discretion at any time prior to the issuance
of an order based thereon. The person who is the subject of the complaint
has the right to file an answer to the original or amended complaint and
to appear in person or by a representative and give testimony at the place
and time fixed in the complaint. In the discretion of the member or hearing
officer conducting the hearing or the Board, any other person may be allowed
to intervene in the proceeding and to present testimony. In any hearing
conducted by the Board, neither the Board nor the member or agent conducting
the hearing shall be bound by the rules of evidence applicable to courts,
except as to the rules of privilege recognized by law.

(b) The Board shall have the power to issue subpoenas and administer oaths.
If any party wilfully fails or neglects to appear or testify or to produce
books, papers and records pursuant to the issuance of a subpoena by the
Board, the Board may apply to a court of competent jurisdiction to request
that such party be ordered to appear before the Board to testify or produce
the requested evidence.

(c) Any testimony taken by the Board, or a member designated by the Board
or a hearing officer thereof, must be reduced to writing and filed with the
Board. A full and complete record shall be kept of all proceedings before
the Board, and all proceedings shall be transcribed by a reporter appointed
by the Board. The party on whom the burden of proof rests shall be required
to sustain such burden by a preponderance of the evidence. If, upon a
preponderance of the evidence taken, the Board is of the opinion that any
person named in the charge has engaged in or is engaging in an unfair labor
practice, then it shall state its findings of fact and shall issue and
cause to be served upon the person an order requiring him to cease and
desist from the unfair labor practice, and to take such affirmative action,
including reinstatement of public employees with or without back pay, as
will effectuate the policies of this Act. If the Board awards back pay, it
shall also award interest at the rate of 7% per annum. The Board’s order
may further require the person to make reports from time to time,
and demonstrate the extent to which he has complied with the order. If
there is no preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the unfair labor
practice, then the Board shall state its findings of fact and shall issue
an order dismissing the complaint.
The Board’s order may in its discretion also include an appropriate
sanction, based on the Board’s rules and regulations, and the sanction may
include an order to pay the other party or parties’ reasonable expenses
including costs and reasonable attorney’s fee, if the other party has made
allegations or denials without reasonable cause and found to be untrue or
has engaged in frivolous litigation for the purpose of delay or needless
increase in the cost of litigation; the State of Illinois or any agency
thereof shall be subject to the provisions of this sentence in the same
manner as any other party.

(d) Until the record in a case has been filed in court, the Board at any
time, upon reasonable notice and in such manner as it deems proper, may
modify or set aside, in whole or in part, any finding or order made or
issued by it.

(e) A charging party or any person aggrieved by a final order of the Board
granting or denying in whole or in part the relief sought may apply for
and obtain judicial review of an order of the Board entered under this Act,
in accordance with the provisions of the Administrative Review Law, as now
or hereafter amended, except that such judicial review shall be afforded
directly in the appellate court for the district in which the aggrieved
party resides or transacts business, and provided, that such judicial
review shall not be available for the purpose of challenging a final order
issued by the Board pursuant to Section 9 of this Act for which judicial
review has been petitioned pursuant to subsection (i) of Section 9. Any
direct appeal to the Appellate Court shall be filed within 35 days from the
date that a copy of the decision sought to be reviewed was served upon the
party affected by the decision. The filing of such an appeal to the Appellate Court shall not automatically stay the enforcement of the Board’s order. An aggrieved party may apply to the Appellate Court for a stay of the enforcement of the Board’s order after the aggrieved party has followed the procedure prescribed by Supreme Court Rule 335. The
Board in proceedings under this
Section may obtain an order of the court for the enforcement of its order.

(f) Whenever it appears that any person has violated a final order of
the Board issued pursuant to this Section, the Board must commence an action
in the name of the People of the State of Illinois by petition, alleging
the violation, attaching a copy of the order of the Board, and praying for
the issuance of an order directing the person, his officers, agents, servants,
successors, and assigns to comply with the order of the Board.
The Board shall be represented in this action by the Attorney General in
accordance with the Attorney General Act. The court may grant or refuse, in
whole or in part, the relief sought, provided that the court may stay an
order of the Board in accordance with the Administrative Review Law,
pending disposition of the proceedings. The court may punish a violation of
its order as in civil contempt.

(g) The proceedings provided in paragraph (f) of this Section shall be
commenced in the Appellate Court for the district where the unfair labor
practice which is the subject of the Board’s order was committed, or where
a person required to cease and desist by such order resides or transacts business.

(h) The Board through the Attorney General, shall have power, upon issuance
of an unfair labor practice complaint alleging that a person has engaged
in or is engaging in an unfair labor practice, to petition the circuit court
where the alleged unfair labor practice which is the subject of the Board’s
complaint was allegedly committed, or where a person required to cease and
desist from such alleged unfair labor practice resides or transacts business,
for appropriate temporary relief or restraining order. Upon the filing of
any such petition, the court shall cause notice thereof to be served upon
such persons, and thereupon shall have jurisdiction to grant to the Board
such temporary relief or restraining order as it deems just and proper.

(i) If an unfair labor practice charge involves the interpretation or
application of a collective bargaining agreement and said agreement contains
a grievance procedure with binding arbitration as its terminal step, the
Board may defer the resolution of such dispute to the grievance and arbitration
procedure contained in said agreement.

(Source: P.A. 100-516, eff. 9-22-17.)

(5 ILCS 315/12) (from Ch. 48, par. 1612)

Sec. 12. Mediation.

(a) The State and Local Panels in joint session
shall establish a Public Employees Mediation Roster, the services of which
shall be available to public employers and to labor organizations upon request
of the parties for the purposes of mediation of grievances or contract
disputes. Upon the request of either party, services of the Public Employees
Mediation Roster shall be available for purposes of arbitrating disputes over
interpretation or application of the terms of an agreement pursuant to Section
8. The members of the Roster shall be appointed by majority vote of the
members of both panels. Members shall be impartial, competent,
and reputable citizens of the United States, residents of the State of
Illinois, and shall qualify by taking and subscribing to the constitutional
oath or affirmation of office. The function of the mediator
shall be to communicate with the employer and exclusive representative or
their representatives and to endeavor to bring about an amicable and voluntary
settlement. Compensation of Roster members for services performed as mediators
shall be paid equally by the parties to a mediated labor dispute. The Board
shall have authority but not the obligation to promulgate regulations setting compensation levels for
members of the Roster, and establishing procedures for suspension or dismissal
of mediators for good cause shown following hearing.

(b) A mediator in a mediated labor dispute shall be selected by the Board
from among the members of the Roster.

(c) Nothing in this Act or any other law prohibits the use of other
mediators selected by the parties for the resolution of disputes over
interpretation or application of the terms or conditions of the collective
bargaining agreements between a public employer and a labor organization.

(d) If requested by the parties to a labor dispute, a mediator may perform
fact-finding as set forth in Section 13.

(Source: P.A. 98-535, eff. 1-1-14.)

(5 ILCS 315/13) (from Ch. 48, par. 1613)

Sec. 13.
Fact-finding.

(a) If, after a reasonable period of negotiation
over the terms of the agreement, or upon expiration of an existing collective
bargaining agreement and the parties have not been able to mutually resolve
the dispute, the parties may, by mutual consent initiate a fact-finding.

(b) Within three days of such request the Board must submit to the parties
a panel of 7 qualified, disinterested persons from the Illinois Public
Employees Mediation Roster to serve as a fact-finder. The parties to the
dispute shall designate one of the 7 persons to serve as fact-finder. The
fact-finder must act independently of the Board and may be the same person
who participated in the mediation of the labor dispute if both parties consent.
The person selected or appointed as fact-finder shall immediately establish
the dates and place of hearings. Upon request, the Board shall issue subpoenas
for hearings conducted by the fact-finder. The fact-finder may administer
oaths. The fact-finder shall initially determine what issues are in dispute
and therefore properly before the fact-finder. Upon completion of the hearings,
but no later than 45 days from the date of appointment, the fact-finder
must make written findings of facts and recommendations for resolution of the
dispute, must serve findings on the public employer and the labor organization
involved, and must publicize such findings by mailing them to all newspapers
of general circulation in the community. The fact-finder’s
findings shall be advisory only and shall not be binding upon the parties.
If the parties do not accept the recommendations of the fact-finder as the
basis for settlement, or if the fact-finder does not make written
findings of facts and recommendations for the resolution of the dispute and
serve and publicize such findings within 45 days of the date of
appointment, the parties may resume negotiations.

(c) The public employer and the labor organization which is certified
as exclusive representative or which is recognized as exclusive representative
in any particular bargaining unit by the state or political subdivision
are the only proper parties to the fact-finding proceedings.

(Source: P.A. 84-1335.)

(5 ILCS 315/14) (from Ch. 48, par. 1614)

Sec. 14. Security employee, peace officer and fire fighter disputes.

(a) In the case of collective bargaining agreements involving units of
security employees of a public employer, Peace Officer Units, or units of
fire fighters or paramedics, and in the case of disputes under Section 18,
unless the parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such agreement or
at such later time as the mediation services chosen under subsection (b) of
Section 12 can be provided to the parties. In the case of negotiations
for an initial collective bargaining agreement, mediation shall commence
upon 15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of Section 12 can be
provided to the parties. In mediation under this Section, if either party
requests the use of mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in such request or
bear the additional cost of mediation services from another source. The
mediator shall have a duty to keep the Board informed on the progress of
the mediation. If any dispute has not been resolved within 15 days after
the first meeting of the parties and the mediator, or within such other
time limit as may be mutually agreed upon by the parties, either the
exclusive representative or employer may request of the other, in writing,
arbitration, and shall submit a copy of the request to the Board.

(b) Within 10 days after such a request for arbitration has been
made, the employer shall choose a delegate and
the employees’ exclusive representative shall choose a delegate to a panel
of arbitration as provided in this Section. The employer and employees
shall forthwith advise the other and the Board of their selections.

(c) Within 7 days after the request of either party, the parties shall request a panel of impartial arbitrators from which they shall select the neutral chairman according to the procedures provided in this Section. If the parties have agreed to a contract that contains a grievance resolution procedure as provided in Section 8, the chairman shall be selected using their agreed contract procedure unless they mutually agree to another procedure. If the parties fail to notify the Board of their selection of neutral chairman within 7 days after receipt of the list of impartial arbitrators, the Board shall appoint, at random, a neutral chairman from the list. In the absence of an agreed contract procedure for selecting an impartial arbitrator, either party may request a panel from the Board. Within 7 days of the request of either party, the Board shall select
from the Public Employees Labor Mediation Roster 7 persons who are on the
labor arbitration panels of either the American Arbitration Association or
the Federal Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as nominees for
impartial arbitrator of the arbitration panel. The parties may select an
individual on the list provided by the Board or any other individual
mutually agreed upon by the parties. Within 7 days following the receipt
of the list, the parties shall notify the Board of the person they have
selected. Unless the parties agree on an alternate selection procedure,
they shall alternatively strike one name from the list provided by the
Board until only one name remains. A coin toss shall determine which party
shall strike the first name. If the parties fail to notify the Board in a
timely manner of their selection for neutral chairman, the Board shall
appoint a neutral chairman from the Illinois Public Employees
Mediation/Arbitration Roster.

(d) The chairman shall call a hearing to begin within 15 days and give
reasonable notice of the time and place of the hearing. The hearing
shall be held at the offices of the Board or at such other location as the
Board deems appropriate. The chairman shall preside over the hearing and
shall take testimony. Any oral or documentary evidence and other data
deemed relevant by the arbitration panel may be received in evidence. The
proceedings shall be informal. Technical rules of evidence shall not apply
and the competency of the evidence shall not thereby be deemed impaired. A
verbatim record of the proceedings shall be made and the arbitrator shall
arrange for the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts shall not be
necessary for a decision by the arbitration panel. The expense of the
proceedings, including a fee for the chairman, shall be borne equally by each of the parties to the dispute.
The delegates, if public officers or employees, shall continue on the
payroll of the public employer without loss of pay. The hearing conducted
by the arbitration panel may be adjourned from time to time, but unless
otherwise agreed by the parties, shall be concluded within 30 days of the
time of its commencement. Majority actions and rulings shall constitute
the actions and rulings of the arbitration panel. Arbitration proceedings
under this Section shall not be interrupted or terminated by reason of any
unfair labor practice charge filed by either party at any time.

(e) The arbitration panel may administer oaths, require the attendance
of witnesses, and the production of such books, papers, contracts, agreements
and documents as may be deemed by it material to a just determination of
the issues in dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or to testify,
or if any witness, party or attorney is guilty of any contempt while in
attendance at any hearing, the arbitration panel may, or the attorney general
if requested shall, invoke the aid of any circuit court within the jurisdiction
in which the hearing is being held, which court shall issue an appropriate
order. Any failure to obey the order may be punished by the court as contempt.

(f) At any time before the rendering of an award, the chairman of the
arbitration panel, if he is of the opinion that it would be useful or
beneficial to do so, may remand the dispute to the parties for further
collective bargaining for a period not to exceed 2 weeks. If the dispute
is remanded for further collective bargaining the time provisions of this
Act shall be extended for a time period equal to that of the remand. The
chairman of the panel of arbitration shall notify the Board of the remand.

(g) At or before the conclusion of the hearing held pursuant to subsection
(d), the arbitration panel shall identify the economic issues in dispute,
and direct each of the parties to submit, within such time limit as the
panel shall prescribe, to the arbitration panel and to each other its last
offer of settlement on each economic issue. The determination of the
arbitration panel as to the issues in dispute and as to which of these
issues are economic shall be conclusive. The arbitration panel, within 30
days after the conclusion of the hearing, or such further additional
periods to which the parties may agree, shall make written findings of fact
and promulgate a written opinion and shall mail or otherwise deliver a true
copy thereof to the parties and their representatives and to the Board. As
to each economic issue, the arbitration panel shall adopt the last offer of
settlement which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection (h). The
findings, opinions and order as to all other issues shall be based upon the
applicable factors prescribed in subsection (h).

(h) Where there is no agreement between the parties, or where there is
an agreement but the parties have begun negotiations or discussions looking
to a new agreement or amendment of the existing agreement, and wage rates
or other conditions of employment under the proposed new or amended agreement
are in dispute, the arbitration panel shall base its findings, opinions
and order upon the following factors, as applicable:

(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the financial ability of the unit of government to meet those costs.
(4) Comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceeding with the wages, hours and conditions of employment of other employees performing similar services and with other employees generally:

(A) In public employment in comparable communities.
(B) In private employment in comparable communities.

(5) The average consumer prices for goods and services, commonly known as the cost of living.
(6) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment.

(i) In the case of peace officers, the arbitration decision shall be
limited to wages, hours, and conditions of employment (which may include
residency requirements in municipalities with a population under 100,000, but
those residency requirements shall not allow residency outside of Illinois)
and shall not include
the following: i) residency requirements in municipalities with a population
of at least 100,000; ii) the type of equipment, other
than uniforms, issued or used; iii) manning; iv) the total number of
employees employed by the department; v) mutual aid and assistance
agreements to other units of government; and vi) the criterion pursuant to
which force, including deadly force, can be used; provided, nothing herein
shall preclude an arbitration decision regarding equipment or manning
levels if such decision is based on a finding that the equipment or manning
considerations in a specific work assignment involve a serious risk to the
safety of a peace officer beyond that which is inherent in the normal
performance of police duties. Limitation of the terms of the arbitration
decision pursuant to this subsection shall not be construed to limit the
factors upon which the decision may be based, as set forth in subsection (h).

In the case of fire fighter, and fire department or fire district paramedic
matters, the arbitration decision shall be limited to wages, hours, and
conditions of employment (including manning and also including residency requirements in
municipalities with a population under 1,000,000, but those residency
requirements shall not allow residency outside of Illinois) and shall not
include the
following matters: i) residency requirements in municipalities with a
population of at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii) the total
number of employees employed by the department; iv) mutual aid and
assistance agreements to other units of government; and v) the criterion
pursuant to which force, including deadly force, can be used; provided,
however, nothing herein shall preclude an arbitration decision regarding
equipment levels if such decision is based on a finding that the equipment
considerations in a specific work assignment involve a serious risk to the
safety of a fire fighter beyond that which is inherent in the normal
performance of fire fighter duties. Limitation of the terms of the
arbitration decision pursuant to this subsection shall not be construed to
limit the facts upon which the decision may be based, as set forth in
subsection (h).

The changes to this subsection (i) made by Public Act 90-385 (relating to residency requirements) do not
apply to persons who are employed by a combined department that performs both
police and firefighting services; these persons shall be governed by the
provisions of this subsection (i) relating to peace officers, as they existed
before the amendment by Public Act 90-385.

To preserve historical bargaining rights, this subsection shall not apply
to any provision of a fire fighter collective bargaining agreement in effect
and applicable on the effective date of this Act; provided, however, nothing
herein shall preclude arbitration with respect to any such provision.

(j) Arbitration procedures shall be deemed to be initiated by the
filing of a letter requesting mediation as required under subsection (a)
of this Section. The commencement of a new municipal fiscal year after the
initiation of arbitration procedures under this Act, but before the
arbitration decision, or its enforcement, shall not be deemed to render a
dispute moot, or to otherwise impair the jurisdiction or authority of the
arbitration panel or its decision. Increases in rates
of compensation awarded by the arbitration panel may be effective only at
the start of the fiscal year next commencing after the date of the arbitration
award. If a new fiscal year has commenced either since the initiation of
arbitration procedures under this Act or since any mutually agreed
extension of the statutorily required period of mediation
under this Act by the parties to the labor dispute causing a
delay in the initiation of arbitration, the foregoing limitations shall be
inapplicable, and such awarded increases may be retroactive to the
commencement of the fiscal year, any other statute or charter provisions to
the contrary, notwithstanding. At any time the parties, by stipulation, may
amend or modify an award of arbitration.

(k) Orders of the arbitration panel shall be reviewable, upon
appropriate petition by either the public employer or the exclusive
bargaining representative, by the circuit court for the county in which the
dispute arose or in which a majority of the affected employees reside, but
only for reasons that the arbitration panel was without or exceeded its
statutory authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful means. Such
petitions for review must be filed with the appropriate circuit court
within 90 days following the issuance of the arbitration order. The
pendency of such proceeding for review shall not automatically stay the
order of the arbitration panel. The party against whom the final decision
of any such court shall be adverse, if such court finds such appeal or
petition to be frivolous, shall pay reasonable attorneys’ fees and costs to
the successful party as determined by said court in its discretion. If said
court’s decision affirms the award of money, such award, if retroactive,
shall bear interest at the rate of 12 percent per annum from the effective
retroactive date.

(l) During the pendency of proceedings before the arbitration panel,
existing wages, hours, and other conditions of employment shall not be
changed by action of either party without the consent of the other but a
party may so consent without prejudice to his rights or position under
this Act. The proceedings are deemed to be pending before the arbitration
panel upon the initiation of arbitration procedures under this Act.

(m) Security officers of public employers, and Peace Officers, Fire
Fighters and fire department and fire protection district paramedics,
covered by this Section may not withhold services, nor may public employers
lock out or prevent such employees from performing services at any time.

(n) All of the terms decided upon by the arbitration panel shall be included
in an agreement to be submitted to the public employer’s governing body
for ratification and adoption by law, ordinance or the equivalent
appropriate means.

The governing body shall review each term decided by the arbitration panel.
If the governing body fails to reject one or more terms of the
arbitration panel’s decision by a 3/5 vote of those duly elected and
qualified members of the governing body, within 20 days of issuance, or
in the case of firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after issuance, such
term or terms shall become a part of the collective bargaining agreement of
the parties. If the governing body affirmatively rejects one or more terms
of the arbitration panel’s decision, it must provide reasons for such
rejection with respect to each term so rejected, within 20 days of such
rejection and the parties shall return to the arbitration panel
for further proceedings and issuance of a supplemental decision with respect
to the rejected terms. Any supplemental decision by an arbitration panel
or other decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in accordance with the
procedures and voting requirements set forth in this Section.
The voting requirements of this subsection shall apply to all disputes
submitted to arbitration pursuant to this Section notwithstanding any
contrary voting requirements contained in any existing collective
bargaining agreement between the parties.

(o) If the governing body of the employer votes to reject the panel’s
decision, the parties shall return to the panel within 30 days from the
issuance of the reasons for rejection for further proceedings and issuance
of a supplemental decision. All reasonable costs of such supplemental
proceeding including the exclusive representative’s reasonable attorney’s
fees, as established by the Board, shall be paid by the employer.

(p) Notwithstanding the provisions of this Section the employer and
exclusive representative may agree to submit unresolved disputes concerning
wages, hours, terms and conditions of employment to an alternative form of
impasse resolution.

The amendatory changes to this Section made by Public Act 101-652 take effect July 1, 2022.

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

(5 ILCS 315/15) (from Ch. 48, par. 1615)

(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)

Sec. 15. Act Takes Precedence.

(a) In case of any conflict between the
provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by Public Act 96-889 and other than as provided in Section 7.5), executive order or administrative
regulation relating to wages, hours and conditions of employment and employment
relations, the provisions of this Act or any collective bargaining agreement
negotiated thereunder shall prevail and control.
Nothing in this Act shall be construed to replace or diminish the
rights of employees established by Sections 28 and 28a of the Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation
Authority Act. The provisions of this Act are subject to Section 7.5 of this Act and Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.

(b) Except as provided in subsection (a) above, any collective bargaining
contract between a public employer and a labor organization executed pursuant
to this Act shall supersede any contrary statutes, charters, ordinances, rules
or regulations relating to wages, hours and conditions of employment and
employment relations adopted by the public employer or its agents. Any collective
bargaining agreement entered into prior to the effective date of this Act
shall remain in full force during its duration.

(c) It is the public policy of this State, pursuant to paragraphs (h)
and (i) of Section 6 of Article VII of the Illinois Constitution, that the
provisions of this Act are the exclusive exercise by the State of powers
and functions which might otherwise be exercised by home rule units. Such
powers and functions may not be exercised concurrently, either directly
or indirectly, by any unit of local government, including any home rule
unit, except as otherwise authorized by this Act.

(Source: P.A. 98-599, eff. 6-1-14.)

(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)

Sec. 15. Act Takes Precedence.

(a) In case of any conflict between the
provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by this amendatory Act of the 96th General Assembly), executive order or administrative
regulation relating to wages, hours and conditions of employment and employment
relations, the provisions of this Act or any collective bargaining agreement
negotiated thereunder shall prevail and control.
Nothing in this Act shall be construed to replace or diminish the
rights of employees established by Sections 28 and 28a of the Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation
Authority Act. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.

(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)

(5 ILCS 315/15.1) (from Ch. 48, par. 1615.1)

Sec. 15.1.
Precedents established by other labor boards.

Unless contradicted by administrative precedent previously established by
the State Panel, all final decisions in representation and unfair
labor practice cases decided by the Local Panel and the Illinois
Educational Labor Relations Board created under the Illinois Educational Labor
Relations Act which have not been reversed by subsequent court rulings, shall
be considered, but need not be followed by the State Panel.

Unless contradicted by administrative precedent previously established by
the Local Panel, all final decisions in representation and unfair
labor practice cases decided by the State Panel and the Illinois
Educational Labor Relations Board which have not been reversed by subsequent
court rulings, shall be considered, but need not be followed by the Local
Panel.

(Source: P.A. 91-798, eff. 7-9-00.)

(5 ILCS 315/16) (from Ch. 48, par. 1616)

Sec. 16.
Exhaustion of nonjudicial remedies.
After the exhaustion
of any arbitration mandated by this Act or any procedures mandated by a
collective bargaining agreement, suits for violation of agreements including
agreements entered into pursuant to Section 13(c) of the Urban Mass Transportation
Act, between a public employer and a labor organization representing public
employees may be brought by
the parties to such agreement in the circuit court in the county in which
the public employer transacts business or has its principal office.

(Source: P.A. 83-1012.)

(5 ILCS 315/17) (from Ch. 48, par. 1617)

Sec. 17.
Right to strike.

(a) Nothing in this Act shall make it unlawful
or make it an unfair labor practice for public employees, other than security
employees, as defined in Section 3(p), peace officers, fire fighters,
and paramedics employed by fire departments and fire protection districts,
to strike except as otherwise provided in this Act. Public
employees who are permitted to strike may strike only if:

(1) the employees are represented by an exclusive bargaining representative;
(2) the collective bargaining agreement between the public employer and the public employees, if any, has expired, or such collective bargaining agreement does not prohibit the strike;
(3) the public employer and the labor organization have not mutually agreed to submit the disputed issues to final and binding arbitration;
(4) the exclusive representative has requested a mediator pursuant to Section 12 for the purpose of mediation or conciliation of a dispute between the public employer and the exclusive representative and mediation has been used; and
(5) at least 5 days have elapsed after a notice of intent to strike has been given by the exclusive bargaining representative to the public employer.

In mediation under this Section, if either party requests the use of
mediation services from the Federal Mediation and Conciliation Service, the
other party shall either join in such request or bear the additional cost
of mediation services from another source.

(b) An employee who participates in a strike, work stoppage or
slowdown, in violation of this Act shall be subject to discipline by the
employer. No employer may pay or cause such employee to be paid any wages
or other compensation for such periods of participation, except for wages
or compensation earned before participation in such strike.

(Source: P.A. 86-412.)

(5 ILCS 315/18) (from Ch. 48, par. 1618)

Sec. 18.

(a) If a strike, which may constitute a clear and present danger
to the health and safety of the public is about to occur or is in
progress, the public employer concerned may petition the board to make an
investigation and conduct a hearing. Unfair labor practices committed by
the employer shall be a defense to such petition. If the board finds that
within 72 hours there is a clear and present danger to the health and safety
of the public the employer shall petition the circuit court where the strike is about
to occur or is in progress for appropriate judicial relief to stop the strike
or to set conditions and requirements which must be complied with by the
exclusive representative, to avoid or remove any such clear and present
danger. No injunctive relief shall be granted except upon a showing that
the strike constitutes a clear and present danger to the health and safety
of the public. The court
may allow the strike to occur or continue under conditions which it finds
will avoid or remove any such clear and present danger. The court shall
designate the essential employees within the affected unit whose services
are necessary to avoid or remove any such clear and present danger. Such
employees may be ordered to return to work under conditions
and requirements which the court finds to be appropriate and such order may
be only for a limited duration, and may be extended only upon demonstration
that such extension is necessary to protect the public health and safety
from a clear and present danger.

If the court orders any of the employees in the affected unit to return
to work it shall require the employer and exclusive representative to participate
in the impasse arbitration
procedures set forth in Section 14 of this Act. The Court shall determine
for which employees such procedures in Section 14 shall apply.

(b) Equitable defenses such as unclean hands and any unfair labor practices
committed by the employer shall be considered as defenses by the court.
Failure to agree to a proposal or to make a concession is not per se a violation
of the unclean hands doctrine.

(c) If any employee or employee organization fails to comply with any
order of the Court issued pursuant to this Section, the employer may institute
judicial proceedings to enforce the order of the court.

(Source: P.A. 83-1012.)

(5 ILCS 315/19) (from Ch. 48, par. 1619)

Sec. 19.

Any collective bargaining agreement entered into prior to the
effective date of this Act shall remain in full force during its duration.

(Source: P.A. 83-1012.)

(5 ILCS 315/20) (from Ch. 48, par. 1620)

Sec. 20. Prohibitions.

(a) Nothing in this Act shall be construed to require
an individual employee to render labor or service without his consent, nor
shall anything in this Act be construed to make the quitting of his labor
by an individual employee an illegal act; nor shall any court issue any
process to compel the performance by an individual employee of such labor
or service, without his consent; nor shall the quitting of labor by an employee
or employees in good faith because of abnormally dangerous conditions for
work at the place of employment of such employee be deemed a strike under this
Act.

(b) This Act shall not be applicable to units of local government employing
less than 5 employees at the time the Petition for
Certification or Representation is filed with the Board. This prohibition
shall
not apply to bargaining units in existence
on the effective date of this Act and units of local government employing more
than 5 employees where the total number of employees falls below 5 after the
Board has certified a bargaining unit.

(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67, eff. 1-1-06.)

(5 ILCS 315/21) (from Ch. 48, par. 1621)

Sec. 21.

Subject to the appropriation power of the employer, employers
and exclusive representatives may negotiate multi-year collective bargaining
agreements pursuant to the provisions of this Act.

(Source: P.A. 83-1012.)

(5 ILCS 315/21.5)

Sec. 21.5. Termination of certain agreements after constitutional officers take office.

(a) No collective bargaining agreement entered into, on or after the effective date of this amendatory Act of the 96th General Assembly between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may extend more than 12 months after the date on which the terms of office of executive branch constitutional officers begin.

(b) No collective bargaining agreement entered into, on or after the effective date of this amendatory Act of the 96th General Assembly between an executive branch constitutional officer or any agency or department of an executive branch constitutional officer and a labor organization may provide for an increase in salary, wages, or benefits starting on or after the first day of the terms of office of executive branch constitutional officers and ending June 30th of that same year. The provisions of this subsection (b) shall not apply to salary, pay schedules, or benefits that would continue because of the duty to maintain the status quo and to bargain in good faith.

(c) Any collective bargaining agreement in violation of this Section is terminated and rendered null and void by operation of law.

(d) For purposes of this Section, “executive branch constitutional officer” has the same meaning as that term is defined in the State Officials and Employees Ethics Act.

(Source: P.A. 102-151, eff. 7-23-21.)

(5 ILCS 315/22) (from Ch. 48, par. 1622)

Sec. 22.
Bi-state development agency.

(A) In further effectuation of that
certain compact between the States of Missouri and Illinois
heretofore made and entered into on September 20, 1949, the bistate
development agency, created by and under the aforesaid compact, is
authorized and directed to exercise the following duties, functions and
powers in relation to its public transportation operation, in addition to
those heretofore expressly authorized, which are necessary and appropriate
to effectuate the compact:

(1) To deal with and enter into written contracts with the employees of the bistate agency or any other operator of its public transportation system through accredited representatives or such employees or representatives of any labor organization authorized to act for such employees, concerning wages, salaries, hours, working conditions, pension or retirement provisions, and insurance benefits. The obligation of the bistate agency to deal with such employee representatives shall not be limited or restricted by any other provisions of law, but shall extend to all subjects which are or may be proper subjects of collective bargaining with a private employer under Section 8(d) of the National Labor Relations Act, 29 U.S.C. Section 158(d);
(2) To provide for the retirement and pension, health, medical, dental, and other welfare benefits of its officers and employees and the widows and children of the deceased officers and employees, and their dependents, and to provide for paying benefits upon disability or death of its officers and employees and to make payments from its funds to provide for such retirement, pension, health, medical, dental and other welfare benefits and death or disability benefits;
(3) To settle labor disputes by arbitration. Whenever any labor dispute arises in the operation of any public transportation service operated by or for the bistate agency, and collective bargaining does not result in an agreement, the bistate agency shall submit such dispute to arbitration by a board composed of three persons; one appointed by the bistate agency, one appointed by the representative of the employees, and a third member, who shall serve as chairman, to be selected from a current listing of the membership of the National Academy of Arbitrators by agreement of the parties or, in the absence of such agreement, by obtaining a listing of 7 such members of the National Academy from the American Arbitration Association or from the Federal Mediation and Conciliation Service and by alternately striking one name from the list so supplied until only one name remains. The representative of the employees and of the bistate agency shall determine by lot who shall first strike from the list. The arbitration panel shall base its findings, opinions and order upon the following factors, as applicable:

1. The lawful authority of the employer.
2. Stipulations of the parties.
3. The interests and welfare of the public and the financial ability of the unit of government to meet those costs.
4. Comparison of the wages, hours and conditions of employment of other employees performing similar services and with other employees generally:

a. In public employment in comparable communities.
b. In private employment in comparable communities.

5. The average consumer prices for goods and services, commonly known as the cost of living.
6. The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and all other benefits received.
7. Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings.
8. Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment. The expenses of arbitration shall be borne equally by the parties, and each party shall bear its own costs. Unless otherwise agreed by the parties or determined by the arbitration board, all contract conditions shall remain undisturbed during the arbitration proceedings until issuance of the final award. All of the terms decided upon by the arbitration panel shall be included in an agreement to be submitted to an arbitration review committee comprised of the Secretary of Transportation for the State of Illinois, one representative jointly selected by the Mayor of the City of St. Louis and the St. Louis County Executive, and the Chairman of the Bi-state Development Agency for ratification and adoption by law, ordinance or the equivalent appropriate means.
The committee shall review each term decided by the arbitration panel. If the committee fails to accept or reject one or more terms of the arbitration panel’s decision, within 20 days of issuance, such term or terms shall become a part of the collective bargaining agreement of the parties. If the committee affirmatively rejects one or more terms of the arbitration panel’s decision, it must provide reasons for such rejection with respect to each term so rejected, and the parties shall return to the arbitration panel for further proceedings and issuance of a supplemental decision with respect to the rejected terms. Any supplemental decision by an arbitration panel or other decision maker agreed to by the parties shall be submitted to the committee for ratification and adoption in accordance with the procedures set forth in this Section. The term “labor dispute” shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in such agreement. The adjustment of grievances, questions concerning representation, and any other difference or question that may arise between the parties are subject to the arbitration award which shall be final and binding and not subject to the arbitration review process. In determining any question of representation, including, without limitation, whether a labor organization represents a majority of employees, or whether a proposed unit is an appropriate unit for collective bargaining, or whether an election shall be held to determine the question of representation, and otherwise in establishing rules and regulations governing representation petitions and the conduct of hearings and elections, the arbitration board shall be guided by relevant federal law and administrative practice developed under Section 9 of the National Labor Relations Act, as amended, 29 U.S.C. Section 159;

(4) To give effect to and comply with 49 U.S.C. Section 1609(c) and any employee protective arrangements entered into pursuant thereto, in the event the bistate agency receives federal assistance under the Urban Mass Transportation Act, as amended, in aid of any public transportation system owned or controlled by it. The bistate agency shall enter into such protective arrangements with the representatives of employees affected by such assistance as may be necessary to protect the rights and interests of such employees, including, without limitation:

(a) The preservation of rights, privileges and benefits (including continuation of pension rights and benefits under existing collective bargaining agreements or otherwise);
(b) The continuation of collective bargaining rights;
(c) The protection of individual employees against a worsening of their positions with respect to their employment;
(d) Assurances of employment to such employees and priority of reemployment of such employees terminated or laid off; and
(e) Paid training and retraining programs;

(5) To extend to the employees of any public transportation system owned or controlled by the bistate agency, in accordance with seniority, prior to commencing to operate any new or supplemental transportation service, or entering into any contractual or other arrangement for the operation of such service, the first opportunity for reasonably comparable employment in any new jobs, in respect to such new or supplemental operations, for which they can qualify after a reasonable training period. The wages, hours and working conditions for employees assigned to such new or supplemental operations shall be a proper subject of negotiation and arbitration under the compact between the bistate agency and the representatives of the employees affected by such new or supplemental services;
(6) Notwithstanding any other provision of law, to make deductions from wages and salaries of its employee upon receipt of authorization therefor for the payment of union dues, fees or assessments; for the payment of contributions pursuant to any health and welfare plan or pension plan; or for any other purpose for which deductions may be authorized by employees of any private employer, where such deductions are pursuant to a collective bargaining agreement entered into or assumed by the bistate agency.

(B) Any employee who participates in a strike, work stoppage or slowdown
in violation of this Act shall be subject to discipline by the employer.
No employer may pay or cause such employee to be paid any wages or other
compensation for such periods of participation except for wages or
compensation earned before participation in such strike.

(Source: P.A. 84-1438.)

(5 ILCS 315/23) (from Ch. 48, par. 1623)

Sec. 23.
State Mandates Act.
The General Assembly finds that pursuant
to the exemption provided for in subsection (a) of Section 6 of The State
Mandates Act and the exclusions provided for in subparts (2) and (5) of
subsection (a) of Section 8 of that Act, that the State is relieved of all
reimbursement liability for the implementation of this Act.

(Source: P.A. 83-1012.)

(5 ILCS 315/24) (from Ch. 48, par. 1624)

Sec. 24.
Meetings.
The provisions of the Open Meetings Act shall not
apply to collective bargaining negotiations and grievance arbitration conducted
pursuant to this Act.

(Source: P.A. 83-1012.)

(5 ILCS 315/25) (from Ch. 48, par. 1625)

Sec. 25.

For purposes of this Act, the State of Illinois waives sovereign immunity.

(Source: P.A. 83-1012.)

(5 ILCS 315/27) (from Ch. 48, par. 1627)

Sec. 27.
Except as provided in Section 18 of this Act, the provisions of the Labor Dispute Act apply.

(Source: P.A. 100-201, eff. 8-18-17.)

(5 ILCS 315/28)

Sec. 28. Applicability of changes made by Public Act 97-1158. Nothing in Public Act 97-1158 applies to workers or consumers in the Home-Based Support Services Program in the Department of Human Services Division of Developmental Disabilities.

(Source: P.A. 100-201, eff. 8-18-17.)

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5 ILCS 315/ – Illinois Public Labor Relations Act.

5 ILCS 315/ – Illinois Public Labor Relations Act.

5 ILCS 315/ – Illinois Public Labor Relations Act.

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