Summary as Introduced
Amends the Illinois Public Labor Relations Act. Defines "public sector attorney" as any of the following attorneys who are not managerial employees: Assistant State's Attorneys, Assistant Public Defenders, Assistant Appellate Defenders, Assistant Appellate Prosecutors, and attorneys in the office of the Cook County Public Guardian. Provides that public sector attorneys may not strike. Provides that, if there is an impasse between a unit of public sector attorneys and a public employer, the parties shall submit the dispute to interest arbitration. Effective December 1, 2026.
Staff Analysis
House Amendment 1
House Amendment 1 to HB 2973 makes substantial changes to the Illinois Public Labor Relations Act, specifically targeting how certain legal professionals in public service are classified under the Act and how this affects their collective bargaining rights.
Key Changes:
1. Redefines “Managerial Employee” Status
The amendment excludes from the definition of “managerial employee” the following legal positions unless their duties explicitly qualify them as such under existing law:
• Assistant State’s Attorneys
• Assistant Public Defenders
• Assistant Appellate Prosecutors
• Assistant Appellate Defenders
• Attorneys in the Office of the Cook County Public Guardian
This change ensures that these attorneys are not presumed to be managerial employees, which is significant because managerial employees are excluded from unionizing under the Act.
2. Prohibits Automatic Managerial Designation
The amendment further clarifies that these attorneys cannot be considered managerial employees as a matter of law—i.e., their job title alone is not enough. Their actual duties and responsibilities must be evaluated on a case-by-case basis.
3. Deletes Outdated or Conflicting Statutory References
• Removes Section 5 ILCS 315/17, a provision that likely included restrictions on public sector attorneys’ rights to strike or collective bargaining.
• Deletes the definition of “public sector attorney” from the Act.
• Deletes provisions that limited the right to strike for these attorneys.
Impact:
• Strengthens collective bargaining rights for public sector attorneys by ensuring they are not excluded by default from union representation due to their titles.
• Particularly impactful for Cook County and other county-level legal offices, as many Assistant State’s Attorneys and Public Defenders may now be more easily organized into bargaining units.
• Could increase the number of union-eligible attorneys within state and county government offices, which may affect contract negotiations, workplace policies, and labor-management dynamics.
• Counties may need to reassess human resources practices and consult legal counsel regarding unionization efforts and managerial classifications.
Summary:
This amendment reshapes the labor rights framework for public sector attorneys in Illinois by preventing blanket managerial designations and enabling broader access to collective bargaining. It removes structural barriers to unionization for hundreds of government-employed attorneys across the state.
House Amendment 2
House Floor Amendment 2 to HB 2973 changes the effective date to July 1, 2025.