Public Act 93-0314
HB1457 Enrolled LRB093 06086 NHT 06189 b
AN ACT in relation to educational labor relations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Educational Labor Relations Act
is amended by changing Section 2 as follows:
(115 ILCS 5/2) (from Ch. 48, par. 1702)
Sec. 2. Definitions. As used in this Act:
(a) "Educational employer" or "employer" means the
governing body of a public school district, combination of
public school districts, including the governing body of
joint agreements of any type formed by 2 or more school
districts, public community college district or State college
or university, and any State agency whose major function is
providing educational services. "Educational employer" or
"employer" does not include a Financial Oversight Panel
created pursuant to Section 1A-8 of the School Code due to a
district violating a financial plan but does include a School
Finance Authority created under Article 1E of the School
Code.
(b) "Educational employee" or "employee" means any
individual, excluding supervisors, managerial, confidential,
short term employees, student, and part-time academic
employees of community colleges employed full or part time by
an educational employer, but shall not include elected
officials and appointees of the Governor with the advice and
consent of the Senate, firefighters as defined by subsection
(g-1) of Section 3 of the Illinois Public Labor Relations
Act, and peace officers employed by a State university. For
the purposes of this Act, part-time academic employees of
community colleges shall be defined as those employees who
provide less than 3 6 credit hours of instruction per
academic semester.
(c) "Employee organization" or "labor organization"
means an organization of any kind in which membership
includes educational employees, and which exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, employee-employer disputes, wages,
rates of pay, hours of employment, or conditions of work, but
shall not include any organization which practices
discrimination in membership because of race, color, creed,
age, gender, national origin or political affiliation.
(d) "Exclusive representative" means the labor
organization which has been designated by the Illinois
Educational Labor Relations Board as the representative of
the majority of educational employees in an appropriate unit,
or recognized by an educational employer prior to January 1,
1984 as the exclusive representative of the employees in an
appropriate unit or, after January 1, 1984, recognized by an
employer upon evidence that the employee organization has
been designated as the exclusive representative by a majority
of the employees in an appropriate unit.
(e) "Board" means the Illinois Educational Labor
Relations Board.
(f) "Regional Superintendent" means the regional
superintendent of schools provided for in Articles 3 and 3A
of The School Code.
(g) "Supervisor" means any individual having authority
in the interests of the employer to hire, transfer, suspend,
lay off, recall, promote, discharge, reward or discipline
other employees within the appropriate bargaining unit and
adjust their grievances, or to effectively recommend such
action if the exercise of such authority is not of a merely
routine or clerical nature but requires the use of
independent judgment. The term "supervisor" includes only
those individuals who devote a preponderance of their
employment time to such exercising authority.
(h) "Unfair labor practice" or "unfair practice" means
any practice prohibited by Section 14 of this Act.
(i) "Person" includes an individual, educational
employee, educational employer, legal representative, or
employee organization.
(j) "Wages" means salaries or other forms of
compensation for services rendered.
(k) "Professional employee" means, in the case of a
public community college, State college or university, State
agency whose major function is providing educational
services, the Illinois School for the Deaf, and the Illinois
School for the Visually Impaired, (1) any employee engaged in
work (i) predominantly intellectual and varied in character
as opposed to routine mental, manual, mechanical, or physical
work; (ii) involving the consistent exercise of discretion
and judgment in its performance; (iii) of such character that
the output produced or the result accomplished cannot be
standardized in relation to a given period of time; and (iv)
requiring knowledge of an advanced type 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 an
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or (2) any employee,
who (i) has completed the courses of specialized intellectual
instruction and study described in clause (iv) of paragraph
(1) of this subsection, and (ii) is performing related work
under the supervision of a professional person to qualify
himself or herself to become a professional as defined in
paragraph (l).
(l) "Professional employee" means, in the case of any
public school district, or combination of school districts
pursuant to joint agreement, any employee who has a
certificate issued under Article 21 or Section 34-83 of the
School Code, as now or hereafter amended.
(m) "Unit" or "bargaining unit" means any group of
employees for which an exclusive representative is selected.
(n) "Confidential employee" means an employee, who (i)
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 (ii) in the regular course of his or
her duties has access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(o) "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 such management policies and practices.
(p) "Craft employee" means a skilled journeyman, craft
person, and his or her apprentice or helper.
(q) "Short-term employee" is an employee who is employed
for less than 2 consecutive calendar quarters during a
calendar year and who does not have a reasonable expectation
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year. Nothing in this
subsection shall affect the employee status of individuals
who were covered by a collective bargaining agreement on the
effective date of this amendatory Act of 1991.
(Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03;
revised 8-26-02.)
Section 90. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 93rd General Assembly.