093_HB1457enr

 
HB1457 Enrolled                      LRB093 06086 NHT 06189 b

 1        AN ACT in relation to educational labor relations.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Educational Labor Relations Act
 5    is amended by changing Section 2 as follows:

 6        (115 ILCS 5/2) (from Ch. 48, par. 1702)
 7        Sec. 2.  Definitions. As used in this Act:
 8        (a)  "Educational  employer"  or  "employer"  means   the
 9    governing  body  of  a public school district, combination of
10    public school districts,  including  the  governing  body  of
11    joint  agreements  of  any  type  formed  by 2 or more school
12    districts, public community college district or State college
13    or university, and any State agency whose major  function  is
14    providing  educational  services.  "Educational  employer" or
15    "employer" does  not  include  a  Financial  Oversight  Panel
16    created  pursuant to Section 1A-8 of the School Code due to a
17    district violating a financial plan but does include a School
18    Finance Authority created under  Article  1E  of  the  School
19    Code.
20        (b)  "Educational   employee"  or  "employee"  means  any
21    individual, excluding supervisors, managerial,  confidential,
22    short   term   employees,  student,  and  part-time  academic
23    employees of community colleges employed full or part time by
24    an  educational  employer,  but  shall  not  include  elected
25    officials and appointees of the Governor with the advice  and
26    consent  of the Senate, firefighters as defined by subsection
27    (g-1) of Section 3 of the  Illinois  Public  Labor  Relations
28    Act,  and peace officers employed by a State university.  For
29    the purposes of this Act,  part-time  academic  employees  of
30    community  colleges  shall  be defined as those employees who
31    provide less  than  3  6  credit  hours  of  instruction  per
 
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 1    academic semester.
 2        (c)  "Employee   organization"  or  "labor  organization"
 3    means  an  organization  of  any  kind  in  which  membership
 4    includes educational employees,  and  which  exists  for  the
 5    purpose,  in  whole  or  in  part,  of dealing with employers
 6    concerning  grievances,  employee-employer  disputes,  wages,
 7    rates of pay, hours of employment, or conditions of work, but
 8    shall  not   include   any   organization   which   practices
 9    discrimination  in  membership because of race, color, creed,
10    age, gender, national origin or political affiliation.
11        (d)  "Exclusive   representative"   means    the    labor
12    organization  which  has  been  designated  by  the  Illinois
13    Educational  Labor  Relations  Board as the representative of
14    the majority of educational employees in an appropriate unit,
15    or recognized by an educational employer prior to January  1,
16    1984  as  the exclusive representative of the employees in an
17    appropriate unit or, after January 1, 1984, recognized by  an
18    employer  upon  evidence  that  the employee organization has
19    been designated as the exclusive representative by a majority
20    of the employees in an appropriate unit.
21        (e)  "Board"  means  the   Illinois   Educational   Labor
22    Relations Board.
23        (f)  "Regional   Superintendent"   means   the   regional
24    superintendent  of  schools provided for in Articles 3 and 3A
25    of The School Code.
26        (g)  "Supervisor" means any individual  having  authority
27    in  the interests of the employer to hire, transfer, suspend,
28    lay off, recall, promote,  discharge,  reward  or  discipline
29    other  employees  within  the appropriate bargaining unit and
30    adjust their grievances, or  to  effectively  recommend  such
31    action  if  the exercise of such authority is not of a merely
32    routine  or  clerical  nature  but  requires   the   use   of
33    independent  judgment.   The  term "supervisor" includes only
34    those  individuals  who  devote  a  preponderance  of   their
 
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 1    employment time to such exercising authority.
 2        (h)  "Unfair  labor  practice" or "unfair practice" means
 3    any practice prohibited by Section 14 of this Act.
 4        (i)  "Person"   includes   an   individual,   educational
 5    employee,  educational  employer,  legal  representative,  or
 6    employee organization.
 7        (j)  "Wages"   means   salaries   or   other   forms   of
 8    compensation for services rendered.
 9        (k)  "Professional employee" means,  in  the  case  of  a
10    public  community college, State college or university, State
11    agency  whose  major  function   is   providing   educational
12    services,  the Illinois School for the Deaf, and the Illinois
13    School for the Visually Impaired, (1) any employee engaged in
14    work (i) predominantly intellectual and varied  in  character
15    as opposed to routine mental, manual, mechanical, or physical
16    work;  (ii)  involving  the consistent exercise of discretion
17    and judgment in its performance; (iii) of such character that
18    the output produced or  the  result  accomplished  cannot  be
19    standardized  in relation to a given period of time; and (iv)
20    requiring knowledge of an advanced type in a field of science
21    or learning customarily acquired by  a  prolonged  course  of
22    specialized   intellectual   instruction   and  study  in  an
23    institution  of   higher   learning   or   a   hospital,   as
24    distinguished  from  a  general academic education or from an
25    apprenticeship or from training in the performance of routine
26    mental, manual, or physical processes; or (2)  any  employee,
27    who (i) has completed the courses of specialized intellectual
28    instruction  and  study described in clause (iv) of paragraph
29    (1) of this subsection, and (ii) is performing  related  work
30    under  the  supervision  of  a professional person to qualify
31    himself or herself to become a  professional  as  defined  in
32    paragraph (l).
33        (l)  "Professional  employee"  means,  in the case of any
34    public school district, or combination  of  school  districts
 
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 1    pursuant   to   joint  agreement,  any  employee  who  has  a
 2    certificate issued under Article 21 or Section 34-83  of  the
 3    School Code, as now or hereafter amended.
 4        (m)  "Unit"  or  "bargaining  unit"  means  any  group of
 5    employees for which an exclusive representative is selected.
 6        (n)  "Confidential employee" means an employee,  who  (i)
 7    in  the regular course of his or her duties, assists and acts
 8    in  a  confidential  capacity  to  persons   who   formulate,
 9    determine  and  effectuate management policies with regard to
10    labor relations or who (ii) in the regular course of  his  or
11    her   duties  has  access  to  information  relating  to  the
12    effectuation  or  review   of   the   employer's   collective
13    bargaining policies.
14        (o)  "Managerial  employee"  means  an  individual who is
15    engaged predominantly in executive and  management  functions
16    and  is  charged  with  the  responsibility  of directing the
17    effectuation of such management policies and practices.
18        (p)  "Craft employee" means a skilled  journeyman,  craft
19    person, and his or her apprentice or helper.
20        (q)  "Short-term employee" is an employee who is employed
21    for  less  than  2  consecutive  calendar  quarters  during a
22    calendar year and who does not have a reasonable  expectation
23    that  he  or she will be rehired by the same employer for the
24    same service in a subsequent calendar year.  Nothing in  this
25    subsection  shall  affect  the employee status of individuals
26    who were covered by a collective bargaining agreement on  the
27    effective date of this amendatory Act of 1991.
28    (Source:  P.A.  92-547,  eff.  6-13-02;  92-748, eff. 1-1-03;
29    revised 8-26-02.)

30        Section 90.  The State Mandates Act is amended by  adding
31    Section 8.27 as follows:

32        (30 ILCS 805/8.27 new)
 
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 1        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 2    and 8 of this Act, no reimbursement by the State is  required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 93rd General Assembly.