093_SB1070ham002

 










                                     LRB093 06083 NHT 15946 a

 1                    AMENDMENT TO SENATE BILL 1070

 2        AMENDMENT NO.     .  Amend Senate Bill 1070, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

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

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.".